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1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Can Domestic abuse against a pregnant women. Be considered a felony first time incident.

I was booked under CF for this charge when we have no prior

Tracy Tiernan
Tracy Tiernan
answered on Apr 12, 2024

Oklahoma statutory law indicates that a domestic assault and battery on a pregnant woman where the defendant had reason to know she was pregnant is a felony offense carrying up to 5 years in the department of corrections. If the woman suffers a miscarriage as a result of the assault and battery it... View More

1 Answer | Asked in Criminal Law for California on
Q: If a post conviction habeas is filed with the court and the DA defaults, what would be the petitioner’s remedy?

A habeas corpus was filed with the superior court challenging the validity of the petitioner’s prior convictions for strike purposes. The court ordered a response by the DA and upon attempting this response the DA discovered that the petitioner’s sentencing transcripts no longer existed in the... View More

James L. Arrasmith
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answered on Apr 12, 2024

Under California law, if a district attorney fails to file a timely response to a habeas corpus petition after being ordered to do so by the court, the petitioner may be entitled to relief. In this case, the petitioner's recourse would be to file a motion for default judgment with the court.... View More

1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Municipal Law for California on
Q: Can a police officer give you a ticket for having lunch at a table in the park that is within 150' of the water way.

In my city cops use two fish and game codes as a way to take a person who is living out doors to jail at any time a person is near the water with any personal property. (Back pack or a sleeping bag). They do this to people who are camping. Take them to jail, and then they throughout people's... View More

James L. Arrasmith
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answered on Apr 12, 2024

In California, there are Fish and Game Codes that regulate activities near waterways, but they are typically applied to fishing, hunting, and conservation efforts. It's unlikely that these codes would be used to ticket someone simply for eating lunch at a park table near a waterway, unless... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: What do the state have to prove if illegal substance found in Vehicle and driver nor passager was aware of it..yet both

Was charge with intent delivery...

Brent T. Geers
Brent T. Geers
answered on Apr 12, 2024

Possession can be actual or constructive. Knowledge can be established with circumstantial evidence (e.g. if something was found on the dashboard, a fact-finder - the jury - can infer that you were aware of it.

As a very general proposition, a driver is responsible for anything in the car....
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1 Answer | Asked in Criminal Law for Texas on
Q: if you are charged with failure to ID and resisting, even though you never refused to id, and "allegedly" resisted, and

the DA gives you a plea deal. Can you have the charges dismissed with prejudice after 180 days if you never had a hearing in front of the judge to determine if you would go to trail or not? especially if the initial charge that the officer was called out for was dropped the very next day after you... View More

John Michael Frick
John Michael Frick
answered on Apr 12, 2024

Whether the DA will dismiss the charges depends on the facts and circumstances of your particular situation and how persuasive your defense lawyer is. There is no legal requirement that a case be dismissed "after 180 days." You may be thinking about the law that requires the court to... View More

1 Answer | Asked in Criminal Law and Family Law for New Jersey on
Q: my son has locked items belonging to me and my deceased wife in his room

how do i report a larceny?

Louis A Casadia
Louis A Casadia pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2024

Call your local police department and explain the situation to them. It is hard to give any other suggestion with the limited information provided. How old is your son? Does he pay you rent? What items were taken? Understand that if you go down this path with the police you are opening your son up... View More

1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: Why cannot get things back after my case was dismissed in court?

I had been unlawfully arrested in Saint Claire, County, Illinois, United States. During this process they kept my laptop, and most of my belongings that was in my friends truck. Since that arrest my case was dismissed. Now why cannot not have my things back?

James L. Arrasmith
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answered on Apr 11, 2024

I'm sorry to hear about your experience with an unlawful arrest and the difficulties you're facing in retrieving your belongings. There could be a few reasons why you haven't been able to get your things back, even though your case was dismissed:

1. Property being held as...
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1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: Lawyer experienced in murder-suicide case, representing alleged suspect's family?

The individual implicated in this murder-suicide case was a US Army veteran. The police chief stated that, had he been alive, he would have been charged with first-degree murder. Due to the police recommendation, the VA denied him burial in a national cemetery. However, I am of the opinion that the... View More

James L. Arrasmith
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answered on Apr 11, 2024

I can provide some general information, but please note that assessing the feasibility of a lawsuit would require a detailed analysis of the specific facts and evidence in the case by an experienced attorney. Here are a few key considerations:

The standard of proof in a criminal case is...
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1 Answer | Asked in Criminal Law and Civil Rights for Connecticut on
Q: Does a letter of intent have to have the words letter of intent on it

Can you tell me what is required to be in a letter of intent when filing against police misconduct? And does one have to be filed in order to sue?

James L. Arrasmith
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answered on Apr 11, 2024

A letter of intent, in the context of filing a claim against police misconduct, is a formal notice that informs the government agency of your intention to file a lawsuit. While there is no strict requirement to include the words "letter of intent" in the document, it should clearly convey... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: I had a misdemeanor Sexual Misconduct conviction set aside in Missouri, how can I have Failure to Register removed also?

The judge said manifest injustice does not apply to felonies because there’s a 180 day time limit, but misdemeanors have no time frame which is why he was able to set aside the Sexual Misconduct conviction.

James L. Arrasmith
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answered on Apr 11, 2024

I understand you're looking for information on how to have a Failure to Register charge removed after having a misdemeanor Sexual Misconduct conviction set aside in Missouri. Here are a few things to keep in mind:

1. Setting aside a conviction is different from having it expunged or...
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1 Answer | Asked in Criminal Law for Arizona on
Q: I was the subject of a police investigation involving illicit substances years ago-More info below-is it safe to travel?

How was the subject of a police investigation involving illicit substances four or five years ago in the state of Arizona- my renter was a heroin dealer who got arrested, and they naturally launched an inquiry into me. I was never a drug dealer, but I also was no stranger to shady dealings with... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you've provided, it seems that you were not arrested or charged with any crimes related to the police investigation. If there are no outstanding warrants for your arrest, you should be able to travel without facing legal issues.

However, it's essential to...
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1 Answer | Asked in Criminal Law for California on
Q: On probation for disorderly conduct for one year California. Does it come w/ search terms ?
James L. Arrasmith
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answered on Apr 11, 2024

In California, the specific terms of probation can vary depending on the case and the court's decision. However, in general, misdemeanor probation for disorderly conduct may or may not include search terms.

Search terms, also known as search conditions, allow law enforcement officers...
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1 Answer | Asked in Criminal Law for California on
Q: My friend was convicted of 1st-degree murder, and burglary. Recent appeals court reversed all charges due to OCME fraud.

The case is full of “errors”, and toxicology mishaps. Most employees involved have been fired from OCME including the chief me.. DA has decided to re-try . Unreal…. I’m looking for an aggressive criminal defense lawyer.. thank you. Sacramento

James L. Arrasmith
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answered on Apr 11, 2024

I'm so sorry to hear about your friend's situation. It sounds like a very difficult and stressful ordeal for everyone involved. Here is some information that I hope will be helpful:

Since your friend was originally convicted of very serious charges (1st degree murder and...
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1 Answer | Asked in Criminal Law for Virginia on
Q: if i own my own home and a raid happen i should have paper work from the law if someone beside my self lives there

i let someone live there and they raid it i should get some type paper work

David G. Parker
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answered on Apr 11, 2024

By law, a copy of the search warrant and affidavit must be served by law enforcement either on the property owner or (if the owner is not present) on an adult occupant. If no one is present, then the documents are to be left in a conspicuous location at the property. Additionally, law enforcement... View More

1 Answer | Asked in Criminal Law for California on
Q: I need to know if I have a right to see the statement of probable cause that is supposed to be attached to the search

Warrant

James L. Arrasmith
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answered on Apr 11, 2024

In the United States, you have a constitutional right under the Fourth Amendment to see the probable cause affidavit that supports a search warrant executed on your property. Here are some key points about accessing these documents:

1. Probable Cause Affidavit: The probable cause affidavit,...
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1 Answer | Asked in Criminal Law for California on
Q: When do I file motion to suppress evidence and in what grounds
James L. Arrasmith
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answered on Apr 11, 2024

A motion to suppress evidence is typically filed prior to trial, often during the pretrial phase after an arraignment or preliminary hearing. The exact timing may vary depending on the jurisdiction and local court rules. Generally, the motion should be filed with sufficient time for the court to... View More

1 Answer | Asked in Criminal Law for California on
Q: If a felony arrest was made during a search warrant how long can they keep suspect without arraignment california
James L. Arrasmith
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answered on Apr 11, 2024

In California, the law requires that a person arrested for a felony be brought before a judge for arraignment within 48 hours of the arrest, excluding weekends and holidays. This is sometimes referred to as the "48-hour rule."

However, there are a few exceptions to this rule:...
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2 Answers | Asked in Criminal Law for Minnesota on
Q: What are consumer rights regarding illegal items in a repossessed vehicle?

If a car is repossessed without warning and taken by a tow company and stored on a lot, does the repo company inventory items? If so, What happens in a scenario where illegal items that carry felony level charges are found? Example: small amount (5th degree?) controlled substance, paraphernalia.... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 11, 2024

The repossession company has no obligation keep illegal items found in a repossessed vehicle private. They should and will likely turn over any illegal items found in the vehicle over to law enforcement. I would presume that the individual would then be charged with possession for those items... View More

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2 Answers | Asked in Criminal Law for California on
Q: I'm looking to find information about a warrant that's been issued back in San Diego California for my arrest I have no

I have no details about the warrant but I can say I think someone has been using my identity because I have no idea why or what it's about at all . Can u please help me

James L. Arrasmith
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answered on Apr 11, 2024

I understand your concern about a potential arrest warrant issued under your name in San Diego, California, especially if you believe someone may have been using your identity. Here are some steps you can take to gather more information and address the situation:

1. Contact the San Diego...
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1 Answer | Asked in Criminal Law and Civil Litigation for Illinois on
Q: If I was at a mental hospital during my hearing date for an order of protection would that help to get it dropped?

Me and my parents are separating ourselves, permanently. They were supporting me, and we're going through process of cutting our financial ties. Once that was mostly finished the family lawyer I was talking to dropped an order of protection on me. I sent them a bunch of angry messages, while... View More

Cheryl Powell
Cheryl Powell
answered on Apr 10, 2024

MAYBE. It depends how long ago this happened, were you served with the papers before or during hospital, will your Dr state that you were in such a mental state from mental illness or meds as to not be responsible for not showing up, etc.

Get all your papers together and go see a good...
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