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Criminal Law Questions & Answers
2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: If police raid my house for drugs and detain me do they have to show me the warrant before they search if I demand tol
Thomas C Gallagher
Thomas C Gallagher answered on Jan 26, 2022

If police break into a house with a Search Warrant, they are required to either leave a copy or give a copy to a person present. I am not aware of a requirement that they do so, *before* they come in and search. That could create security risks, and that is likely the reason. Normally they will,... Read more »

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1 Answer | Asked in Criminal Law for Virginia on
Q: Quick question regarding deferred disposition

If a defendant enters a deferred disposition but but the prosecutor does not agree with the disposition can they still bring it up to a judge and have them decide?

Daniel P Leavitt
Daniel P Leavitt answered on Jan 26, 2022

Usually deferred dispositions have an understood outcome so once you get it you're usually good to go. But it's possible to defer disposition and order mitigation and leave the outcome open ended... so they might be consulted for their opinion but usually that's not the case.

1 Answer | Asked in Criminal Law for California on
Q: Can a court-appointed attorney enter a plea agreement without the defendants consent if not what can be done about it
Dale S. Gribow
Dale S. Gribow answered on Jan 26, 2022

NO

you must agree

s/he can suggest/advise but not enter a plea without your consent.

you either have to sign that you agree with the plea or announce orally in front of the judge that you agree to that plea.

if you are having issues and s/h is not a public defender,...
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1 Answer | Asked in Criminal Law for Texas on
Q: can I get a free lawyer for my son in custody charged with aggravated assault with a deadly weapon

my son is in jail for bond forfeiture charged with aggravated assault with a deadly weapon he did nor commit this crime has never been in trouble before

Chad Zubi
Chad Zubi answered on Jan 26, 2022

Defendant's who cannot afford counsel can request the court to appoint counsel to represent them. Appointed counsel are often excellent lawyers and the reputation they have in some circles is unwarranted. However, if the court finds that your son can afford a lawyer then you cannot be... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: What proof needs to be met to get a conviction on a threat of mass violence charge?

Has to be more than 1 or 2 people claiming a person made a threat?

Mark Oakley
Mark Oakley answered on Jan 26, 2022

The offense is described as follows: “A person may not knowingly threaten to commit or threaten to cause to be committed a crime of violence … that would place five or more people at substantial risk of death or serious physical injury … if the threat were carried out.”

Any...
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1 Answer | Asked in Criminal Law for Texas on
Q: If someone is out on bond and never missed a court hearing, but didn't check in with bond officer for two months

This person still showed up at court knowing a warrant was out for bond conditions violation by not reporting the two months before this court date. I've been researching and everything I find about bond is the fact that bond is made available to insure the person shows up to court and... Read more »

Chad Zubi
Chad Zubi answered on Jan 26, 2022

A court can order bond conditions that you must fulfill in order to remain out on bond. That is even though the underlying idea behind bail is to help ensure that a person awaiting trial will appear in court. If the judge made reporting to a bond officer a condition of your bond then you must... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Threatening to bring a gun to school and shoot people. She DID not go through with it, she was just being STUPID online.

shes never even SEEN or TOUCHED a gun before in her LIFE! Please no Rude responses. Im a NORMAL mom whose family have been SHOCKED by HER child threatening to do a school shooting. Shes 13yo and she said she was BORED. This is in Texas. She was charged with 3RD Degree FELONY. SHes an A/B Student,... Read more »

Chad Zubi
Chad Zubi answered on Jan 26, 2022

First, you need to take a deep breath and relax, suicide is never, ever, the answer to anything. I encourage you to discard such thoughts and to stand tall and persevere for yourself and for your family.

That being said, you need to have a qualified criminal law attorney examine...
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1 Answer | Asked in Criminal Law for Kentucky on
Q: Okay I was driving down the road in a state trooper seen were my plates was out. He pulled me over

I told him that I had a hydrocodone on me he took it and told me that since I was honest that he wouldn't write me up for it. So he did not charge me with it he just charged me for my dead tags. Okay 3 days later they came and served me with a possession charge. Can they do that?

Timothy Denison
Timothy Denison answered on Jan 26, 2022

Yes.

2 Answers | Asked in Criminal Law, Federal Crimes and Juvenile Law for Louisiana on
Q: If the defendant is charged with felony carnal knowledge but has no prior criminal charges, will he/she be shown liency?

The defendant is 22 with a 16 year old. The defendant was charged with felony carnal knowledge of a juvenile. The defendant has no prior criminal charges. The sexual contact was oral only.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 26, 2022

The defendant needs to hire a criminal lawyer.

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Louisiana on
Q: My son was forced to plead guilty to a charge that he wasn’t even arrested for . How can I seek justice
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 26, 2022

You should have hired a criminal attorney for him before he plead. Now a criminal attorney would have to withdraw his plea.

1 Answer | Asked in Criminal Law for Maryland on
Q: what is most likely to happen in court when being charged with petty theft , first offense
Eric Todd Kirk
Eric Todd Kirk answered on Jan 26, 2022

Theft carries the potential of a jail sentence, although unlikely for a first offender, it is not impossible. A theft conviction can haunt you for the rest of your life. You should hire a lawyer, or if you qualify, seek the serices of the PD.

2 Answers | Asked in Criminal Law for Louisiana on
Q: If officers probable cause was, he smelled weed. But didn’t find any but something else. Can I suppress what was found?

Or should I just challenge the jurisdiction?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 25, 2022

You should hire a criminal lawyer.

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1 Answer | Asked in Criminal Law for New York on
Q: can someone be charged with 130.20 (2) if he is under 21 years old?

The person arrested is 20 years old, the crime happened when he is 20

Michael Arbeit
Michael Arbeit answered on Jan 25, 2022

Is the person arrested 17 years of age or older and is the c/w under the age of 17?

1 Answer | Asked in Criminal Law for Texas on
Q: IF A CASE HAS BEEN HEARD IN ONE COURT AND WAS DISMISSED AND DENIEDIN THAT COURT CAN THEY TAKE IT TO ANOTHER COURT

MY GRANDSON WAS ARRESTED FOR SOMETHING AND PUT IN JAIL. WHEN IT WENT TO COURT ,THE JUDGE DISMISSED IT AND DECLINED IT TWICE. THEY ARE STILL TRYING TO PERSUE THE CHARGES. TWO DIFFERENT JUDGES.

John Cucci Jr.
John Cucci Jr. answered on Jan 25, 2022

Your grandson will be happy to hear that the 5th Amendment to the US Constitution forbids a person from being charged twice for the same crime. If this is happening, you need to get a copy of both Indictments, and compare the two. The Indictment is the written instrument that must be filed to... Read more »

1 Answer | Asked in Criminal Law and Business Law for Texas on
Q: Hello, Is mere participation in a gifting circle (pyramid Scheme) a violation of TX Business and Commerce Code 17.461

I foolishly believed a friend when he said that participating in gifting circles was not illegal. I only paid money into the gifting circle. I never spoke with, promoted, or recruited anyone into this circle. I am being looked at as a possible suspect for promoting a pyramid scheme. The law... Read more »

John Cucci Jr.
John Cucci Jr. answered on Jan 25, 2022

To start, please do not tell anyone else, what actions you have done, unless they are an attorney. From what you wrote, Technically, you probably did not commit a crime when you joined the pyramid by tendering money for membership. However, if the police are talking to you or have told you that you... Read more »

1 Answer | Asked in Criminal Law for California on
Q: what happens if two kids in their 20’s get detained for suspicion of breaking in an old church, but then let go

so if two kids in their 20’s try to get into a what seemed to be abandoned church, get detained, then told to leave, can one still be arrested?

Joseph Abrams
Joseph Abrams answered on Jan 25, 2022

If they were only detained and let go without being cited at all, never further happens. Also, the incident should not appear in their automated criminal record since there was no arrest.

2 Answers | Asked in Criminal Law for Maryland on
Q: How do i contact the public defender, is it free? what do i ask?
Scott Scherr
Scott Scherr answered on Jan 25, 2022

Call the Public Defender's office for the county where you were charged and they will tell you how to get qualified.

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1 Answer | Asked in Criminal Law for Maryland on
Q: Will i go to jail for a first offense , petty theft charge. I’m genuinely scared

It was of $234

Scott Scherr
Scott Scherr answered on Jan 25, 2022

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.

2 Answers | Asked in Criminal Law for Louisiana on
Q: In search of a lawyer, that can help get this case dismiseed
Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 25, 2022

You do not provide enough information but I suggest that you use the Justia FInd a Lawyer tab and search for lawyers in the geographical area where the case is pending and in the subject matter. Good luck.

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1 Answer | Asked in Criminal Law, Federal Crimes and Legal Malpractice for New York on
Q: Is it legal to accept money from a sale of a home if a notary falsified witnessing a signature on a deed?
Roy Warner
Roy Warner answered on Jan 25, 2022

Depends on the law in each state. However, accepting cash is legal. The problem is whether the deed can be filed, which serves as notice to the world that the person who paid cash for the property is the true owner. The deed should be corrected pursuant to the terms of the written contract of... Read more »

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