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1 Answer | Asked in Criminal Law and Real Estate Law for Maryland on
Q: Is The Law Of Adverse Possession (clearly established law )

Is The Law Of Adverse Possession (clearly established law) And And How Do The Police Determine Adverse Possession From Anything Else?

Thomas C. Valkenet
Thomas C. Valkenet answered on Jun 22, 2021

Adverse possession is a civil legal concept. In Maryland, it is an inchoate claim that must be brought in court. Once all elements are proven, a court may grant possession and authorize recording of an instrument that includes the possessed property.

The police have absolutely zero to do...
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2 Answers | Asked in Criminal Law and Civil Rights for Maryland on
Q: Can Criminal Cases Be Dismissed If The Name Or Address On The Warrant Or Court Trial Is Incorrect /Misspelled.

Can Criminal Cases Be Dismissed If The Name Or Address On The Warrant Or Court Trial Is Incorrect /Misspelled.

Scott Scherr
Scott Scherr answered on Jun 22, 2021

A case will not be dismissed because of a typographical error or incorrect address.

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1 Answer | Asked in Criminal Law for Oregon on
Q: What is the penalty in Oregon for violating Or. Rev. Stat. Ann. § 165.540
Aubrey R Hoffman
Aubrey R Hoffman answered on Jun 21, 2021

Violation of subsection (1) or (2)(b) is a class A misdemeanor. Class A misdemeanors are punishable by up to 364 days in jail and a fine of up to $6250.

1 Answer | Asked in Criminal Law for Oregon on
Q: My attorney said case law prevented use of evidence He was lying. Is that o.k.?
Aubrey R Hoffman
Aubrey R Hoffman answered on Jun 21, 2021

The Rules of Evidence limits the types of information/evidence that can be brought out at trial. Depending on what type of evidence you are attempting to use, there may also be case law that limits it’s admission.

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Litigation and Civil Rights for Ohio on
Q: If you're indicted on a felony 4 ovi, and you don't have enough ovis to have that indictment. What happens to your case?

Its actually 2 in ten years and 3 in 20 years is what the person has. The court is trying to drop it to an unclassified misdemeanor 1 and I don't see how that is even possible considering the indictment was signed by a grand jury for the Felony 4 ovi. You can't just change something... Read more »

Matthew Williams
Matthew Williams answered on Jun 21, 2021

They can and do amend charges all the time. It seems like an odd mistake to make owing to how simple it is to count years and convictions, but the mistake was made and so it has to be corrected. There's no violation of civil rights. The defendant gets a huge benefit here, why would he not want... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I am in security or law enforcement and I carry a taser, does it look better in court if I have been tasered?
Charles Watts
Charles Watts answered on Jun 21, 2021

It has no bearing on court if you have been or have not been. There are however good training benefits from having the taser used on you, but so long as you receive the proper training and it is documented then you do not have to be tasered in order to be certified.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I have a criminal defense question.

I sold some ammunition in a private sale to an individual who was over 21 years old. I was contacted by a detective saying that the ammunition that I sold him legally, may have been used in a murder. Ammunition is not subject to background checks in Wisconsin so I did not ask to see a concealed... Read more »

David Patton
David Patton answered on Jun 21, 2021

Most likely you were contacted as a witness. They may be trying to tie the Defendant to the gun by way of the ammo. I am not a civil attorney, but it seems unlikely that you'd face liability assuming you were acting legally when you sold.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for South Carolina on
Q: I lost pcr in SC. Pcr Judge say Georgia case from Georgia appeals isn't binding upon SC courts ,is this true

Caselaw from Georgia..state v Goodman, 469 s.e.2d 327.

Georgia court of appeals ruled in favor of the guy,and say he did not violate the left turn law , my case from SC is 98% like his.

Charles William Michaels
Charles William Michaels answered on Jun 21, 2021

First I am not a SC attorney. But generally a case from out of state (by it Georgia, or elsewhere) do NOT bind the South Carolina courts. It can be persuarive authority but the South Carolina courts do not have to follow it.

1 Answer | Asked in Criminal Law and Education Law for New Jersey on
Q: I'm looking for help with my daughter's virtual high school attendance...

She was given a school-issued Chromebook in September, when she started high school. Due to the pandemic, I kept all 3 of my kids virtual. Her particular Chromebook would not stay connected to my home wifi and she would use her personal laptop to log into school. On the days she used her laptop,... Read more »

Amber Forrester
Amber Forrester answered on Jun 21, 2021

You didn’t specify, but if you’ve got a court date, I assume you (and your daughter) are facing a truancy charge. That can be treated as a disorderly persons offense (NJ’s term for misdemeanor), and while the fine is low, it’s still not something you’d want to have on your background,... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Probate for Ohio on
Q: What if I am on probation and condition of my probation is to not drink alcohol and I get in a car accident drunk

Before this I was on probation and broke it for getting a DUI and went to jail for one year then got on probation again this time and for the first time broke it by testing positive for alcohol and then got in the accident the next day in geauga county

Andrew Popp
Andrew Popp answered on Jun 21, 2021

You are subject to the same maximum penalties as you were for the original charge. Every time you violate probation the punishment typically increases. What should you do? Hire an attorney to get you the best possible resolution. Don't expect a miracle with these facts however.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: I live with my mom and step dad I have for a year I help help pay rent and if I get a epo on my stepdad in the state ky

Will he have to leave

Timothy Denison
Timothy Denison answered on Jun 20, 2021

Most likely, yes.

1 Answer | Asked in Criminal Law for South Carolina on
Q: I have someone on the Gay Dating app Grindr who is threatening to expose me with pictures and text unless I pay them

$500, which was increased to $1000 when I said I couldn’t. They apparently followed me yesterday and saw the apt I live in. Now they are threatening to expose me to my family.

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jun 20, 2021

Hello. We are terribly sorry to hear about this. No one should be afraid of such exposure by such types of people, merely for being who they are. This is repugnant and despicable.

You have several causes of action both criminal and civil.

South Carolina has no Revenge Porn Laws; the...
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1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Stockbroker Fraud for California on
Q: Who investigates false documents and fraud done to the deceased

Yeah because I have reason to believe that my father's name was changed my mother's name was changed and then they made everything look that way now people are benefiting from everything that's written on the story and then it appears that my father and my mother the identity was... Read more »

Joseph Abrams
Joseph Abrams answered on Jun 20, 2021

Most fraud offenses can be investigated by either local or federal authorities. If you have evidence of a criminal fraud or identity theft, you can begin by reporting that evidence to either your local police department of FBI field office.

- Law Office of Joseph Abrams, Anaheim, CA

1 Answer | Asked in Criminal Law for New York on
Q: Is it possible to get charges dropped even before arrest is made?

I filed a police report when he broke 2 of my car windows that night when I broke up with him. I told him that I wanted to return the car to him, since he gave me that car just a few months ago (he used to own that same car) and I told him that night of the incident. I didn't know what to do... Read more »

Michael Arbeit
Michael Arbeit answered on Jun 20, 2021

At this point, it may not be possible to avoid an arrest. But, if you do not want to move forward, you have no obligation to speak with the prosecutor or sign any paperwork. If you do that, a lawyer that knows what they are doing Will get the matter dismissed. Your friend should consult with an... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What does commitment issued and return commitment mean

My friend went to jail on a sanction it says commitment issued now it’s saying commitment returned document unavailable are they being terminated or do they get to come back to the program

Tracy Tiernan
Tracy Tiernan answered on Jun 19, 2021

Those are simply terms used by the court system indicating that a document(s) pertaining to a defendant being taken into custody have been issued by the Court.

2 Answers | Asked in Criminal Law for Florida on
Q: im on probation until 2025 how can i get early termination
Michael P Mayoral
Michael P Mayoral answered on Jun 19, 2021

Generally speaking, it is up to the court (the judge) to grant early termination. Usually, they want you to complete all of your conditions of probation, pay off all fines and restitution, not pick up any law offenses, and complete half of the probationary term (if its 4 years of probation, they... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: Can you be arrested for a charge you picked up while on parole, but the charges were dropped before you were arrested,.

It's my 33yr old son who is out of prison after a ten years severing. And he's been out over a year. He got a charge about a credit card . Then his parole officer text him a few days later and tells him all charges were dropped, I seen the text. Then a couple days later which was... Read more »

Henry George Ferro
Henry George Ferro answered on Jun 19, 2021

Criminal case versus a violation of probation and/or parole are two different things with differing standards of proof…obtain counsel as soon as possible.

1 Answer | Asked in Criminal Law for Maine on
Q: Is it legal to Not have representation? Also is it legal to not have been read the Miranda rights?

My friend was arrested without having investigation done and potentially assaulted by the officer who arrested him while being brought into the jail. The person in question filed a complaint and nothing has been done. He does have a bit of a mouth But they never served him his Miranda rights nobody... Read more »

Hunter J Tzovarras
Hunter J Tzovarras answered on Jun 19, 2021

In a criminal case, a person charged who is facing potential jail time has the right to a lawyer if he or she is unable to afford a lawyer.

It's illegal not to provide someone arrested with Miranda rights before questioning the person arrested. If Miranda is not provided before...
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1 Answer | Asked in Criminal Law for Indiana on
Q: I am scheduled for jury trial class B msd in july. I was charged last september. What happens for time waiting for tria
Andrew L. Bennett
Andrew L. Bennett answered on Jun 19, 2021

If you are referring to does the time count towards your sentence if convicted, the time does not. It is simply time waiting for your case to go through the court process. The only way it counts for anything is if you requested a speedy trial per CR4B and the trial is taking place outside the 70... Read more »

1 Answer | Asked in Criminal Law, Insurance Bad Faith and Insurance Defense for Arkansas on
Q: Should I plead guilty or not guilty to insurance fraud? Class D felony first time offender can't afford a attorney

Basically I got In a wreck a while back (was not at fault) and bought an insurance claim right after I got out of the car. The insurance investigator asked and I lied and said it was before. No money was ever given to me nor was the car fixed and I was making a statement that I wasn't trying... Read more »

Richard Lane Hughes
Richard Lane Hughes answered on Jun 19, 2021

I don't know if I completely understand the facts of your case. However, that alone is a reason for you to have an attorney. That is, to help you communicate with the prosecutor as well as the court.

Plead not guilty and advise the court that you cannot afford an attorney. You are...
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