Criminal Law Questions & Answers

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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Q: Second time getting arrested for the same crime. What punishment can I expect??

1 Answer | Asked in Criminal Law for Texas on Sep 10, 2014

Answered on Sep 15, 2014

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Christopher M. Lankford's answer
If you are still on deferred, expect to be revoked/adjudicated. What happens next depends on the county. Your lawyer may be able to negotiate a short jail sentence if you will be taking a conviction. Most counties are not too hard on POM.

You may be able to avoid being revoked/adjudicated on the first offense is if you have a defense to the new offense.

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Q: What are my options here??

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

Answered on Sep 15, 2014

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Christopher M. Lankford's answer
The problem with probation is that the Judge has wide discretion on what conditions to place on you. You should talk to your attorney. He/she can advise you on the likelihood of revocation. As bad as 3-6 months of inpatient is, it's far better than 8 years in jail.

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Q: how do u get charged for a aggravated sexual of a child under 14 if D.N.A is inconclusive

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

Answered on Sep 15, 2014

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Christopher M. Lankford's answer
There is likely other evidence, like the statements of the victims. However, charged does not mean guilty. Bad cases may be thrown out at the grand jury stage or later dismissed by the DA.

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Q: how much time do you get for 4 theif of property 1st 30,000 for each one

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

Answered on Sep 15, 2014

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William E. Scully Jr.'s answer
Well...that's a lot of theft. Theft of Property in the First degree is a Class B Felony. Punishment ranges from 2 years to 20 years for each count. Some or all of this jail time can be suspended. The sentencing guidelines will impact the sentence actually imposed. I should also say that if you have prior felonies, the punishment ratchets up.

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Q: Retail Theft

1 Answer | Asked in Criminal Law for Pennsylvania on Jul 30, 2014

Answered on Sep 11, 2014

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Roy L. Galloway III's answer
If you have no prior criminal history, you and your attorney should consider applying for the Acc elerated Rehabilitative Disposition (ARD) program. ARD is a pretrial program designed for non-violent and non-felony offenses whereby you agree to be on probation, you pay a fee for entry into the program, pay restitution and fines and comply with conditions of the ARD program which are usually community service, counseling or treatment and paying restitution and your record will be expunged upon...

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Q: Are records automatically expunged if charges are dropped involving possession with intent to distribute 3heroin bricks.

1 Answer | Asked in Criminal Law for Pennsylvania on Aug 4, 2014

Answered on Sep 11, 2014

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Roy L. Galloway III's answer
If your charges have been expunged, you should have received a copy of a court order granting a Petition For Expungement. If you never received a court order expunging your record, chances are you still have an arrest record.

You should check with your lawyer to see if he/she received an order granting an expungement. If you were not represented by a lawyer, you can do an unofficial record check by pulling up your docket sheet at the court of common pleas level. You can search the...

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Q: I pressed charges on my ex for DV and the police have evidence that he did...would I have to go to court?

1 Answer | Asked in Criminal Law for California on Sep 2, 2014

Answered on Sep 6, 2014

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Arash Hashemi's answer
If he already pleaded guilty, has been sentenced, and the case is completely over you will not have to go to court

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Q: Can an Attorney acquire a police report from the District Attorney that I was denied before?

1 Answer | Asked in Criminal Law for California on Sep 5, 2014

Answered on Sep 6, 2014

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Arash Hashemi's answer
The normal protocol is for the District Attorney to turn over all discovery to defense counsel.

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Q: HOW DO I HIRE A LAWYER IF I HAVE AN ARREST WARRANT TO BE SERVED AGAINST ME FOR AN OLD CASH ADVANCE CASE I PAID .

1 Answer | Asked in Criminal Law for Maryland on Jul 24, 2014

Answered on Sep 5, 2014

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Thomas C. Valkenet's answer
You interview lawyers and firms until you find someone you like, and who you can afford. Then you sign a fee agreement and pay the lawyer's fee. Only then do you "have a lawyer." He will then give you advice and perform the work described in the fee agreement.

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Q: if i lied to keep my bf out of jail after he beat me up can i have him arrested if it happened months ago?

1 Answer | Asked in Criminal Law for Maryland on Aug 29, 2014

Answered on Sep 5, 2014

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Thomas C. Valkenet's answer
Yes, but you have greatly damaged your credibility with the lie. And you will surely be angry when folks choose not to believe you. No woman deserves a beating, and once should be enough to motivate you to bail and move on.

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Q: If a person is sentenced to imprisonment following a criminal trial, can he remain free until the appeal is decided.

1 Answer | Asked in Criminal Law for Maryland on Sep 2, 2014

Answered on Sep 5, 2014

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Thomas C. Valkenet's answer
You refer to a "surrender date." That implies that he is going to prison, even while the appeal is being prosecuted. Beyond that, you should discuss this with his lawyer (or better yet, he should discuss this with his lawyer). Did he have private counsel or a PD at trial? Did he take a plea? Did he note an appeal? Does he have a new lawyer to brief the appeal?

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Q: My fiance is on parole til June 2017. He caught 1charge of evading in motor vehicle, dwli, bail jumping what do we do???

1 Answer | Asked in Criminal Law for Texas on Sep 3, 2014

Answered on Sep 5, 2014

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Christopher M. Lankford's answer
He has two issues. First, he has the new charges to deal with, which includes felonies. Second, he will be facing a parole revocation based on the new charges.

If the charges are weak, then he can contest them. Talk with an attorney. What happens will depend on the strength of the new cases.

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Q: can 2nd degree marijiuana be enhanced to a felony

1 Answer | Asked in Criminal Law for Alabama on Sep 4, 2014

Answered on Sep 5, 2014

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William E. Scully Jr.'s answer
Sort of. Possession of Marijuana in the second degree is possession of marijuana for personal use only. It is a Class A misdemeanor. However, possession of marijuana (even for personal use only), after having been previously convicted of second degree possession, is a Class C felony.

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Q: Non physical control dui arrest in minnesota,LEGAL ?

1 Answer | Asked in Criminal Law for Minnesota on Aug 12, 2014

Answered on Sep 2, 2014

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Kristen Bullock's answer
I would be interested in reading the police report and discussing your case. You may have a potential argument for dismissing the case. I would not hesitate in contacting an attorney to preserve your rights. Please feel free to contact me at 651.270.6484.

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