She was on probation for same thing when this happened
answered on Feb 9, 2022
A person may choose not to cooperate with a case once a person is charged with a crime. However, a husband not wanting to press charges doesn't necessarily mean the case goes away. The prosecutor may have enough evidence to proceed without the husband's cooperation. Whether she goes to... Read more »
No where on the warrant does it state the items to be searched for. They found bullets in the trailer and proceed outside to his truck and found a gun in it. The gun belonged to my other sister. They did not take him to jail and months later they sent him paperwork to reclaim the gun. Is this... Read more »
answered on Feb 5, 2021
First, whether the search warrant was overly broad. Possibly. His federal public defender can best assess the application and warrant. Whether looking in the truck was even authorized by the warrant. Possible suppression issue, yes.
Second, whether a delay of less than one year between... Read more »
answered on Jan 27, 2021
The short answer is "no." A deferred sentence is considered a conviction and under federal law you are barred for life from possessing firearms or ammunition. There is one loophole however. If you petition the New Mexico state district court for an expungement of your conviction, and the... Read more »
And what should I do if I have proof of someone assaulting me, calling me racist names, and destruction of private property?
answered on Jan 13, 2021
you can go to the court and petition for a protective order. If s/he does it after the restraining order is granted, the police will arrest on the spot.
My boyfriend and I feel that his current attorney does not have my boyfriend's best interest at heart. He doesn't seem very engaged in the case and was even agreeing somewhat with the procecuter during arraignment. He also doesn't seem to any strategy for the case so far. Would it be... Read more »
answered on Oct 9, 2020
Our Federal Public Defenders and Criminal Justice Act (CJA) attorneys are among the best in the business, under-appreciated and overworked by qvery good, Wolfe. Usually when a defendant or his friends/family want a new lawyer, the problem is not the lawyer but the client having unreasonable... Read more »
I was arrested 15 years ago. Las Vegas, Felon in Possession of a Firearm. I was bonded out. I absconded before my arraignment. Ive been pulled over in the state where I live and told I have an outstanding warrant in NV but they declined extradition. My mothers dying and I want to go home. When I... Read more »
answered on Aug 16, 2020
The statute of limitation has not changed but, unfortunately, when you fled the jurisdiction you tolled the statute. Depending on how many prior felonies your attorney may be able to avoid imprisonment when you decide to face the charges. Or you can wait to be stopped on a traffic violation and get... Read more »
answered on Jan 5, 2020
Depends on what authorizations, if anyone, you have given them. In some instances, they may set off what you owe them, although much more info is needed to properly answer your question.
answered on Dec 3, 2019
You are not alone. Thousands of people are accepting, cashing or depositing checks that turn out to be fraudulent. Your bank is aware of the (very likely) possibility that you and your bank account(s) might be the target of even more fraudulent activity-- and so the bank is taking necessary steps... Read more »
answered on Sep 2, 2019
Difficult to answer this question given the large array of variables. There will be an assessment of you and your background, the allegations and the amount of the fraud, that will include your record, opinions on your criminality, your rehabilitation prospects, and general likelihood to re-offend.... Read more »
cops came to my house (initialy to talk about daughter being pulled over at 4 am with adult male) knocked on door didnt announce they were police, after ? me and my bf about said incident they were going to leave but they said they smelled a foul oder which they believed to be weed. i called my... Read more »
answered on Jul 11, 2019
The very short answer is yes.
There are certainly triable issues and grounds to argue that the search warrant should never have been issued. Were the police acting within their duties when they originally attended? Where they lawfully within the dwelling when they observations (smelled the... Read more »
He has never been in trouble before. He is devastated. Court date is in 2-2019. I read that 9 out of 10 get prison sentences in federal court. Is this true and how much time would he actually serve out of those 10yrs? Can you give me a more or less price range that a lawyer would charge?
answered on Nov 7, 2018
Your husband should qualify for the safety valve so the ten year mandatory minimum is waived. Depending on the amount of methamphetamine seized, the sentence guideline may be 5-6 years and serve 85%. A private lawyer may charge $25k but the federal public defenders do not charge a fee and are... Read more »
My boyfriend is being charge with federal and state on a gun charge but he is a felon and the gun wasn't found on him cops found a gun on the roof but never saw him with a gun nor or attempt to toss the gun. So my other question is how can they charge him with a gun if they never saw him with it?
answered on Oct 6, 2018
Sadly federal and state prosecutors may both charge without violating the Double Jeopardy Clause and they can charge without catching your husband in possession. It is reasonable to infer that the firearm did not fly onto your roof by itself.
We had already filed a claim with our insurance and our car was already known to be reported stolen. These are his arrest charges:
Arrest Date: 02/13/2018
Arrest Time: 21:00
Statute: 30-22-1.1... Read more »
answered on Feb 14, 2018
You can sue him but you'd likely never see the money. Thieves usually don't have much.
See if you can get an order of restitution from the criminal charges--contact the DA's victim assistance coordinator.
My Mom was very neglectful & abusive. Both Physically and emotionally. All of This happened to me between ages 7-14. She was neglectful and abusive to her other 5children as well. She provided them drugs and Alchohol when they were only between the ages of 11-15. She specifically picked out her... Read more »
answered on Dec 19, 2017
You can file criminal charges. You can sue her civilly but that will cost money and unless she has a lot I don't see it as doing anything except frustrating you.
Would like to remove a magistrate Judge and request US District Judge in a hearing of release
answered on Sep 27, 2017
You must proceed to the Release Hearing with the magistrate judge but, if you do not like the ruling of the court, you have a right to appeal to the district judge. On appeal to the district judge, you can present any evidence that bolsters your claim that you are not a danger to the community nor... Read more »
answered on Sep 27, 2017
You need to hire an attorney or, if you cannot afford one, apply for the services of a free attorney at the Law Office of the Public Defender. Often when a charge gets dismissed, it is dismissed "without prejudice" which means the prosecutor can refile it. This dismissal and refiling... Read more »
Is this extortion? I need legal questions answered before I pursue any actions
answered on Apr 23, 2017
If he is an employee or officer of the company, you may have a civil claim for s x discrimination or sexual harassment. If not, there may be a crime involved, extortion being one of them, so make out a complaint to the applicable police dept.
answered on Mar 25, 2017
There is no short or quick answer on this one. There are a number of gambling laws out there with both the state and federal government. It would not be advisable to go forward until you sit down with an attorney who understands gaming and what the federal/state government would frown upon.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.