Criminal Law Questions & Answers

Q: how do you know if you was convicted for you misdemeanor

1 Answer | Asked in Criminal Law for Alabama on Oct 30, 2014

Answered on Oct 31, 2014

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Matthew Williams' answer
If you successfully completed a diversion program, the charges would have been dismissed and the record may now be sealed. If this is the case you were not convicted. Call the clerk of courts for the court you were dealing with an ask them what the final disposition of your case was. Also ask if the record is sealed or can be sealed.

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Q: I forged 3 checks. Is this a felony or misdemeanor?

1 Answer | Asked in Criminal Law for Wisconsin on Oct 30, 2014

Answered on Oct 31, 2014

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Robert Jason De Groot's answer
It is usually a felony. But you should get a criminal defense attorney on your side in your state.

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Q: Can attorney request that i send documents that were to benifit outcome of case, then claim harm?

1 Answer | Asked in Criminal Law for Texas on Oct 31, 2014

Answered on Oct 31, 2014

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Matthew Williams' answer
We need a lot more information to answer your question. What is this attorney's relationship to you? Is she your attorney? A prosecutor? A attorney for another person with whom you are having a dispute? What is the nature of these documents? What charged was dismissed? What felony are you accused of?

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Q: What is needed to transfer a person in probation to another state?

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

Answered on Oct 30, 2014

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Matthew Williams' answer
Permission from the current probation department, the court, and the willingness of the other jurisdiction to assume responsibility for the probationer. This can be difficult to accomplish.

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Q: presumption in favor of court to impose a prison sentence does the judge have to send someone to prison or can he give c

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

Answered on Oct 30, 2014

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Matthew Williams' answer
If there is a presumption in favor of a prison sentence, which occurs in all F1 and F2 cases, and under limited circumstances in an F3 case, the defense attorney is given the opportunity to rebut the presumption (to argue against it) and the prosecutor may respond in favor of prison. If the judge is convinced prison is not appropriate after the argument, the judge may impose a community control sanction instead of prison or jail time.

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Q: what's the punishment foe first offense contributing to the unruliness of a minor

1 Answer | Asked in Criminal Law for Ohio on Oct 28, 2014

Answered on Oct 30, 2014

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Matthew Williams' answer
This is a first degree misdemeanor offense. The maximum penalty is 180 days in jail and a fine of up to $1,000. There is no minimum, so the court has a great deal of discretion in sentencing an offender. First time offenders are likely to receive probation and a fine. Those with a significant record are more likely to face actual jail time. It is important to note that this particular crime can result in many, many counts, as each day of a continuing behavior that contributes to the unruliness...

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Q: is driving under

1 Answer | Asked in Criminal Law for Ohio on Sep 24, 2014

Answered on Oct 28, 2014

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Matthew Williams' answer
Yes, it's a fifth degree felony or a felony of the fourth degree, if the firearm was loaded and concealed on your person.

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Q: Hi, I was charged with a "offense involving underage persons" is this the same as contributing to a minor?

1 Answer | Asked in Criminal Law for Ohio on Sep 24, 2014

Answered on Oct 28, 2014

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Matthew Williams' answer
You will need to be more specific to get a decent answer here. Do you happen to know what code section you are accused of violating?

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Q: My 16 yr old is on probation in Ohio. We want to move to west virgina. Can he go and what will happen?

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

Answered on Oct 28, 2014

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Matthew Williams' answer
You should sit down with his probation officer and discuss this. If he has been on probation for a while and is doing well, the officer may support your making a motion to the court to terminate his probation. Also, it may be possible to transfer his probation to WV.

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Q: friend is a fugitive of law in oh being held in ga after coming back from his honeymoon now waiting for secret gr jury

1 Answer | Asked in Criminal Law for Ohio on Oct 7, 2014

Answered on Oct 28, 2014

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Matthew Williams' answer
You would need consult a Georgia lawyer about the specifics of their extradition law. In Ohio, a person can be held for 30-90 days while the other jurisdiction makes up its mind about whether to pay to come get them or not. In order for the person to be held longer than 30 days, a judge must decide it is reasonable, and will typically allow bond after the 30 days. If the jurisdiction requesting extradition decides not to come get the fugitive, he or she may be released, but the charges and...

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Q: in a federal case how long does it take for the actual triaal to start after arrest ?

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

Answered on Oct 28, 2014

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Matthew Williams' answer
This depends on a ton of factors. There is typically a lengthy pre-trial process in which the evidence is reviewed by both sides and negotiations regarding a potential plea are held. It is not uncommon for it to be six months to a year, or even longer, before an actual trail is held. Has bond been set? Does she have a lawyer?

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Q: can u take note in court if your just sitting in the crowd ?

1 Answer | Asked in Criminal Law for Ohio on Oct 21, 2014

Answered on Oct 28, 2014

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Matthew Williams' answer
Individual courts and judges have their own rules. The judge has a responsibility to maintain order and decorum in the court and the requisite powers to define rules of conduct within his or her court. However, a sweeping prohibition against note taking would not likely survive a legal challenge. Unless your note taking somehow interfered with the court proceeding, I think it unlikely the judge would even notice let alone care that someone was taking notes. Here is an interesting article on the...

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Q: If i was adjudicated for a rape charge at 13 can I move out of state now that I'm 19

1 Answer | Asked in Criminal Law for Ohio on Oct 21, 2014

Answered on Oct 28, 2014

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Matthew Williams' answer
The answer to your question depends on whether you are still under the jurisdiction and supervision of the juvenile court, and, if so, whether the conditions of your supervision prohibit you from moving out of the state. If you are currently under court supervision you should seek the permission of your probation officer or the court before moving. If you have completed all supervision, you are free to move. However, if you are a registered sex offender as a result of your adjudication, you...

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Q: How long will he be in there if he cannot post bail

1 Answer | Asked in Criminal Law for Ohio on Oct 21, 2014

Answered on Oct 28, 2014

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Matthew Williams' answer
Until the case is resolved.

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Q: my son has been charged with corruption of a minor he has never been in any trouble he

1 Answer | Asked in Criminal Law for Ohio on Oct 22, 2014

Answered on Oct 28, 2014

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Matthew Williams' answer
At his arraignment the judge will let him know what the charges are and what his rights are. Bond will also be set, if it has not been set already. If you can afford the bond, you can get him out. If not, he will remain in jail until the matter is resolved. This is a serious case, you should get him an attorney, if at all possible. If you cannot afford an attorney, be sure he asks the court to appoint one.

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Q: Is carrying a police stick illegal for a citizen

1 Answer | Asked in Criminal Law for Ohio on Oct 23, 2014

Answered on Oct 28, 2014

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Matthew Williams' answer
Carrying a baton can result in a violation of Ohio's concealed weapon's statute. Ohio law does not prohibit openly carrying a baton. However, local municipal law may make it illegal to carry a baton.

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Q: Does misdeamenor domestic violence no contest plea in Florida. 17 yrs ago Can you get weapons permit in Ga.?

1 Answer | Asked in Criminal Law for Florida on Nov 5, 2010

Answered on Oct 28, 2014

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Robert Jason De Groot's answer
More facts, and a bit of research are required to be able to answer your question. I hope you have found an answer by now.

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Q: Is it illegal to give someone a non-controlled prescription med (ie. prednisone) w/o a presription in FL or federally?

1 Answer | Asked in Criminal Law for Florida on Nov 10, 2010

Answered on Oct 28, 2014

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Robert Jason De Groot's answer
It is illegal to give anyone the drugs that have been prescribed to you.

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Q: What is the normal sent. for posesion with intent to manufacture meth in the federal courts?

1 Answer | Asked in Criminal Law for Florida on Jan 13, 2011

Answered on Oct 28, 2014

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Robert Jason De Groot's answer
There is no normal sentence. What you need is a federal crime attorney on your side.

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