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Questions Answered by Richard W. Noel
1 Answer | Asked in Criminal Law for Indiana on
Q: If a defendant doesn't accept a plea deal to felony charges, can he change his mind and accept before the trial date?
Richard W. Noel
Richard W. Noel
answered on Mar 15, 2022

It depends on the terms of the agreement. They often have an expiration date. Also, in my jurisdiction, if one turns down a plea offer, they likely won't get another and if they do, it's usually a lot worse for them. Unfortunately one does not have a constitutional right to a plea offer.

2 Answers | Asked in Criminal Law and Federal Crimes for Ohio on
Q: What happens if ur not Mirandized and warrant and parole officer were called/issued hours after being booked?

They are serious drug charges and this is his 4th time around but that shouldn't matter, I'm thinking that's what Miranda rights are to be read is so people remember their rights.

Richard W. Noel
Richard W. Noel
answered on Mar 15, 2022

If a person isn't properly Mirandized, an attorney can argue to have any statements made during the questioning suppressed. That's not the same as a dismissal. If a person is on parole, they have a much less diminished expectation of privacy when it comes to searches. Finally, warrants... View More

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1 Answer | Asked in Criminal Law and Traffic Tickets for Florida on
Q: Where does a open container have to be placed in a vehicle to constitute probable cause for search of that vehicle?
Richard W. Noel
Richard W. Noel
answered on Mar 15, 2022

The short answer is "in plain view." If it's in the trunk or under the seat, the officer isn't going to find it at a glance, to get probable cause.

1 Answer | Asked in Criminal Law for Nebraska on
Q: I'm a felon and I was pulled over and had my sons air riffle in my backseat.they charged me with possession and transpor

Does that make a difference? I don't want to end up back in federal prison for a air rifle.can you please help

Richard W. Noel
Richard W. Noel
answered on Mar 14, 2022

You need to speak with your attorney about this. They're the only ones who can review the evidence and give you guidance. Good luck.

1 Answer | Asked in Domestic Violence, Criminal Law and Civil Rights for Indiana on
Q: if a domestic violence case is dismissed, can I still buy and own firearms or are there restrictions or waiting periods?

Protective order vacated and the case is fully dismissed as of 12-18-2021

Richard W. Noel
Richard W. Noel
answered on Mar 14, 2022

If the case is dismissed, you're likely good to go. However, you won't know until you try.

1 Answer | Asked in Criminal Law and Traffic Tickets for Arkansas on
Q: My husband was late for court today he was supposed to be there at 9 this morning and then at 1 this afternoon but late
Richard W. Noel
Richard W. Noel
answered on Mar 14, 2022

what's your question? If he showed up to court, he'll likely go in front of the judge for the hearing, despite being late.

1 Answer | Asked in Criminal Law and Constitutional Law for Mississippi on
Q: If the court does not allow me to challenge the grand jury In Mississippi doesn't that infringe on constitutional right.
Richard W. Noel
Richard W. Noel
answered on Mar 13, 2022

No. There's no constitutional right to challenging a grand jury. Your constitutional right is a finding of probable cause before charges against you can proceed. That's the job of the grand jury. There may be a mechanism in your jurisdiction to challenge. In mine, it is very difficult and... View More

1 Answer | Asked in Criminal Law for Kansas on
Q: I got pulled over for traffic violation searched my car found drugs I was arrested cause I locked keys in my car the

And they said they were searching it anyways is that legal

Richard W. Noel
Richard W. Noel
answered on Mar 12, 2022

There's not really enough information to give you any real advice. However generally a traffic stop by itself does not allow an officer to search your vehicle unless he sees, hears, smells something that rises to probable cause. If you had something in plain view, that's enough. Otherwise... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: We’re my rights violated and can I beat this case

I was a passenger, had just gotten off of work. We had been pulled over because the drivers tags didn’t match the vehicle. I had no idea about it. They got my I. D. And ran both our names. Both clear. Then they came back to the vehicle and told us they were gonna do a search of the vehicle. As I... View More

Richard W. Noel
Richard W. Noel
answered on Mar 12, 2022

I can't speak to your jurisdiction specifically, but fictitious plates on a car arguably give an officer probable cause to search the vehicle. However you need to speak with your attorney who can try to help you with a defense or suppression motion. Good luck to you.

1 Answer | Asked in Criminal Law for Georgia on
Q: Hi,I'm a disabled woman looking for legal advice for my fiance he is currently incarcerated w/o bond traftraffickimeth

Charges for trafficking / methamphetamine. He is falsely accused of this charge has a court date march23 need to know what advice you can provide for me

Richard W. Noel
Richard W. Noel
answered on Mar 12, 2022

I suggest if you speak with him, have him request appointment of an attorney at his next court hearing, or hire one if you can afford it. They will be able to help him with a defense. Since you're not an attorney, you're likely not going to get much information from anyone regarding the... View More

2 Answers | Asked in Criminal Law for Louisiana on
Q: Can I be arrested or charged for this??

My recent roommate was being evicted and she had some guns that she said were her late boyfriends and she asked me to take them to a pawn shop because she has a criminal record and couldn't pawn them she said. I did and later found out they didn't belong to her and the person they did... View More

Richard W. Noel
Richard W. Noel
answered on Mar 12, 2022

I suggest hiring an attorney if you're contacted by police. Don't make any statements to them or anyone else if you are. Also, if she's not able to possess the guns, I doubt she's going to call the police and report it. That would put her in direct violation of law. In the... View More

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1 Answer | Asked in Civil Litigation, Consumer Law, Criminal Law and Elder Law on
Q: I need a PRO BONO LAWYER FOR ELDER LAW IN HARRISBURG AREA>It involves Breach of Fiduciary Duty over 5 years.

I've done all the leg work but need a Pro Bono lawyer before I go to AG. office. They should be versed in Civil Rights

Richard W. Noel
Richard W. Noel
answered on Mar 12, 2022

You are going to have a hard time finding a pro bono attorney who can afford to take the time to work your case. Most of us have mouths to feed and can't afford to spend a hundred hours of case work for free. However there may be organizations in your area that can provide no or low-cost legal... View More

1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Arkansas on
Q: In December of 2021, my child’s father and I were doing a drop off. During which..

I asked him why he was not answering any of my calls/text regarding our child. He decided to flip the switch and play victim. “I don’t have to speak to you.” Okay but we have a child together. There is no reason for us to be bitter and fight. The conversation turned bitter and he finally... View More

Richard W. Noel
Richard W. Noel
answered on Mar 12, 2022

Yes. At the end of the day, it's up to the prosecutor whether charges against you proceed. A victim's wishes are only part of the equation. You're also admitting to assaulting the victim on a public website. Not recommended. I do suggest you speak with an attorney in your area who... View More

1 Answer | Asked in Criminal Law for Connecticut on
Q: If I have proof that I was told she was 18 before we slept together does that not give me any defense atall???
Richard W. Noel
Richard W. Noel
answered on Mar 8, 2022

It's a classic situation where she might have even showed you a fake ID. Doesn't matter unfortunately. Might help with a plea deal though. Speak with your attorney. Good luck.

3 Answers | Asked in Criminal Law, Traffic Tickets and Juvenile Law for Louisiana on
Q: If you go to arranment and plead not guilty can the judge tell you to instead talk to the da instead

My 18 yr old son& a friend were in a 1car wreck hit a culvert. The police came to seen both boys where out of car. Driver failed breathalyzer was placed under arrest. Then they turn to my son& give him 2 tickets one for no seatbeltthen then minor in position of alcohol catch is there was... View More

Richard W. Noel
Richard W. Noel
answered on Mar 8, 2022

it's pressure from the prosecutor to settle the case early. Yes, it's legal. But not fair. Unfortunately your son needed to speak with an attorney who could review all of the facts available and help mount a good defense. Simply pleading NOT GUILTY and telling the DA you'd consider... View More

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2 Answers | Asked in Criminal Law, Real Estate Law, Elder Law and Probate for Tennessee on
Q: Can a warranty deed have paragraphs that don’t line up and copy lines

Warranty deed looks homemade from mother to husband and refinanced on same day 2 diferant insurment # now he’s tring to sell I’m her daughtery’ need stop all property

Richard W. Noel
Richard W. Noel
answered on Mar 8, 2022

if the Deed meets the requirements of your state, it may be found valid. However that's assuming all of the signatures are authentic. If you feel there may be some wrong doing, I suggest speaking with an attorney in your jurisdiction who may be able to help you ensure your mom's rights... View More

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1 Answer | Asked in Criminal Law for Washington on
Q: I can't get my felonies expunged (19 yrs ago) cause I owe fines. Is there a way around that with statue of limitations?

It's about $5k and never received a bill or a notice or anything.

Richard W. Noel
Richard W. Noel
answered on Mar 8, 2022

Not usually, no. Generally court fees and fines will follow you. Best to find a way to pay them or see if your court is willing to put you on a payment plan.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Legal Malpractice for Arizona on
Q: If I and two others are arrested and I ask for a disclosure is it not my right to have the entire disclosure

By entire I mean audio and visual from statements given by each person arrested with me that is mentioned in the disclosure.

Richard W. Noel
Richard W. Noel
answered on Mar 2, 2022

You're entitled to basic disclosure and anything that may be exculpatory in nature. Including statements made by co-defendants. Your attorney needs to ask for everything.

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: How many years can the da go back on historical priors
Richard W. Noel
Richard W. Noel
answered on Mar 2, 2022

10 years from the date of commission for F2 and F3, 5 years for F4-6.

1 Answer | Asked in Criminal Law for Arizona on
Q: Please help I'm being misrepresented by an attorney for my criminal case and it's damaging to My outcome and sentencing
Richard W. Noel
Richard W. Noel
answered on Mar 2, 2022

Unfortunately you don't have a question posed. However you're free to fire your attorney at any point and hire a new one. Many, myself included, will consult with you at no charge. Good luck to you.

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