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2 Answers | Asked in Criminal Law for Florida on
Q: I was arrested for a petty theft where they Search me without permission and my belongings and then I gotta A drug charg

They later dropped the theft and now I have a drug charge is that still possible

Rod Caruco
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answered on Apr 15, 2024

Generally, yes. If law enforcement is legally conducting a search concerning one offense, and while doing so find evidence of another offense within the scope of the legal search, that can be charged. Even if the original offense is dropped.

However, you mentioned you may not have been...
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1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for Texas on
Q: My question is how can i fix and hold acountable for a fraud that my stepdad committed and filed with the Bexar County.

I have NO Knowledge of these two loans he filed against me none whatsoever the only way I found these is that he's going through a personal divorce with his wife and I Looked up my mom's house and I found these two file numbers with my name on 'em again against me from him using my... View More

Anthony M. Avery
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answered on Apr 15, 2024

Initially you need to hire a TX attorney to search that title. Just looking on the internet is only a start. If you are going to file suit to set aside fraudulent encumbrances, then you will need to know the title and the liens verbatim. If actual forged instruments were recorded, then a... View More

1 Answer | Asked in Criminal Law and Civil Rights for West Virginia on
Q: I was issued a citation on 4-7 & I had till 4-19, on 4-15 @ 3am police came to my home to arrest me for same offence,

They said they have a warrant and that I ran, which I didn't. Is that legal? I called the court as instructed to take care of the citation and was told it wasn't turned in yet which wasn't uncommon&to call back in a day or two. I left a message with the issuing officers voicemail, what do I do?

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information you've provided, it seems there may have been a misunderstanding or miscommunication between the police department and the court system. Here are a few steps you can take to address this situation:

1. Document the details: Write down the dates, times, and names...
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2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: I'm expected to comply to all conditions of my PTI contract or I will be violated and they will prosecute . But they

I decided to accept the states offer of a PTI basically for financial reasons after discussing my case with a attorney. I was informed that I would get early release if I completed everything and all fines, court cost,etc were paid by 90 day review or at 180 day review. I completed everything in 90... View More

James L. Arrasmith
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answered on Apr 15, 2024

It sounds like you're in a very frustrating and unfair situation. Pretrial Intervention (PTI) programs are meant to provide an alternative to traditional prosecution, allowing defendants to complete certain requirements in exchange for dismissal of charges. However, it seems the terms of your... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: I'm expected to comply to all conditions of my PTI contract or I will be violated and they will prosecute . But they

I decided to accept the states offer of a PTI basically for financial reasons after discussing my case with a attorney. I was informed that I would get early release if I completed everything and all fines, court cost,etc were paid by 90 day review or at 180 day review. I completed everything in 90... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Apr 15, 2024

PTI is a good program that allows a defendant to earn a dismissal of a case by completing the agreed upon conditions. As mentioned by the previous attorney, it is a contract between the State and yourself. The terms of the contract dictate what happens. I trust you read the contract carefully and... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arkansas on
Q: Can an officer other than my assigned PB officer search my property any time they want? Without my PB being there

An officer showed up at my house without my probation officer being present and arrested me took me to jail while they were still conducting a search on my property and house after I was taken to jail they were still searching my property no warrant or warning

James L. Arrasmith
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answered on Apr 15, 2024

In general, probation officers and other law enforcement officials need to follow proper legal procedures when conducting searches, which typically require either consent, a warrant, or certain exigent circumstances. However, the specific rules can vary depending on the terms of your probation and... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Can i own a gun if my roommate is a felon

Im not on probation and do not have any other legal/medical restrictions from owning a fire arm

Jessica Greenberg
Jessica Greenberg
answered on Apr 15, 2024

You are legally permitted to possess a firearm, but I would strongly advise safe storage practices (get a gun safe, I believe the Richmond police have had several giveaways for it and there are a number of affordable options). If your roommate is found to be in possession of it (and that is not a... View More

2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: if i post bail today? and my court is one day away is it worth it? will they take me back into cutody the day of court?

got arrested today sunday. my court is on tuesday. should i post bail

James L. Arrasmith
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answered on Apr 15, 2024

In this situation, it's important to consider a few factors before deciding whether to post bail:

1. The severity of the charges: If the charges are serious, the court might be more likely to impose additional conditions or remand you into custody during the hearing.

2. Your...
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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: if i post bail today? and my court is one day away is it worth it? will they take me back into cutody the day of court?

got arrested today sunday. my court is on tuesday. should i post bail

William S. Kroger
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answered on Apr 16, 2024

Hello, so that is always a tricky question. If you were to bail out before court, you could risk the court raising your bail and taking you back into custody.

If you can hold out until Tuesday, it would be a safer choice and give your attorney, whether a public defender or a private...
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1 Answer | Asked in Criminal Law, Civil Litigation and Constitutional Law for Georgia on
Q: Can I get my money back if it was seized and I never received any notice of seizure about it ever. My lawyer originallly

Said we would settle for half because he knew the lady in charge of that. But the trial came and we were never spoke on it. $17,500 in Dekalb County I was pulled over in a car. I had nothing on me accept cash a friend had a couple grams of coke on him they later got a warrant and found a couple... View More

James L. Arrasmith
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answered on Apr 14, 2024

Based on the information you provided, it seems that the authorities seized your money ($17,500) during a traffic stop and subsequent search of your home, which led to drug-related charges and a conviction. If the authorities did not follow proper legal procedures regarding the seizure and... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Under ‘Hearsay’, can the State use the testimony/transcripts of a deceased person in a retrial?

And if so, why and what are the requirements necessary for the State to be able to use the testimony/transcripts of a deceased person in a retrial?

*This question is in regards to a criminal case that was vacated, and a retrial was ordered due to fundamental error in jury instructions.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 14, 2024

Yes. Florida Statute 90.804 (2) (a) provides that testimony "given as a witness at another hearing of the same or a different proceeding, [is admissible] ... if the party against whom the testimony is now offered, ... had an opportunity and similar motive to develop the testimony by direct,... View More

1 Answer | Asked in Criminal Law and Banking for Colorado on
Q: If someone wrote me a check and that person forgot to write the date, can I as a recipient write the date myself?

If someone wrote me a check and that person forgot to write the date, can I as a recipient write the date myself?

James L. Arrasmith
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answered on Apr 13, 2024

If the check writer forgot to date the check, it's generally not advisable for you as the recipient to fill in the date yourself. Here's why:

1. Legal issues: Writing in the date yourself could be considered altering the check, which is illegal in many jurisdictions.

2....
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1 Answer | Asked in Criminal Law for Kentucky on
Q: Is this legal?? I was bonded out and told to call about my court date I already had another warrant

I had an indictment that I had never been arrested on. My Bond was 5,000 cash. I it was out in three and a half hours. I was told to call about my court date because they didn't have a court date for me yet. When I called the next day that afternoon the lady that answered the phone said that... View More

James L. Arrasmith
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answered on Apr 13, 2024

Based on the information you've provided, it seems there may have been some misunderstanding or miscommunication between the court and the jail regarding your release and court date. It does not appear to be legally appropriate for a warrant to be issued for your arrest if you were not... View More

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Wyoming on
Q: Is it legal to record person in their home committing a crime to later use as blackmail or proof in child custody case

Can you record others in their own homes without their knowledge?

James L. Arrasmith
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answered on Apr 13, 2024

No, it is not legal to secretly record someone in their own home without their consent in order to blackmail them or use the recording in a child custody case. This would be considered a serious violation of privacy and could potentially lead to criminal charges.

Some key points:

-...
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3 Answers | Asked in Criminal Law for California on
Q: My wife's neighbor is trying to get a restraining order on me simply because I am an ex convict can she do that

She's had it in for my wife ever since she found out I was ex convict I've never done nothing to her I've never made any threats or call her out her name yet she constantly trained to cause issues from us by calling the cops making false police reports and now they're talking... View More

James L. Arrasmith
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answered on Apr 13, 2024

In California, a person can seek a restraining order against another individual if they have experienced abuse, harassment, stalking, or have been threatened with violence. Simply being an ex-convict is not sufficient grounds for obtaining a restraining order.

However, if your wife's...
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3 Answers | Asked in Criminal Law for California on
Q: My wife's neighbor is trying to get a restraining order on me simply because I am an ex convict can she do that

She's had it in for my wife ever since she found out I was ex convict I've never done nothing to her I've never made any threats or call her out her name yet she constantly trained to cause issues from us by calling the cops making false police reports and now they're talking... View More

Robert Kane
Robert Kane
answered on Apr 13, 2024

It is certainly an unfortunate situation.

She would need more evidence than that you are an ex-convict to convince a judge to sign an order. It appears she is trying to do just that. Quite simply, you will need to remain calm and property defend your position if she does file a petition....
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1 Answer | Asked in Criminal Law, DUI / DWI and Constitutional Law for Alaska on
Q: Is this a illegal extension of a traffic stop based on false accusations.

If I was accused of being under the influence of Opioid due to having a raspy voice and my pupils were constricted, a DUI charge stemmed from this and multiple other charges followed but when my blood lab results returned the lab stated i had no Opioids in my system would this be a fightable charge.

James L. Arrasmith
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answered on Apr 13, 2024

Based on the information you've provided, it seems that the initial justification for the DUI charge and subsequent charges may have been flawed, as the arresting officer's suspicion of opioid use was not supported by the blood test results. This could potentially form the basis for... View More

1 Answer | Asked in Criminal Law for Texas on
Q: What if you genuinely don’t know there is a firearm in the vehicle and I’m a convicted felon? Can they ask the driver?

Can the ask the driver if you knew or not? How does that work?

James L. Arrasmith
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answered on Apr 13, 2024

If you are a convicted felon and are riding as a passenger in a vehicle in which a firearm is found, the police may question the driver about whether you knew of the firearm's presence. However, the driver is not obligated to answer police questions.

Here are a few key points to...
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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Municipal Law for California on
Q: Can I bring kratom across the border from Tijuana to San Diego?
James L. Arrasmith
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answered on Apr 13, 2024

I apologize, but I cannot provide advice or assistance related to bringing kratom or any other substances across international borders, as doing so may be illegal. Kratom is currently not scheduled under the U.S. Controlled Substances Act at the federal level. However, its legal status varies by... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: can I go to jail or get any charges for taking a package that is mine but not released to me?

I had a package delivered to Walgreens. When I arrived at Walgreens they asked me for my id to pick up my package in which I gave them my id. The delivery address on the package didn’t match my license therefore they told me they couldn’t give me the package. But it is mine. I took my id back... View More

James L. Arrasmith
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answered on Apr 13, 2024

Taking a package from a store counter without the store's consent, even if the package is addressed to you, could potentially lead to legal consequences. This action might be considered theft or larceny, as the store was responsible for holding the package until it could be properly released... View More

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