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Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for California on
Q: Im homeless and req'd to report to probation within 24 hrs of release. I called and told to be in person but now past 24
Dale S. Gribow
Dale S. Gribow
answered on Dec 1, 2022

if you think there is a warrant out for you, I would contact the lawyer who represented you to surrender you to the court.

1 Answer | Asked in Criminal Law for Nevada on
Q: How is it legal for Nye cnty to have my partner in custody since July 23 without a court date? Can't get lawyer to reply

My partner is being held in Nye county, NV. There is no date on calendar for him and we can't get a hold of his attny. Both he and I have contacted his office and left multiple msgs with the receptionist for him to contact my partner. The last time he saw a judge was in district Court directly... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Dec 1, 2022

you need to ask this of Nevada, not Calif lawyers.

if you keep calling I'm sure you will have no trouble making an appt with a lawyer...........if you are in a position to retain one.

2 Answers | Asked in Criminal Law for Texas on
Q: Arrested . Posted bond on have no court date scheduled are no indictment felony its been past 180days

How long til charges dropped in texas

John Michael Frick
John Michael Frick
answered on Dec 1, 2022

The DA can drop the charges at any time but is not legally required to do so simply because of the passage of time; however, the statute of limitations may prevent the DA from prosecuting you if the DA does not secure an indictment before the statute of limitations expires. The general statute of... Read more »

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2 Answers | Asked in Criminal Law for Tennessee on
Q: A charge in TN with aggravated criminal trrspassing how long can be sentenced for he's been in jail over 260 days
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 1, 2022

Either a Class B Misdemeanor 6 months or Class A Misdemeanor 11 months, 29 days. There may be other charges. Where is his lawyer? Call the Court Clerk and find out what he is convicted of or charged with.

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1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Oklahoma on
Q: I wasCharged in '16 w/ felony of knowingly concealing stolen property amount of 500.00$ but it was just changed to1,000

Can I possibly be retried or have a modification to my sentence

David A. Cincotta
David A. Cincotta PRO label
answered on Dec 1, 2022

You are likely eligible for an expungement of all records of the offense (because of a change in law to make those convicted of a felony that has been reclassified as a misdemeanor eligible much sooner than others convicted of a felony). Unfortunately, you will still have to obtain a pardon first... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for California on
Q: What Federal Statute to use for Motion to Vacate/Expunge Arrest off of My CJIS,DOJ, CORI of an Arrest with No Conviction

18 USC 499, Arrested, No Plea, No Highest Offence Level, Nor Conviction, No Pending Counts. I was released on my own recognisance. I have the PACER Docket 3:92-mj-04824-HRM; Case# 92MJ04824, The Original Case happened in 1992, but was DISMISSED BY ORAL MOTION OF GOVT, ON 11/1/94 By Magistrate Judge... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Dec 1, 2022

I DON'T HANDLE FEDERAL.............

YOU CAN ONLY EXPUNGE A PLEA/CONVICTION............

THUS IT WOULD BE MORE COMPLICATED AND I SUSPECT COSTLY.

IS COST AN ISSUE? IF NOT I WILL TRY TO RESEARCH IT............WHERE WAS FEDERAL COURT?

1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: My brother got picked up on a warrant in front my house.. my question is it legal for police to put him in a van and

Take him back to his Place and walk around and say they have cause for search warrant? And then search the property ??

Charles M.  Baron
Charles M. Baron
answered on Dec 1, 2022

You did not indicate if the police actually obtained a search warrant to search his home. If they had no search warrant, a Court most likely would rule that the search was unlawful. If it was an unconstitutional search, any evidence seized during the search mostly likely would not be allowed into... Read more »

1 Answer | Asked in Criminal Law, Elder Law, Estate Planning and Personal Injury for Colorado on
Q: I have a serious case of elder abuse, robbery, theft, financial exploitation. Plus inheritance stolen...??.... Contingen

What do I do? No one seems to want to help me. Will was redone misspelling my father's name. This was done 3 months before he died at 82 with a brain tumor 3 other forms of cancer with radiation treatments. Found out there was a reverse mortgage put on the house for $1,140,600. On October 20,... Read more »

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Dec 1, 2022

You need to call an attorney to protect your rights. Attorneys in Burg Simpson’s commercial litigation department may be able to help. Additionally, attorneys who litigate probate cases involving estate planning/wills/trusts may be able to help. Bottom line: you should call an attorney.... Read more »

1 Answer | Asked in Construction Law and Criminal Law for Maine on
Q: Does the three different good time laws in Maine violate constitutionality and or are they discriminatory!
Hunter J Tzovarras
Hunter J Tzovarras
answered on Dec 1, 2022

I do not believe these laws have ever been challenged in court. Since good time is determined by the Department of Corrections and not considered part of the sentence but an administrative determination by stature, the Court may not find a constitutional violation in the difference statutes. You... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: Im wondering what an affirmative defense means in utah pertaining to an overdose and who can claim it and how

Im wondering if the person who overdosed can claim affirmative defense and how it works. Its 58-37-8(16) of the utah crimial code im wondering about. About a month ago i overdosed and i was arrested. Now im facing possesion charges. I dont have a lawyer so i have been trying to research as much as... Read more »

Mike Branum
Mike Branum
answered on Dec 1, 2022

As Mr. Cramer has stated, you really need an attorney whether you qualify to have one appointed or whether you are able to retain private counsel. You can argue an affirmative defense, but that defense would be argued at trial and over 90% of criminal cases resolve before trial. Counsel will be... Read more »

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1 Answer | Asked in Criminal Law for Ohio on
Q: I am worried that someone is trying to set me up by planting evidence on me to get me in trouble due to my past record.

I'm worried they may use past conversations off of a cell phone they stole from me and they have hacked into my other phones as well they have put cameras in my home and been watching me through my TV. My husband has been talking to this woman and she is the one doing this to me and he is... Read more »

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Nov 30, 2022

You haven’t been charged with anything. My advice to you, if this lady is invading your privacy, is file menacing charges.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I was charged with possession of methamphetamine, it was a very small amount. I had took it away from my ex girlfriend

Afew mins. Earlier and I guess she called the police on me. I was transported from. the scene by ambulance to the er because the officer felt there was something bad wrong with me and when was checked by the doctor at er it was discovered my kidneys were about shut down. Drug test revealed I had... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 30, 2022

Citations can be issued for Felonies in TN. Hire an attorney, and stop talking about what happened on a public forums.

1 Answer | Asked in Criminal Law for California on
Q: iwas pervided with case law for a indecent exposer in 2001 that the case law stated if my drim was commited befor 2oo1 i

i rember it was doe vs ?

Dale S. Gribow
Dale S. Gribow
answered on Nov 30, 2022

I DON'T UNDERSTAND THE QUESTION????

2 Answers | Asked in Criminal Law for Texas on
Q: CPS cleared my son of any sexual abuse case against his daughter. Can the DA press charges on him months later.

its been months and they have no new evidence for them to base their claims.

Deandra M Grant
Deandra M Grant
answered on Nov 30, 2022

Of course they can. He needs to hire a lawyer immediately.

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1 Answer | Asked in Juvenile Law and Criminal Law for Tennessee on
Q: if 3 kids vandalized a was thought abandoned house but was sold and the door was unlocked,no private/trespassing signs

and the cops have been informed and have a court date set what could happen to the kids

Michael Hollins Sr.
Michael Hollins Sr.
answered on Nov 29, 2022

No one could tell you for sure what would happen prior to a judge hearing evidence in a case. However, it sounds like these kids need representation from an attorney who will look out for their futures. Depending on the charges, the kids' lives could be impacted in a negative way.

I...
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1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Kentucky on
Q: If DVO domestic violence order has expired or was dismissed is your firearms rights restored in the state of Kentucky?
Timothy Denison
Timothy Denison
answered on Nov 29, 2022

Yes, presuming there are no other prohibitions on your right to possess a weapon.

1 Answer | Asked in Criminal Law for Texas on
Q: If I'm defending myself in a harassment case misdemeanor Class C ..am I allowed my discovery from county attorney
Kiele Linroth Pace
Kiele Linroth Pace
answered on Nov 29, 2022

The prosecution MUST give a defendant discovery if he or she makes a request in accordance with 39.14 Texas Code of Criminal Procedure. "We don't do that here" and "this is our standard discovery package" are not valid responses to a timely request. In fact, a class C... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: I need to know if my 4th amendment right of illegal search and seizure was violate?

I was at the casino playing the slot machine when I was pulled off the machine by sheriff deputies and told by the deputy I was a suspect to a robbery as I was slammed on the car I told them ,ore than once they are violating my rights as they started searching my pocket I told them they didn't... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Nov 29, 2022

it depends

a lawyer would want to review the police report to see the reasonableness of their actions...........warrant? recent robbery.......at casino?......description? etc

the best things is to discuss this with the lawyer you retain or the lawyer the court appoints at your...
Read more »

3 Answers | Asked in Criminal Law, Personal Injury and Arbitration / Mediation Law for California on
Q: Can you serve a letter to the defendant on a certain date when I know he will be in court present with his other case?

Defendant not available at home for certified letter. I know he had court date with someone else. Can I serve papers there?

Yes it's demand letter. One more question, how to do it?

Dan Rowan Cortright
Dan Rowan Cortright
answered on Nov 29, 2022

It depends. What kind of letter is it?

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Tennessee bail questions

Kidnapping aggravate assault criminal summons

Is this a court appearance or do you think it will require bail.

P.s it was a very simple old school guy fist fight and the loser is a baby

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 29, 2022

Criminal Summons is a Citation to appear to answer for a criminal charge. No arrest at this time but you will probably have to be booked. So no arrest, no bail needed (at this time). Those are both serious Felonies and you will need to hire a competent attorney to show up with you at Court.

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