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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Q: Does Rule 600 apply & who can we have file it?

Hello. My son has been incarcerated since 03/27/2022 and Venango County, PA put criminal complaints filed Charges on him 3/8/2022, from an incident they said happened on 2/12/2022, (docket no. Mj-28301-cr-0000056-2022). My son has never even been arraigned or had his prelim or anything. In pa we... View More

James L. Arrasmith
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answered on Mar 20, 2024

Rule 600 in Pennsylvania refers to the right to a speedy trial, stipulating that a criminal defendant should be brought to trial within a certain period, usually 365 days from the filing of the complaint. If your son has been incarcerated since 03/27/2022 without an arraignment or preliminary... View More

1 Answer | Asked in Criminal Law for California on
Q: Can a police officer posing as a dealer on Facebook tell you that you are under arrest without a deal being made?
James L. Arrasmith
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answered on Mar 20, 2024

Under California law, law enforcement officers can conduct undercover operations online, including posing as dealers on platforms like Facebook. However, for an arrest to be made, there typically needs to be evidence of a crime, such as an agreement to buy or sell illegal substances. Simply... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: I have two charges from 1985. altered driver's license and it was dismissed. criminal conversion does this

disqualify me from becoming a notary public?

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 20, 2024

I do not know specifically if the conversion would prevent you from becoming a notary, however conversion is a crime of dishonesty, therefore more than likely it would disqualify you. It appears you would qualify to have the cases expunged off your record. Consider consulting with a criminal... View More

2 Answers | Asked in Criminal Law for California on
Q: Cop lied about why he pulled me over and I was given tickets from drugs in a bag that was not mine.

I had given a homeless man a ride across a parking lot because I say hi to the man and throw him some money or food when I see him normally. He had asked me to do him a favor and go get lighter fluid from the smoke shop in the same center because they didn’t let him in. I had gone into the smoke... View More

James L. Arrasmith
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answered on Mar 20, 2024

Under California law, there are several avenues you might explore to contest the charges and the circumstances of the traffic stop and subsequent search. If the reason for the stop was allegedly due to a non-functioning tail light, but all your tail lights are working, this discrepancy could be... View More

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2 Answers | Asked in Criminal Law for California on
Q: Cop lied about why he pulled me over and I was given tickets from drugs in a bag that was not mine.

I had given a homeless man a ride across a parking lot because I say hi to the man and throw him some money or food when I see him normally. He had asked me to do him a favor and go get lighter fluid from the smoke shop in the same center because they didn’t let him in. I had gone into the smoke... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 20, 2024

You need to retain a lawyer ASAP.........either private or request a public defender.

A private lawyer could try to talk to the filing deputy DA to explain things and preclude the filing.

You may want to go to your car dealership ASAP to document that your tail light was working and...
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2 Answers | Asked in Criminal Law, Federal Crimes and Civil Rights for Florida on
Q: Male officers stripped searched a girlfriend of mine looking for track marks after her husband overdosed in their home.

They turned off body cameras and locked her in her garage while making her do degrading things, touching her breasts and vaginal area, making her crab walk naked in front of three male officers. They took her husbands cell phone and days later told her to reach out to possible people her husband... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Mar 20, 2024

You are writing about someone else. It's not clear what you are asking for. If these allegations are true, your friend could file an internal affairs complaint against those officers involved. The IA investigation would require her cooperation. Most agencies do not authorize turning off body... View More

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1 Answer | Asked in Civil Rights, Criminal Law and Domestic Violence for Washington on
Q: Is it legal for the state to assign a nco on my husband when there was no apparent harm risk or danger to me from him?

My husband and I where in a strictly verbal altercation when the police where called and they arrested him for an assault in the 4th degree with dv enhancement when I answer no to every question I was asked by law enforcement and there was a no contact order put into effect. However he has NEVER... View More

James L. Arrasmith
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answered on Mar 19, 2024

In instances involving domestic disputes, law enforcement may have policies or legal obligations to act cautiously, which can include issuing a no-contact order (NCO), even if no physical harm occurred. This is often a precautionary measure intended to ensure safety and prevent any potential harm... View More

2 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: I am convicted of 2 felony is it possible for me to get the right to use a gun to hunt?

One felony aid assault 6 years ago and the circumstance was I was in an argument with my girlfriend she asked me to leave and I tried to get in the car and go she kept yelling and after I backed up she jumped on the hood , I drove off she fell off and was injured. I was not the aggressor, the... View More

James L. Arrasmith
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answered on Mar 19, 2024

In the United States, particularly in Tennessee, felony convictions generally restrict an individual's right to possess firearms. However, there are paths to potentially restoring these rights, though they can be complex and vary by state. In your case, specific factors of your past... View More

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Is there any way that I can get a pro no-no lawyer for my brother that's already in prison so he can appeal his case
James L. Arrasmith
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answered on Mar 19, 2024

You can seek a pro bono lawyer for your brother to help with his appeal by contacting legal aid organizations or non-profit groups that focus on criminal justice or prisoner rights. These organizations often provide free legal assistance or can direct you to lawyers who are willing to take cases... View More

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Is there any way that I can get a pro no-no lawyer for my brother that's already in prison so he can appeal his case
Dale S. Gribow
Dale S. Gribow
answered on Mar 19, 2024

You are looking for a Pro Bono Lawyer.

If he has been convicted, try Legal Aid\ or a local law school for leads on lawyers who might take on a pro bono case.

Unfortunately, some lawyers will do it for the experience and be less competent.

Prepare a summary of the facts and...
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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: can a person be convicted at the age of 19 for murder and no evidence and no due process in texas

they confessed only by detectives pressure tatctics and recieved a 50 yr sent in tx

James L. Arrasmith
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answered on Mar 19, 2024

If someone at the age of 19 in Texas is accused of murder but there's no evidence beyond a confession, it's crucial to understand that due process is a fundamental right under the U.S. Constitution. Due process means that before being deprived of liberty, a person is entitled to a fair... View More

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1 Answer | Asked in Criminal Law and Constitutional Law for New York on
Q: What are the reasons that a speedy trial can’t happen with a first-degree manslaughter charge?

My husband was charged with second-degree murder. he then went to grand jury testified in the grand jury voted for a nonviolent C felony. A week later, the DA on his case went back to the grand jury, and had them change the vote to a first-degree manslaughter charge. It was said that he could do... View More

James L. Arrasmith
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answered on Mar 19, 2024

The right to a speedy trial is fundamental, but its application can vary based on the specifics of the case, including the charge of first-degree manslaughter. Typically, the right to a speedy trial means that a defendant cannot be held for an extended period without being tried, but several... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Federal Crimes and Immigration Law for Oklahoma on
Q: My sister is a permanent resident and won her criminal case appeal, will she still get deported?

She went ti trial for Appellate Case: 22-6194

• conspiracy to possess methamphetamine with the intent to distribute (21 U.S.C. 8§ 841(b)(1)(A), 846) and

• interstate travel in aid of a drug-trafficking enterprise

(18 U.S.C. § 1952(a) (3)).

She is currently in... View More

James L. Arrasmith
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answered on Mar 18, 2024

If your sister won her criminal case appeal, it generally means that the original conviction has been overturned. However, the presence of an immigration detainer suggests that the Department of Homeland Security (DHS) may still consider her removable based on other factors. Winning a criminal... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Federal Crimes and Immigration Law for Oklahoma on
Q: My sister won her appeal. Will she still get deported for criminal charges she is not guilty of?

She is a permanent resident.

She went to trial for Appellate Case: 22-6194

• conspiracy to possess methamphetamine with the intent to distribute (21 U.S.C. 8§ 841(b)(1)(A), 846) and

• interstate travel in aid of a drug-trafficking enterprise

(18 U.S.C. §... View More

James L. Arrasmith
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answered on Mar 18, 2024

If your sister won her appeal and was found not guilty of the criminal charges, this is a significant development in her case. However, an immigration detainer suggests that the Department of Homeland Security (DHS) has interest in her case due to her immigration status. It's important to... View More

1 Answer | Asked in Criminal Law for New York on
Q: If charged with first-degree manslaughter, do I have a right to speedy trial?
Michael J Stachowski
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answered on Mar 18, 2024

You always have a right to a speedy trial. However you should not rush a manslaughter trial because it needs proper investigation. Your case should be properly prepared for trial. All your witnesses need to be identified and the testimony prepared and ready for trial. A quick resolution is always... View More

2 Answers | Asked in Criminal Law for California on
Q: what do I do if Local PD and Neighborhood watch over surveillance me and harass me and sent me 51/50?

My primary Physican , my back , my company , and my social media has been hacked and I have documentation . What do I do I went to IC3 , FTC and local PD but they sent me 51/50 .

James L. Arrasmith
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answered on Mar 18, 2024

Under California law, if you believe you are being wrongfully surveilled or harassed by local law enforcement or a neighborhood watch, you should document all instances of such behavior. This includes dates, times, descriptions of incidents, and any interactions you have had with these parties.... View More

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1 Answer | Asked in Criminal Law, Family Law and Landlord - Tenant for Texas on
Q: Is this considered assault?

I was renting space on my future mother-in-laws property. Yesterday she was screaming at my fiancé and I went to see what was going on and got dragged into the argument. The mother said I was not a man because I was standing behind my fiance trying to deescalate things and told me to stop being a... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2024

This could be considered a Class C misdemeanor assault under Section 22.01(3) of the Texas Penal Code: "A person commits an offense if the person intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can I go to jail for a registered gun in a open carry state without a permit at work place
Casey Brown
Casey Brown
answered on Mar 18, 2024

According to the new law in the State of South Carolina, a person that is legally able to own a firearm does not have to have a permit to carry a firearm. There are still places that prohibit carrying a firearm on the premises and the workplace would need to provide notice that they do not allow a... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Is it illegal to buy nudes online?

I am a 21 year old struggling porn addict who has purchased online content from onlyfans, and Fansly. But then on Instagram some people steal onlyfans content and market it as their own to scam others and they sell it over instagram and Snap chat. They ask for payment over Venmo, apple pay and... View More

Brent T. Geers
Brent T. Geers
answered on Mar 18, 2024

Your parents are right to be worried. It sounds like you are taking reasonable precautions against being caught up in anything really illegal. However, as you know, the sources you are getting stuff from are not on the up-and-up. A lot of scams happens behind porn because people assume you'll... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: I was arrested last Sept. 22 ,two F 6's, poss. charges. I am, on March 20, 2023, just being arrained. Is this legal?

in Sept of 22, I bonded out of jail two days later on 1200 cash bond. I hadn't been arrained yet at this time. I was gave a paper with a court date for arraignment the following week. The jail messed up, they said, cause the date on the paper was on a Saturday. The jail advised me the... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 17, 2024

The State has 48 hours to have charges filed and probable cause to be determined by a judge or magistrate. Since you bonded out the time requirement no longer applies. The State has five years from your arrest date to file charges.

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