Criminal Law Questions & Answers

Q: I have a conditional discharge on my record for possession of marijuana.

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

Answered on Nov 27, 2014

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Julie A. Rice's answer
You are probably eligible for a record restriction and that should take care of this for you. There is a new law in GA that has opened up the doors for over 2 million people who could not have their records restricted (i.e. expunged) under the old law so you should explore this option and that would be a good situation for you so you can restrict the arrest from your record.

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Q: My friend got lockex up in georgia but texas has a hold on her how long do they have to come get her if she dont waive h

1 Answer | Asked in Criminal Law for Georgia on Nov 26, 2014

Answered on Nov 27, 2014

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Julie A. Rice's answer
Your friend may be in jail a while depending upon what type of charges you are talking about for example are you talking about probation holds, misdemeanor crimes, traffic offenses, felony crimes, etc. The more serious the crimes in TX and in GA, then the longer your friend may be in jail. If your friend hires a competent attorney, then the time may be deducted by negotiation.

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Q: CAN MY PROBATION BE REVOKE BECAUSE I CAUGHT A CHARGE IN PRISON.MY PROBATION DIDN'T SUPPOSED TO START INTO I GOT OUT.

1 Answer | Asked in Criminal Law for Georgia on Nov 25, 2014

Answered on Nov 27, 2014

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Julie A. Rice's answer
If she was on probation and did not report, then she is in violation of probation and there would most likely be a bench warrant for her arrest.

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Q: can i have my rights to own a gun being convicted of possession of tools during commission of a crime

1 Answer | Asked in Criminal Law for Georgia on Nov 24, 2014

Answered on Nov 27, 2014

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Julie A. Rice's answer
It depends on what was involved in the original crime. If a weapon was involved, then you it likely that your rts. as they pertain to a firearm will not be restored.

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Q: if I plead guilty to misdemeanors in Georgia, can I have the records sealed

1 Answer | Asked in Criminal Law for Georgia on Nov 25, 2014

Answered on Nov 27, 2014

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Julie A. Rice's answer
If you plead guilty in anything in GA and you are over 21, then you most likely will not be able to have your record restricted later. If you want to have your record restricted later (or be eligible for restriction), then this needs to be negotiated at the time of your plea under the new law.

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Q: is it illegal to forge a doctor's signature?

1 Answer | Asked in Criminal Law for Kentucky on Nov 23, 2014

Answered on Nov 26, 2014

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E. Seth Combs' answer
Quite simply, yes. Doing this could subject you to serious criminal and/or civil penalties. You should contact a lawyer licensed to practice in Kentucky.

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Q: Do i need to mention my sealed record? Will it show?

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

Answered on Nov 26, 2014

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Robert Jason De Groot's answer
This would depend upon the questions asked. Be truthful.

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Q: 30 yr old woman having sex with 14 yr old

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

Answered on Nov 26, 2014

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Robert Jason De Groot's answer
You would have to report the crime to the police.

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Q: my son was sentenced to yrs under te prr law. is it possible to reverse or lessen his time of sentencing?

1 Answer | Asked in Criminal Law for Florida on Nov 24, 2014

Answered on Nov 26, 2014

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Robert Jason De Groot's answer
The PRR status means that he will get no gain time and will serve day for day of the sentence. I would need to know a heck of a lot more to be able to even say that something can be done for him. Get a copy of the complete record and the transcript of the sentencing. Was it a plea deal?

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Q: I have two felony convictions twenty years ago nothing since. Will this stop me from obtaining a license?

1 Answer | Asked in Criminal Law for Ohio on Nov 25, 2014

Answered on Nov 25, 2014

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Matthew Williams' answer
Your convictions could cause you difficulty in obtaining a real-estate license, but are not a total bar. The licensing authority has broad discretion to approve applications. The licensing folks need to be convinced you are now an honest person with a good reputation. It would help to have an attorney help you with the licensing application and represent you at any hearing before the licensing authority. For more information see http://codes.ohio.gov/orc/4735.07 Similar rules apply to becoming...

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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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