Criminal Law Questions & Answers

Q: Should I talk to the police or get a lawyer? Am I obligated to even talk to the police?

1 Answer | Asked in Criminal Law for Pennsylvania on Jul 17, 2014

Answered on Jul 24, 2014

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Roy L. Galloway III's answer
You should never speak to police without a lawyer present because anything you say can be used against you in court. You don't want the cops to take what you say out of context or testify in court that you said something you did not and it be his/her word as a cop against yours. For your protection just say no. You have no duty to speak. Your 5th Amendment right not to incriminate yourself protects you. Don't waive it by talking.

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Q: If a Judge does not accept a plea deal, can the defendant change his plea?

1 Answer | Asked in Criminal Law for Texas on Jul 9, 2014

Answered on Jul 21, 2014

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Christopher M. Lankford's answer
Yes. If the deal is not accepted, then the defendant may withdrawal his plea of "Guilty."

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Q: if i was in a place where a theft was committed am i going to get in trouble to

1 Answer | Asked in Criminal Law for Texas on Jul 12, 2014

Answered on Jul 21, 2014

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Christopher M. Lankford's answer
That depends. If you were just there and not involved in the theft, then you shouldn't be held criminally liable.

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Q: Texas, son is in jail. 2 DWI 2 DWLI,1 Drug Paraphernalia, 1 Assault with a deadly weapon. Can he get out on PR Bond?

1 Answer | Asked in Criminal Law for Texas on Jul 8, 2014

Answered on Jul 21, 2014

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Christopher M. Lankford's answer
Not likely. However, he may be able to get released or have his bond reduced if he is not indicted within 90 days.

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Q: I was not advised of my grounds to appeal my criminal case. I recieved ineffective assistance of counsel and was wrongly

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

Answered on Jul 21, 2014

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Christopher M. Lankford's answer
Yes. You should contact an appellate attorney about filing what we call a "Writ."

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Q: Can a husband and wife be charged for the same drug trafficking case?

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

Answered on Jul 21, 2014

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Christopher M. Lankford's answer
Yes. However, whether both are criminally liable would depend upon the facts of the case.

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Q: I was charged with a dwi in MO but live in texas. No prior record at all. What am I looking at for fines or time

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

Answered on Jul 21, 2014

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Christopher M. Lankford's answer
This question should be asked to a Missouri attorney. DWI laws vary greatly between states and Missouri law will apply.

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Q: How to handle a class a misdemeanor charge?

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

Answered on Jul 21, 2014

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Christopher M. Lankford's answer
I would strongly suggest hiring an attorney. A Class A misdemeanor is punishable by up to a year in jail, so it should not be taken lightly.

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Q: Will dwi from Louisiana show up in Texas

1 Answer | Asked in Criminal Law for Texas on Jul 18, 2014

Answered on Jul 21, 2014

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Christopher M. Lankford's answer
Yes. If this is pertaining to a new criminal case, then a background check will be ran through the FBI database and priors will show up.

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Q: Is it true after 7months of being charged with intent to deliver,and they seized my car,does it get dismissed?

1 Answer | Asked in Criminal Law for Rhode Island on Jan 31, 2014

Answered on Jul 15, 2014

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Neville Bedford's answer
Speak to you attorney to be sure you get (confidential) reliable advice under the particular circumstances. There is not enough information (nor should there be - here on a public bulletin board) to answer this question.

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Q: being charged with simple assault on an officer resisting arrest and an argument with my boyfriend which got them there

1 Answer | Asked in Criminal Law for Rhode Island on Jul 9, 2014

Answered on Jul 15, 2014

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Neville Bedford's answer
Retain an attorney to assist you. These matters are generally rather complex and best not addressed in an open internet chat board.

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Q: A store filed charges for theft against me later they dismissed, can I file charges against them

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

Answered on Jul 5, 2014

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Christopher M. Lankford's answer
Not likely. It is a criminal offense to make a false statement to police, but short of that, an offense probably wasn't committed.

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Q: My boyfriend was charged with assault/bdly harm, what kind of time does this charge hold and is there something I can d?

1 Answer | Asked in Criminal Law for Texas on Jun 30, 2014

Answered on Jul 3, 2014

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Christopher M. Lankford's answer
Assault against a family member with choking/impeding breathing is a 3d degree felony punishable by 2-10 years in jail. However, it is often just charged as a misdemeanor punishable by up to a year in jail.

If you do not wish to press charges, speak to an attorney about filing an Affidavit of Non-Prosecution with the DA.

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Q: My fiancé was arrested with charges of assault and bodily injury because I call police how can I drop the charges?

1 Answer | Asked in Criminal Law for Texas on Jun 30, 2014

Answered on Jul 3, 2014

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Christopher M. Lankford's answer
Assault against a family member with choking/impeding breathing is a 3d degree felony punishable by 2-10 years in jail. However, it is often just charged as a misdemeanor punishable by up to a year in jail.

If you do not wish to press charges, speak to an attorney about filing an Affidavit of Non-Prosecution with the DA.

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Q: Can a theft 50-500 be dropped if the Miranda rights were not read at time of arrest?

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

Answered on Jul 3, 2014

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Christopher M. Lankford's answer
Failure to have your Miranda rights read to you means that any statements or confessions you made while in custody cannot be used against you. Whether the case is dismissed will depend on if there is any other evidence besides your confession that can be used against you (i.e., witnesses). If so, then don't expect your case to be dropped.

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Q: Would my boyfriend get jail time for slapping me and filed a police report didnt press charges my friend was a witness?

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

Answered on Jul 2, 2014

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Thomas Davis' answer
If you don't cooperate with the prosecutor, the most likely result would be that the new charges would be dismissed. If you do cooperate, the most likely result would be that your boyfriend would be sentenced to probation and required to complete a domestic violence program (that is the likely result here in LA County, other counties might have different dispositions). Good luck with this.

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Q: If a 17 y/o male in the US does a sexual roleplay with a 14 y/o girl from new zealand, are any laws being broken?

1 Answer | Asked in Criminal Law for Alabama on Jun 26, 2014

Answered on Jun 29, 2014

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William E. Scully Jr.'s answer
If it's not against the law, it OUGHT to be! There are lots of things that you might have said to the girl that could make this 'role-play' a crime. It could be 'Contributing to the Delinquency of a Minor' Alabama Code Section 12-15-111. And, more to the point, it could be considered 'Distribution of Obscene Material to a Minor' in violation of Alabama Code Section 13A-12-200.2. If you are the 17 year old, you might ought to be more concerned about the child's FATHER than about the law....

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Q: Do you get your gun rights back after you get off probation if you plead youthful offender

1 Answer | Asked in Criminal Law for Alabama on Jun 28, 2014

Answered on Jun 29, 2014

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William E. Scully Jr.'s answer
Being a youthful offender does not deprive you of the right to possess a gun. In addition, you will be relieved to hear that even though you are a Youthful Offender you can still vote, serve as a juror, hold public office, and be hired by the state. YO status does not does not deprive you of 'any right or privilege or make (you) ineligible to receive any license granted by public authority' in Alabama. In fact, being a Youthful Offender 'shall not be deemed a conviction of crime' and the...

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Q: Does a convicted felon have to have miranda warning read to him?

1 Answer | Asked in Criminal Law for Texas on Jun 27, 2014

Answered on Jun 27, 2014

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Christopher M. Lankford's answer
You must have your Miranda rights read to you prior to any custodial interrogation. This means that, regardless of your criminal history, after an arrest you must be read and waive your Miranda rights before being questioned. If this isn't done, then your statements cannot later be used against you.

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Q: where can I access public criminal records?

2 Answers | Asked in Criminal Law for Texas on Jun 26, 2014

Answered on Jun 26, 2014

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Charles Snyderman's answer
Try this link https://records.txdps.state.tx.us/DpsWebsite/index.aspx

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