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1 Answer | Asked in Criminal Law and Health Care Law for Kentucky on
Q: In Kentucky, if a patient decides to leave AMA (against medical advice) does law enforcement need to be notified?

If that patient has an IV catheter in place when they leave the hospital, does local law enforcement need to be notified?

Timothy Denison
Timothy Denison
answered on Jan 30, 2023

Not necessarily. Depends on whether they are a danger to themselves r others.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Indiana on
Q: What can I do if the judge and refused to let my husband show innocence and refused to let him speak at all in court

My husband was charged with a crime and the judge and prosecutor refused to let him show any proof of innocence at all and never once let him speak in court?? He got sentenced to 5 years and he has all the proof including a polygraph test given to him by a private investigator and 11 witness... Read more »

James A Hanson
James A Hanson
answered on Jan 30, 2023

Unfortunately, at this point there is a judgment of conviction and the time to appeal has passed.

There is clearly a lot to this situation that you did not and should not share on this public forum. You need to discuss the possibility of Post-Conviction Relief with a new attorney to see if...
Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Is it typical to do a rape kit on a person struck and killed by a car?
James A Hanson
James A Hanson
answered on Jan 30, 2023

Every criminal investigation is unique because the facts and circumstances of each case are different.

Is it TYPICAL for law enforcement to do a rape kit in this situation... No. Are there circumstances in this specific case that may have prompted them to do a rape kit.....Maybe....
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1 Answer | Asked in Consumer Law, Criminal Law, Lemon Law and Small Claims for Indiana on
Q: Can you be charged with theft if the person received their items back?

I was at work as a CNA I was told to take care of this one patient in particular because her daughter comes in complaining all the time where as another patient needed more care so I took care of the patient with the complaints and did the rest of my patients at some point I had to pick up a phone... Read more »

James A Hanson
James A Hanson
answered on Jan 30, 2023

All the State needs to file charges is probable cause that at a particular moment in time you took the phone with the conscious intent of depriving the rightful owner of its use or value. A classic example is someone who gets caught at the door shoplifting. Even though all the items are recovered... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: A warrant for a cell phone is the warrant supposed to state exactly what is being searched for what about Facebook?

Is a person supposed to be named in a social media or cell phone search

Jason R Wareham
Jason R Wareham
answered on Jan 29, 2023

In general, a warrant should reasonably describe the location to be searched. When it comes to online material, a lot of identifiers can reasonably describe the location (e.g., account name, account link, profile like, cell number, username, etc.). Not necessarily a name.

1 Answer | Asked in Criminal Law for New York on
Q: If I'm an hour late turning myself in for my weekend. What will happen

I'm in ny

Stuart Austin
Stuart Austin
answered on Jan 29, 2023

Maybe nothing. They may also refuse to take you. They will probably, however, notify the court. You should notify your attorney so that he can notify the court before the problem arises.

1 Answer | Asked in Criminal Law for Kentucky on
Q: I had a possession of controlled substance charge in Logan County Kentucky. I accepted a plea deal

My plea deal was 3 years probation and no treatment. My public defender told me if I went to trial I would be convicted. After doing some research of my own I have found evidence that I shouldn't even have been charged with possession. Me and one other person were charged with possession but... Read more »

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 29, 2023

You cannot withdraw your plea unless it’s very close in time to the plea itself and before you are sentenced. The only option you would likely have after pleading guilty is what’s called an 11.42 motion. That’s ineffective assistance of counsel. You would have to prove that your counsel made... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: I was let go on self-defense how long does the police have to make a decision on if I’m going to be charged or not?

I was never arrested, I was taken in for questioning and was let go the same night. I didn’t have to bail out.

Jonathan Blecher
Jonathan Blecher
answered on Jan 29, 2023

Prosecutors will make that decision.

2 Answers | Asked in Criminal Law for Texas on
Q: If someobe gets pulled over and goes to jail for a violation of probation warrant

And the arrest is in a different county. How long can that county hold that person for

John Cucci Jr.
John Cucci Jr.
answered on Jan 28, 2023

In Texas, if you are arrested on the warrant from a different county, the arresting county has at least 10 days to hold you if you were arrested on a "Bench Warrant" for a probation violation or similar issue. There are many different reasons that the 10 days could be extended.... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: My husband was forced into taking 9 years due to a threat of 25- life and his co defendent was able to have the case dis

Dismissed due to evidence being lies what can my husband do because now his charges have been charged 3g

John Cucci Jr.
John Cucci Jr.
answered on Jan 28, 2023

If your husband pled guilty within the past 30 days, he may be able to withdraw his plea if properly requested to the court. If his guilty plea was based on coercion, or other violation of his constitutional rights, the plea could be reversed or undone, if properly filed and pled by Motion or by... Read more »

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1 Answer | Asked in Criminal Law and Land Use & Zoning for California on
Q: is it illegal to jump someone's front yard fence for just a few seconds
Dale S. Gribow
Dale S. Gribow
answered on Jan 28, 2023

yes

you are trespassing, which can be civil or criminal.

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and DUI / DWI for North Carolina on
Q: In North Carolina does the state have the right to appeal a DWI case to Superior Court.

District Judge dismissed and suppressed the arrest of a DWI case because arresting officer violated defends 4 amendment rights by arresting defendant inside his home with no probable cause and no search warrant.

Nick Benjamin
Nick Benjamin
answered on Jan 28, 2023

yes, they can appeal if it’s motion to suppress.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Minnesota on
Q: i was pulled over because of an anonymous tip.

the tip said a drug deal would be happening at my place of employment at 2 involving a blue truck and black jeep. i drive a red truck. on my day off at 230 i stop by work and talk to a coworker. upon leaving i get pulled over because he believes i was involved in a drug deal and asked if they can... Read more »

Sarah Gad
Sarah Gad
answered on Jan 28, 2023

Generally speaking, if a police officer has probable cause to believe that a car has drugs or other contraband, then they are permitted to stop the driver of that car and search it without a warrant. This means that they can temporarily detain you and bring in K9 dogs, etc. while they search... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: Sent judgment letter to defendant in permanent housing. He returning it to my lawyer after 6 days is that a good sign?

The certification tracking says return to sender which is my lawyer address

Dale S. Gribow
Dale S. Gribow
answered on Jan 28, 2023

THERE IS NO WAY TO KNOW WITHOUT MORE INFO.

THIS IS A QUESTION BEST ANSWERED BY YOUR LAWYER, WHO HAS ALL THE FACTS.

1 Answer | Asked in Criminal Law for Minnesota on
Q: What are the proper steps/rules for collecting video evidence and where does the chain of command begin?

A friend of mine is being charged for breaking into a storage facility after hours on camera. The video being used against him is known to have been collected by at least 2 different employees and transferred to a flash drive which investigators didn't pick up for 3 weeks. The prosecution only... Read more »

Sarah Gad
Sarah Gad
answered on Jan 28, 2023

The chain of custody typically starts once information is handed off from store employees to law enforcement. However, the chain of custody can include store employees who are either store detectives or security, or some type of asset protection specialist. Most major retailers have their own... Read more »

1 Answer | Asked in Criminal Law for Minnesota on
Q: What is required in a foundation to authenticate video evidence at trial?

Defendant is claimed to be on video breaking into storage units. The video evidence was collected and burnt onto a flashdrive by 2 of the facilities employees. Employee A saw the video for the first time and is the one who reported it to police, Employee B. Physically collected and burned the video... Read more »

John Michael Frick
John Michael Frick
answered on Jan 28, 2023

The typical foundation question for a video is: does this video recording “fairly and accurately depict” the area being recorded on __ date.

The sponsoring witness must be someone familiar with the area being recorded on __ date.

3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Florida on
Q: Can I sure for wrongful arrest if charges were dropped ? “No le contest” i believe is the term .

Back story - I called the cops about a man threatening me with a gun in Tampa fl . I waited outside in my friends car. The police approached me and instantly the male officer began harassing me and charged me with dui and took me to jail . They dropped the charges after viewing the body cam because... Read more »

Kevin John Mawn
Kevin John Mawn
answered on Jan 27, 2023

It is best to consult with a civil attorney who handles this type of claim.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can you have evidence suppressed at the time of trial in Minnesota

The public defender on this case is completely useless, he waived the omnibus hearing and probable cause hearing, jury trial is only a week away now and I need to know if video evidence can be suppressed at the time of trial if the authenticity can't be verified by the prosecution?

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 27, 2023

The defense could challenge the authenticity of a video (is it what the proponent says it is) just before the trial starts, in a "motion in limine" or as an objection to it's admission into evidence during the trial. It would be helpful to have some evidentiary basis for doing so,... Read more »

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Is the prosecution required to provide at trial every person with access to video footage evidence?

My friend is being charged with breaking into a storage facility on camera. Not only did it take 3 weeks for the police to be given this video but there's proof that an individual not listed on the witness list was in control of the video prior to police getting a copy. Is the prosecution... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 27, 2023

In Minnesota courts, the prosecution would not be required to call as a witness for examination at trial every person with access to video footage evidence. However, the defense could potentially subpoena those witnesses, to come testify. (Though that does not mean this would necessarily be a... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: Do I have to appear at a pre-trial for a subpoena I got in the mail?

I'm a victim in a domestic violence case but want the case dropped. I was not served the subpoena but got it in the mail. I've heard from other people that I do not have to appear but I do not want to be in contempt.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 27, 2023

Getting it in the mail is service of the Subpoena. You should appear.

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