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1 Answer | Asked in Criminal Law for Ohio on
Q: If I was charged with trafficking, conveyance, agg trafficking and an inmate is charged with complicity how can the

How can the inmate argue standing in his motion to suppress

Matthew Williams
Matthew Williams answered on Sep 24, 2021

Facts are everything on a motion to suppress, but in a conveyance situation it's reasonably likely the inmate does not have standing. You and the other party involved need to be discussing this rather serious case privately with attorneys so you can go over all the facts and the law to find out.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Arizona on
Q: We’re separated, house is titled in one name. Both parties clearly have a financial interest in the house.

We were separated physically, but not yet legally. Can the spouse sell/refinance the house without the other persons knowledge? And conceal that they did that and hide the money? Criminal theft? Fraud? Domestic violence is also an issue. He took $88K

Mike Branum
Mike Branum answered on Sep 24, 2021

You need to file for divorce and either you or your counsel will need to carefully review all financial documents disclosed. Not sure why the house is only "titled in one name." If that means that the house was a premarital asset or that you signed a quit claim deed surrendering your... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Does accepting pretrial diversion preclude me from suing police in civil rights case

I was arrested for first time in my 61 yrs for assault of police, resisting arrest, and disorderly conduct. I had called 911 after being the victim of road rage and simply ask police to put on their masks due to COVID. I was injured in arrest and refused medical care. That evening after released... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 24, 2021

From your facts I do not see a §1983 cause of action. But Diversion is usually the best disposition. Prior to the plea you will want to talk to an experienced attorney who knows how to file a Government Tort Liability Action. Again I would not file the suit as it is not a perfect... Read more »

1 Answer | Asked in Criminal Law for California on
Q: In California can a doctor over rule a parole officer on medication wise

Like if it's a concern for patient health and safety can they tell you to stop taking medication

Dale S. Gribow
Dale S. Gribow answered on Sep 24, 2021

more info is needed.

have your lawyer go back to court to move that the judge revise his ruling to be consistent with the doctors.

2 Answers | Asked in Criminal Law for New Jersey on
Q: Would it be a conflict of interest if a lawyer was representing a client and came into information that a former

client may be involved in the case?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 24, 2021

Yes it could be a conflict of interest, but it would depend on the facts of and circumstances that are involved.

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1 Answer | Asked in Criminal Law, Landlord - Tenant and Patents (Intellectual Property) for Arkansas on
Q: So if I was homeless and know of a home thats empty and been empty for years can I squat in it and make ot mine ? If so
Kevin E. Flynn
Kevin E. Flynn answered on Sep 24, 2021

This question was routed to patent attorneys that work with inventors. That is not the right group of lawyers to answer this. It does not sound like landlord-tenant either.

In real estate law there is a little used provision called adverse possession that was left over from a much...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Can arrested still be on records even if it was dismissed and still after two years???

I was once arrested in Fort Stewart, GA but the case was dismissed. I have 3 background checks currently pending, my Secret clearance, Security G license, and to background for my weapon. Is this possible after two years to be on my records?

Jermario L Davis
Jermario L Davis answered on Sep 24, 2021

The short answer is yes. Often times when this happens, you must file a petition to restrict/expunge the arrest. Now that the laws have been changed, when a case is dismissed, the restriction is usually automatic. However, if you have an older arrest from several years ago, it may still show.

1 Answer | Asked in Criminal Law for Georgia on
Q: If on felony probation and I get a new charge, can I get a bond?
Jermario L Davis
Jermario L Davis answered on Sep 24, 2021

There is no law that states that you may not receive a bond if on felony probation at the time of the new charge. In my experience, many judges will place emphasis on the new charge. Specifically, whether it is a felony or misdemeanor. Also, many magistrates will deny bond as a matter of course... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: In Illinois, By law can a judge that signed a search warrant preside over the same case in trial?

Specifically asking about this law in question as it reads :

(725 ILCS 5/108-4) (from Ch. 38, par. 108-4)

Sec. 108-4. Issuance of search warrant.

(a) All warrants upon written complaint shall state the time and date of issuance and be the warrants of the judge issuing the... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 24, 2021

It appears that would be perfectly lawful based on the statutes and the sworn affidavit sating the legal need for such.

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Civil Rights for Texas on
Q: Can I do anything about DA submitting a court doc with my personal info that is public if I am under witness protection?

I am under witness protection due to being victim of aggravated assault with a deadly weapon but DA has shared the witness list which is now public information online. This is also shared with the defendants lawyer. The list shows my name & address. Is there anything I can do? I've tried... Read more »

John Cucci Jr.
John Cucci Jr. answered on Sep 23, 2021

Your situation seems terrible.

Witness protection can have different meanings and different levels of protection. The DA's office should have a "victim's advocate" or something similar. It is usually the task of that unit or person to handle your concerns. If that is not...
Read more »

2 Answers | Asked in Criminal Law for California on
Q: I have a friend who is on parole but doesn't want to take his medication due to health concerns, is there a legal way

His medicine is starting to cause hallucinations and hearing things but his parole officer still wants him to take them. Is there a legal way for him not to take them

Dale S. Gribow
Dale S. Gribow answered on Sep 23, 2021

more info is needed.

however, if I was him, I would contact the lawyer who represented him to see if he can put the matter on the calendar to ask the judge.

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1 Answer | Asked in Criminal Law for Louisiana on
Q: I was involved in MVA in 2008. It left me disabled. I did get a first time offenders pardon, but I need am expungement.

It will cost me $2100.00

I get SSD of $1400.00. I have my daughter and her 3 children living with me and I simply don't have the money. But without an expungement, I can't get a decent paying job.

Thanks

Jacob Rennick
Jacob Rennick answered on Sep 23, 2021

Expungement costs are not set by the court so the total fee you are charged can vary attorney to attorney, however there are set court fees that can be pricey. You can seek to proceed with the expungement in forma pauperis, which may reduce the court fee itself possibly giving you a break on the... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Hi, I am an investigator working on a wrongful conviction claim for two co-defendents in Wayne County MI.

After multiple FOIA requests and calling in some favors, it has been determined that their files and/or any paperwork from their case no longer exist. Do you know anything about filing a motion to dismiss their cases based on the fact that they cannot work on appeals or revisiting evidence etc.... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 23, 2021

What exactly are you looking for? I would find it unlikely / hard to believe that at least transcripts no longer exist.

I'm assuming the time for direct appeals has long passed. When you go to trial and lose, you have a right to appeal, but that applies to direct appeals. Time is of...
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1 Answer | Asked in Criminal Law, Real Estate Law, Civil Rights and Small Claims for Ohio on
Q: Is it illegal to build a snowman using snow from someone else's property?

They don't have a fenced in yard or any signs that say private property.

Andrew Popp
Andrew Popp answered on Sep 23, 2021

It sounds like you may be trespassing on their property. For a definitive answer you need to sit down with a local criminal defense attorney to evaluate the specifics of your situation.

Best of luck.

1 Answer | Asked in Criminal Law for Florida on
Q: My ex husband received an annuity when he was younger with his dad as power of attorney, he passed away and his widow

Was able to clean out all bank accounts that had my money in it as well as a house that he purchased from selling our house after our divorce, how can he get her accounts frozen so he can get his money

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 23, 2021

Your ex's father HAD a power of attorney. But POAs don't survive the death of the principal (your ex). It doesn't appear that your ex father-in-law has any right to the bank accounts, other than possibly as an heir of his son. But he should seek advice from an attorney.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Have a girlfriend who is felon. Used my tuck and got charged with gun i had under seat. Can she get out of this enhance

She is habitual offender and state is seeking max penalty for both counts

Arthur Calderon
Arthur Calderon answered on Sep 23, 2021

She most definitely needs to get with an experienced criminal defense lawyer, considering that she is indicted as a habitual. These types of cases hinge entirely on whether the person 1) knew that the gun was nearby, and 2) had control over the gun. I would highly encourage you to reach out to a... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Can a police officer legally look in a vehicle with no search warrant or the owners consent?
Joel D. Hand
Joel D. Hand answered on Sep 22, 2021

Assuming that you are referencing a situation in which a law enforcement officer is looking into a vehicle from the outside of it (e.g. through the windows), the officer would not need either a warrant nor the owner's consent. If you are referencing a situation in which the officer is... Read more »

1 Answer | Asked in Criminal Law, Employment Law and Education Law for Pennsylvania on
Q: My college mandated us to get the covid-19 vaccine. We complied. Now they are utilizing wristbands to label vaccinated

Is this legal? They are using a private security company to enforce.

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

So far, it is not illegal. The law about Covid vaccination is in a process of constant changes due to the differing opinions of diverse groups. One day you are prohibited from appearing in public on a mask that conceals your identity and the next day you are required to wear one. Personally, I... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: My husband was arrested and charged with vop and possession of firearm by convicted felon what do I need to do
Henry George Ferro
Henry George Ferro answered on Sep 22, 2021

Find and hire the best lawyer to can find...Experience, knowledge and aggressivity are important assets for your lawyer to have.

1 Answer | Asked in Criminal Law and Family Law for Texas on
Q: I recently discovered my divorce decree contains fraudulent, manipulated calculations. Who should I seek help from?
Omar Darwich
Omar Darwich answered on Sep 21, 2021

you should contact an attorney asap.

find a family law attorney

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