Criminal Law Questions & Answers

Q: I have a car that we are paying on can i be arrested as long as im making payments on time

1 Answer | Asked in Criminal Law for Georgia on Nov 18, 2014

Answered on Nov 24, 2014

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Julie A. Rice's answer
Not likely, unless you committed a crime to get the car.

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Q: I have 3 years to pay a 165,000 fine imposed by the court. Will I go to jail if I cannot pay while on probation

1 Answer | Asked in Criminal Law for Georgia on Nov 20, 2014

Answered on Nov 24, 2014

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Julie A. Rice's answer
If you are in contempt of a court order, then you might go to jail if the court finds you in contempt of the court's order to pay the fine. I would not risk this. You need to have the order amended if you can't pay and have the court execute a new order with new terms that you can live with to pay off the amount ordered.

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Q: My husband went to jail for having sex with a minor would he apply for this new law they told him that they cleared his

1 Answer | Asked in Criminal Law for Georgia on Nov 21, 2014

Answered on Nov 24, 2014

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Julie A. Rice's answer
Probably not as most sex offenses are not allowed to be restricted in accordance with the new law.

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Q: Regarding Arkansas Law 5-68-204.What are the jury instruction on on a trial concerning this law?

1 Answer | Asked in Criminal Law for Florida on Nov 19, 2014

Answered on Nov 21, 2014

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Robert Jason De Groot's answer
You are asking criminal defense attorneys in the state of Florida to answer a question about AK law. Ask an attorney there.

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Q: can a sentence go up if you file an appeal in a criminal law case

1 Answer | Asked in Criminal Law for Florida on Nov 19, 2014

Answered on Nov 21, 2014

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Robert Jason De Groot's answer
It depends upon the facts, but usually no.

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Q: misdemeanor of the second degree bonded not yet went to trial. Will I have to go back if guilty?

1 Answer | Asked in Criminal Law for Ohio on Nov 17, 2014

Answered on Nov 18, 2014

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Matthew Williams' answer
Whether you will be sentenced to jail time, if convicted, depends on too many factors to list. Most important are the nature of the offense, your prior record, the specific judge, and whether or not you get a lawyer. Do yourself a favor. Get a lawyer. Jail time isn't really likely on an M2, but it's possible, especially if you have priors or are up against a tough judge.

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Q: What is the process to request re sentencing under prop 47?

1 Answer | Asked in Criminal Law for California on Nov 14, 2014

Answered on Nov 17, 2014

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John David Rogers' answer
You must submit a petition to the court and serve the prosecuting agency. There are certain exceptions however. Consult with a local attorney to discuss your eligibility.

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Q: how do an inmate know how to uplift a federal detainer that is currently in prison doing state time

1 Answer | Asked in Criminal Law for Ohio on Nov 12, 2014

Answered on Nov 12, 2014

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Matthew Williams' answer
An inmate is not likely to have any success trying to lift a detainer on his or her own. The inmate should hire an attorney or seek the assistance of the public defender. Particularly if the alleged crimes are related, it may be possible to plead and serve concurrent (at the same time) sentences.

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Q: what constitutes the right to search a vehicle

1 Answer | Asked in Criminal Law for Missouri on Aug 27, 2014

Answered on Nov 12, 2014

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John C. Schleiffarth's answer
There are very few ways for police to legally search a vehicle.

1. Probable cause

2. Warrant

3. Search Incident to arrest (Limited to inventory)

4. Consent

Specific details would be needed to discuss whether a specific search could be seen as illegal. Hiring an aggressive defense lawyer with experience in fighting illegal searches is imperative in cases like this. There are a number of motions to be filed and arguments to be made.

John...

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Q: How long is statue of limitations on a theft charge ????

1 Answer | Asked in Criminal Law for Missouri on Apr 14, 2014

Answered on Nov 12, 2014

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John C. Schleiffarth's answer
The short answer is one year for a misdemeanor and three years for a felony. There are more details needed to give you a more exact answer. If you believe you are being investigated for a crime, you should contact a criminal defense attorney right away. Theft charges are serious and can follow you for life.

John Schleiffarth

JCS Law

St. Louis, Missouri

314-561-9690

www.jcsattorney.com

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Q: what is the majority opinion trying to convey in dickerson v united states?

1 Answer | Asked in Criminal Law for California on Nov 7, 2014

Answered on Nov 8, 2014

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Matthew Williams' answer
Dickerson basically says Congress cannot pass a law effectively overruling Miranda v. Arizona's requirement that a suspect in custody be read his rights prior to interrogation because the Miranda decision was based on the Constitution, not the interpretation of a federal law. Congress can change federal laws, if it dislikes the Court's interpretation, but cannot change the Constitution.

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Q: I need help with knowing the rights of a confidential informant in the state of Idaho

1 Answer | Asked in Criminal Law for Idaho on Nov 7, 2014

Answered on Nov 8, 2014

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Matthew Williams' answer
Is there a particular right you are concerned about? For the most part, confidential informants have the same rights as anyone else.

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Q: Is a license plate violation reason for a terry type search?

1 Answer | Asked in Criminal Law for Arkansas on Nov 7, 2014

Answered on Nov 8, 2014

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Matthew Williams' answer
Yes, police are legally permitted to have the occupants of a vehicle exit the vehicle during a traffic stop and can pat them down for weapons.

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Q: PLEASE LET ME KNOW WHAT THIS ORDER MEANS FROM A JUDGE.See below for additional details.

1 Answer | Asked in Criminal Law for Oklahoma on Nov 7, 2014

Answered on Nov 8, 2014

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Matthew Williams' answer
This looks like an application to revoke a suspended sentence was filed indicating an attempt by a prosecutor or probation officer to have the sentence imposed. A warrant issued for the arrest of the defendant. A motion was filed (by the defendant or on his or her behalf) to dismiss the application and recall (cancel) the warrant.

It's unclear from what you posted if the motion to dismiss and recall was granted or if the entry simply indicates the filing party included a proposed...

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Q: How much jail time does someone usually get for falsification and obstructing official?

1 Answer | Asked in Criminal Law for Ohio on Sep 17, 2014

Answered on Nov 6, 2014

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Matthew Williams' answer
Sentencing is very complicated. There is no amount of time that is usual. All cases are different. The judge, the person's record, the exact circumstances of the crime...there are a lot of factors to consider. Most falsification charges are first degree misdemeanors carrying a maximum of 180 days and a $1,000 fine. Obstructing official business is usually a second degree misdemeanor carrying a maximum of 90 days in jail and a $750 fine. The falsification charge can be a felony, if it involves...

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Q: If the legal age of consent is 16 how can someone who sleeps with a 17 year ok be charged with sexual battery?

1 Answer | Asked in Criminal Law for Ohio on Nov 5, 2014

Answered on Nov 6, 2014

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Matthew Williams' answer
Age has no bearing on a sexual battery charge. This person could not be charged with unlawful sexual conduct with a minor, unless he or she was in a position of authority over the minor such as a boss, teacher, or coach. If you are charged with sexual battery, you should hire an attorney immediately. You may face prison time and registration requirements.

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Q: I want to know what this all means..

1 Answer | Asked in Criminal Law for Oregon on Oct 29, 2014

Answered on Nov 1, 2014

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Michael Romano's answer
The reference to "PCS" means Possession of a Controlled Substance (Heroin or Methamphetamine).

"60 d" refers to the jail time (60 days jail).

"Pps" is a reference to post prison supervision.

Based on the felony charges referenced in your questions, you're looking at significant jail time and supervision. You either need to ask your attorney about this plea offer or-- if you don't have an attorney-- either retain one or have a court-appointed attorney appointed right away.

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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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