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Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Texas on
Q: Can a person who is in unlawful carry of a weapon claim self defense? what is the unclean hands doctrine mean?
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Sep 26, 2022

You could claim self defense but you can't be the aggressor

1 Answer | Asked in Criminal Law for California on
Q: Can I be charged as a party to theft because I was in the vehicle with the person who stole merchandise from a retailer

I did not know that this person had intentions of stealing. I was done so I went out to the car to wait for them. A week later, I receive a voicemail from a detective asking me to call him back about questions he has for me. The other person involved was told that they have 30 days to turn... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 25, 2022

You should immediately contact a criminal defense attorney who can advise you of your rights. There are many attorneys who advise persons under criminal investigation. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... Read more »

1 Answer | Asked in Criminal Law for California on
Q: I need some advice my husband should be home already took several laws that just passed

My husband has a 10-year sentence he has serve 6 years of that 10 he got five for a strike enhancement and one for a prison prior and four years for the crime he committed I believe law sb483 should have him home already tell me what I can do to get him out I need a pro bono lawyer do you have any... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 25, 2022

The department of corrections can give you his release date. Good luck. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and White Collar Crime for Texas on
Q: How can I get a transcript of court proceedings in 1991 in Bell County Tx.? Also a copy of conviction in it's entirety i
Stephen A. Nicholas
Stephen A. Nicholas
answered on Sep 25, 2022

To obtain a transcript, contact the court reporter if the court in which the case was heard. That would be the starting point for the transcript. 31 years is a long time to retain a transcript, depending on the type of case & what happened in the case (appeals, etc.). A copy of the conviction,... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: In Mississippi. how long does the state have to indict on felony Fleeing? I was arrested Dec 2020. 50k bond. No hearing
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Sep 25, 2022

Typically, once the State arrests someone, there is no set amount of time before they can present the case for indictment; however, the more time that goes by, the greater the likelihood of there being an argument that the case should be dismissed due to lack of a speedy trial, particularly if... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: How long do they have to indict you in the state of Mississippi if you are still being held with no bond
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Sep 25, 2022

Typically, once the State arrests someone, there is no set amount of time before they can present the case for indictment; however, the more time that goes by, the greater the likelihood of there being an argument that the case should be dismissed due to lack of a speedy trial, particularly if... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: If I have a gun charge am I eligible?
Mark Oakley
Mark Oakley
answered on Sep 24, 2022

Eligible for what?

1 Answer | Asked in Car Accidents, Personal Injury, Criminal Law and Domestic Violence for Florida on
Q: If someone throws a rock at your car in florida can you legally shoot back?

In florida throwing a rock at someones car is projecting a deadly missile. My question is if someone throws something at your car in a road rage incident that can injure you or your passengers is it legal to shoot back (stand your ground law). I need professional legal advice from someone who knows... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 24, 2022

Your question is vague as to the timing of the events, as well as the specific danger posed by the rock-thrower. You may "stand your ground" with reasonable force that is necessary for self-defense - that is, to stop an ongoing attack that may cause death or great bodily injury to you.... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: My niece is on parole and claimed this as her residence when released how do I remove her from my home

I didn't give my niece permission to live here and now I've got problems with her behavior parole board is coming to search premises because I've complained about her being here. I'm not equipped to care for financially or otherwise to have her here shes aggressive, difficult,... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Sep 24, 2022

Unfortunately, if she has been staying there for over 30 days, you will have to evict her or make a claim that she is violating her parole conditions. If you do the latter (Parole Vio.), she will go back to prison.

Maybe you should tell her she had better find a new place, or face a...
Read more »

3 Answers | Asked in Criminal Law and Personal Injury for California on
Q: What are the laws against store employees touching you for shoplifting

I was shoplifting at a local grocery store. I walked out and immediately was grabbed from behind,pushed,cursed at,hit ,my personal belongings taken from me and they refused to give it back. They also destroyed my personal property and ripped my shirt. There were 2 bigger men and one woman and none... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 24, 2022

Generally, a person or company can use non-deadly force to defend their property. This can include restraining you. In addition, stores in California enjoy what is called "shopkeeper's privilege." Under California law, the principle of shopkeeper’s privilege permits shopkeepers (or... Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: If the prosecutor missing something out your discovery, can that get your case drop and do you no about the hick law
Mark Oakley
Mark Oakley
answered on Sep 24, 2022

Unlikely. If the prosecution fails to disclose something they may be precluded from using it at trial, or they may be compelled to produce it, and the defendant may have grounds to request a postponement to prepare their case based on its late production, or a new trial might be ordered if the... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: If I bring my prescription into court on my court date will the judge verify that it is actually mine

Or will they just visually see that it has my name and information on it and if it is expired medication yet still mine I am able to possess that still correct.

Thomas M. Fleming
PREMIUM
Thomas M. Fleming
answered on Sep 24, 2022

I’m not sure why you want to bring in prescription medication into court but I will presume it is to provide evidence of legal possession (versus illegal possession) of a drug. This can be a very perilous act, and can backfire in many different ways. Please first consult with your lawyer (or if... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: Is it better to hire an attorney or use a public defender?
Gregory Abbott
Gregory Abbott
answered on Sep 23, 2022

Public defenders are notoriously over-worked and able to devote limited time to each client. A private attorney works for you and will put in as much time as they believe necessary, assuming you can afford to pay them.

The big issue is if you can afford a private attorney, you should not...
Read more »

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Puerto Rico on
Q: In Puerto Rico, is it considered kidnapping if a married spouse refuses to return to the island with their child?

Address Loiza, PR. I am married & when traveling back to Florida, I chose to leave my husband, he new of the trip to visit my adult son & he purchased our tickets. Due to years of emotional abuse & an irreconcilable relationship. I have our 9yr old daughter with me, she is homeschooled... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 23, 2022

Under normal circumstances, the illegal deprivation of custody is considered a misdemeanor (Article 121 of the Puerto Rico Penal Code); and occurs when a parent is denied the custody of a child. However, it is considered a felony with a fixed jail term of eight (8) years when the minor is... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: My fiance is 66 and disabled and has serious health issues. Is there any way I can get him medically released from jail

My boyfriend health issues are as follows. High Blood Pressure, COPD,Severe Back and knee problems, Arthritis, Sleep Apena and Congested Heart Failure. Is there any way he can get medically released because of his health

John Cucci Jr.
John Cucci Jr.
answered on Sep 23, 2022

MRIS is a program in the texas department of Corrections that allows for screening and movement into a more medically intensive environment for a prisoner. There is a process to get evaluated and then the Doctors and /or administrators decide what measures of care and/or even release, would be best... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Mentel health issues and strangulation charges
Timothy Denison
Timothy Denison
answered on Sep 23, 2022

What is your question?

2 Answers | Asked in Criminal Law for Minnesota on
Q: I’m been charged with a felony assault charge; and the prosecution is considering reducing charges.
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 23, 2022

There isn't a question here. Call an attorney directly to have a discussion about what issues you are dealing with.

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1 Answer | Asked in Criminal Law for Maryland on
Q: What is Maryland statue of limitations on a misdemeanor criminal citation for possession of cds not Maryjane

We got pulled over on February 8th 2022 I was giving a misdemeanor criminal citation and released from the spot we got stopped since then I never received a preliminary hearing and I haven't been sent a court date think it's a year that Maryland has to charge me or dismiss my charges?... Read more »

Mark Oakley
Mark Oakley
answered on Sep 23, 2022

The citation is the charge, and that meets the statute of limitations for charging you after the date of the offense. The issue is whether your speedy trial right under the Constitution has been violated, and the answer is not found in a clearly stated number of days, but has to do with a weighing... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Scott I did check Maryland judicial case search and nothing was there no preliminary nor court date

Why I wondering what the statue of limitations in Maryland was on the criminal citation for possession of cds not Maryjane that all I ever received when we initially got pulled over and released like I was saying that was in February 8th 2022 how much longer do they have before they have to dismiss... Read more »

Scott Scherr
Scott Scherr
answered on Sep 23, 2022

Once you are served with the criminal citation, this complies with any statute of limitations that may apply. There is no statute of limitations defense in your case if you were issued a criminal citation.

There is a speedy trial issue. You have a constitutional right to a speedy trial....
Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Need advice on the statue of limitations in Maryland on a misdemeanor criminal citation that I received on Feb 8th 2022

The misdemeanor criminal citation was for simple possession of cds not Maryjane we got pulled over they did a search gave both me and the driver the same criminal citation with same charges the driver received the preliminary hearing date and recently went to court after receiving a court date... Read more »

Scott Scherr
Scott Scherr
answered on Sep 23, 2022

The statute of limitations has been satisfied once the citation was issued. You have a potential speedy trial issue. However, you must assert the right to a speedy trial in writing to the court.

A preliminary inquiry merely tells the Defendant of his right to counsel. You should check...
Read more »

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