Criminal Law Questions & Answers

Q: Can I get revoked for not having a job when I have a disabled child at home and my probation is up in a month

1 Answer | Asked in Criminal Law for Oklahoma on Oct 8, 2014

Answered on Oct 13, 2014

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Howard Berkson's answer
If the terms of your probation require you to have employment, then your probation can be revoked for being unemployed. You should speak with an attorney. If money is too tight, check with Legal Aid of Oklahoma.

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Q: What would assault on a disabled person be considered or classified as?

1 Answer | Asked in Criminal Law for Oklahoma on Oct 10, 2014

Answered on Oct 13, 2014

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Howard Berkson's answer
Assault or battery on a disabled person by an able bodied person is probably aggravated assault or battery (or both). See Oklahoma Statutes title 21, Section 646(2).

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Q: Can a judge overrule a jury decision regarding a conviction of Lewd Acts against a minor under 12?

1 Answer | Asked in Criminal Law for Oklahoma on Oct 11, 2014

Answered on Oct 13, 2014

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Howard Berkson's answer
Your best bet is an appeal but, frankly, appellate courts normally uphold the trial court's decision.

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Q: Can my husband have charges dropped against my daughter for assault?

1 Answer | Asked in Criminal Law for Oklahoma on Oct 13, 2014

Answered on Oct 13, 2014

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Howard Berkson's answer
Criminal charges are brought by the state, the District Attorney makes the decisions, so it isn't up to you whether they continue prosecuting the case. However, that doesn't mean there is nothing you can do, but you need to talk to an attorney very quickly.

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Q: in 1994 on nov 2 i was 17 and charged as an adult on a non violent crime in texas.did the they channge the law from 18

1 Answer | Asked in Criminal Law for Texas on Oct 11, 2014

Answered on Oct 13, 2014

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Christopher M. Lankford's answer
17 is an adult in Texas for criminal purposes. It has been that way for at least a century. Some states differ.

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Q: Is it legal in Virginia to exclude the complainant in a criminal case along with the witnesses?

1 Answer | Asked in Criminal Law for Virginia on Oct 8, 2014

Answered on Oct 8, 2014

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Mr. Andrew T. Bodoh Esq.'s answer
Yes. The rules of evidence allow witnesses (including a complainant in a criminal case) to be sequestered as long as they might testify in order to preserve the integrity of their testimony--i.e., so that the testimony is not influenced by the testimony of other witnessed. Parties to the case can be present, but in a criminal matter the parties are the Commonwealth (or the local government) and the defendant--not the complainant.

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Q: Do I need to hire a lawyer to have an arrest record expunged or can I file it myself?

1 Answer | Asked in Criminal Law for Texas on Oct 1, 2014

Answered on Oct 7, 2014

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Christopher M. Lankford's answer
You can file it yourself. However, you only get one shot at it. I would HIGHLY recommend hiring a lawyer to make sure it gets done right.

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Q: MY NEPHEW HAS A FAMILY VIOLENCE CHARGE CLASS A MISDEMEANOR AND HAS A 3RD COURT HE NEEDS TO ATTEND.

1 Answer | Asked in Criminal Law for Texas on Oct 2, 2014

Answered on Oct 7, 2014

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Christopher M. Lankford's answer
If he leaves he will have a warrant issued for his arrest. I would not expect Texas to have him extradited for a misdemeanor. However, the pending charge will show up on background checks and haunt him until it is resolved.

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Q: If I was put on deffered adjudication for a felony theft can I still buy a firearm?

1 Answer | Asked in Criminal Law for Texas on Oct 6, 2014

Answered on Oct 7, 2014

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Christopher M. Lankford's answer
You are not a convicted felon, so you do not have that restriction. However, a condition of your deferred (if you're still on it) may be not to possess a firearm.

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Q: how do i get assault fam violence off my record?

1 Answer | Asked in Criminal Law for Texas on Oct 5, 2014

Answered on Oct 7, 2014

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Christopher M. Lankford's answer
Depending on what happened with the case, you may qualify for either a Non-Disclosure Order or an Expunction. Both seal your record. An expunction actually orders the police to destroy their records of your arrest. Consult a local attorney to see if you qualify for either of these.

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Q: what is the statute for NC that has to do with trespass

1 Answer | Asked in Criminal Law for North Carolina on Sep 26, 2014

Answered on Oct 4, 2014

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Philip J. Clarke III's answer
I would be glad to try and answer this question, but Trespass is a term that is used in a number of different offenses in North Carolina. You can commit trespass against personal property or against real property (land) or against a number of specific entities or on land posted for hunting etc. But most of us think of trespass as going onto the land of another without permission.

So I will assume that you are looking for trespass to land. Try looking at the statutes for 1st Degree...

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Q: Can you break this down and tell me what the violation to be charged with this would be?

1 Answer | Asked in Criminal Law for North Carolina on Sep 23, 2014

Answered on Oct 4, 2014

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Philip J. Clarke III's answer
This is a class 2 misdemeanor (next to the lowest level misdemeanor) and is set up to be quite easy to prove against the person accused.

The offense is for a person who has purchased some item on credit, with the seller or a separate lender having a security interest in the property. In other words, the lender has papers signed by the person that give the lender the right to come and get the item if the person fails to pay. The statute essentially says that the person's intent to...

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Q: What is the Statute of limitation on communicating a threat

1 Answer | Asked in Criminal Law for North Carolina on Sep 29, 2014

Answered on Oct 4, 2014

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Philip J. Clarke III's answer
Communicating a Threat is a class 1 misdemeanor. The statute of limitations for misdemeanors in North Carolina is two years with certain exceptions -- one being "malicious" misdemeanors. Because the elements of the crime of Communicating Threats do not include the state having to prove malice, I do not believe this offense is such an exception, and that the statute of limitations is two years. That is a simple answer to the question as asked. But it may be too simple to be useful to you....

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Q: My daughter has 2 charges of credit card or debit card abuse and 1 charge of theft of property from elderly > 1500 <2000

1 Answer | Asked in Criminal Law for Texas on Sep 28, 2014

Answered on Oct 1, 2014

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Christopher M. Lankford's answer
The theft is a state jail felony, so the range is 180 days-2 years. It's impossible to predict where she might fall into that range. It would depend on the county, her prior history, and the facts of the case.

Also, she may be eligible for probation or even deferred adjudication. It's best to speak to local counsel about all of the options.

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Q: My bf was arrested for domestic violence. The case has not be filled with the DA so are there any charges against him?

1 Answer | Asked in Criminal Law for Texas on Sep 22, 2014

Answered on Sep 23, 2014

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Christopher M. Lankford's answer
Yes. However, the DA has 2 years to file charges (longer if it is a felony). Family violence cases are often subject to "no drop" policies, which means it likely will be filed. An attorney can fight the protective order, but it is usually best to just let it expire since it's temporary and "no contact" may be a condition of his bond.

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Q: I was charged with possession of cocaine, less than a gram 20 yrs ago I went to court was told it would be dropped if

1 Answer | Asked in Criminal Law for North Carolina on Sep 14, 2014

Answered on Sep 22, 2014

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Philip J. Clarke III's answer
Not disputing what you have said, but it is often difficult to remember all the details of something like this that happened 20 years ago. It could be that you did not fully understand how the case was being handled, or it could be that some detail was not attended to with the probation, or a communication problem somewhere in the process. Did you have an attorney? If not, that could be a helpful factor. If so, he might have a record of the case. In some situations such a conviction could...

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Q: Court date for drug paraphanilia, do we need a lawyer?

1 Answer | Asked in Criminal Law for Texas on Sep 14, 2014

Answered on Sep 18, 2014

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Christopher M. Lankford's answer
A lawyer is always recommended for any charge to make sure that you don't end up with a conviction. However, since this is a Class C Misdemeanor, you should be fine if you accept a "Deferred Disposition."

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Q: What is the penalty for someone who has a charge for cruelty to a juvenile and is their first offense

1 Answer | Asked in Criminal Law for Texas on Sep 15, 2014

Answered on Sep 18, 2014

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Christopher M. Lankford's answer
I believe the charge you are referring to is Injury to a Child. Depending on the circumstances like seriousness of the injury, this could be charged anywhere from a State Jail Felony (180 days - 2years in jail) to a 1st Degree Felony (5-99 or life). There is a defense for reasonable discipline by a parent/guardian. This would mean the person is not criminally liable.

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Q: My 19 yo son charged with having LT 2 oz of marijuana in guadalupe county. He's a student does he need a lawyer

1 Answer | Asked in Criminal Law for Texas on Sep 15, 2014

Answered on Sep 18, 2014

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Christopher M. Lankford's answer
Absolutely. It is a Class B Misdemeanor punishable by up to 180 days in jail and a $2,000 fine, so it's a serious offense. However, an attorney should be able to keep his record clean and avoid harsh consequences if it's a first offense.

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