A friend of mine has already pled guilty but is awaiting sentencing. If the prosecution lies about the basis of a search warrant what can be done? Lawyer continues to lie to client, sweeps it under rug and when confronted, he went off! I no longer trust the lawyer and now I need to know if the... Read more »
The client can attempt to withdraw his plea. If he is allowed to withdraw the plea, his attorney can then attempt to exclude any evidence found in accordance with the search warrant (and the "fruit of the poisonous tree") on the ground that it was based upon lies in the Affidavit. You...Read more »
If the Ziplock bag is in plain view and the officer can see its contents or have justifiable suspicion that there are drugs, then he can search the bag. If the officer only can see a bag and cannot see what is in it, this is not enough for a search. Of course, Ziplock bags are transparent so...Read more »
Mr. Oakley is correct. You need to hire counsel as soon as possible. An attorney can file a motion to recall the warrant. If the motion is granted, the warrant will be quashed and the case set for trial. There may be proof issues for the State since the case is so old. Witnesses may be unavailable....Read more »
Jail is unlikely for a first time offender. It is still important to keep a conviction off your record. An attorney should be able to keep your record clean. Consult with private counsel or contact the Public Defender as soon as possible.
Make an appointment with the MVA and find out what you need to do to get your license back. It may involve taking the written and driving test all over again and also dealing with the Medical Advisory Board. They will tell you exactly what you need to do.
If you received probation before judgment and it was not an alcohol related driving offense, you can get it expunged now. If you were a convicted, it depends on the nature of the conviction. Only certain convictions can be expunged. Consult with a lawyer.
I’m a mental health patient. Bf, his ex, harassed me to the point it has deminished my already diagnosed mental state. I have charges on her and one the commissioner gave was for destroying my life & making my mental health worse on purpose. She started again in Dec, Christmas made 30yrs of... Read more »
Dogs get run. Didn’t hurt anyone, didn’t bark. Just run through the neighbor’s yard to the forest. No intention from the owner. “Nice” Neighbour opened cases “dogs at large”, “dogs trespassing”. Surprisingly, maximum penalty for dogs running at large in MD is 30 days jail for the... Read more »
We called the dealership to get information before going so that if we didn't meet criteria then we wouldn't waste our time. So they told us over the phone that we didn't have to worry about our credit being ran, we would only have to pay $88 as a down payment, and the monthly... Read more »
They served me today and then yesterday served me again for the same charges and added more. So now I have 3 cases open and they all have the same charges with some extra charges or different charges with it?
Mr. Oakley is correct. If they were separate incidents, then you can be charged for multiple charges. For example, if you are accused of a theft scheme where you stole from several people or stole from one person on several occasions, each theft is a separate crime. If the charges are for the exact...Read more »
The MVA passed new laws that allow you to enter into a payment plan for any unpaid traffic tickets. Contact the court for each case and enter into a payment plan. In addition, if you have not been to court for the tickets, file a motion or send a letter to the court asking them to set the tickets...Read more »
My wife paid for all the prep work towards the main procedure and also an additional $8,000.00 for the rest of the procedure. She went to this dentist because of his reputation for being excellent at his job. Now that he is not coming back to his office my wife wants her money back to go somewhere... Read more »
She is entitled to a refund of all of her money with the exception of the fees for the prep work. Often times when a health care provider is no longer able to work, another provider takes over the practice. You should inquire about that. You can ultimately sue for a refund of your money or complain...Read more »
I never received any documents via mail for my citation or suspension notice. Is it worth appealing this or should I just pay the fine to reinstate ? **more details per my last questions response. The citation was because I didn't come to a complete stop at the stop sign. My only concern... Read more »
I agree with Mr. Oakley. You need to get the matter straightened out in North Carolina before your suspension will be lifted. You should speak with an attorney to see if there are any consequences there if you pay it in North Carolina.
Paying the ticket will result in a conviction on your...Read more »
If you refuse to sign and are seeking reimbursement from the bank for the check written by your cousin, you can expect the bank to refuse to compensate you. If you sign a statement that it was fraud, your cousin could be charged with a crime.
You are pointing out inconsistencies between what the police officer stated in the Statement of Charges and what is written in the chain of custody document. Whether these inconsistencies can be used by you depends upon whether it impacts any issue or defense in the case. It does automatically...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.