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He has bail for the Warrents how long can he be held for the 2C 29-1A
answered on Jan 20, 2017
Under criminal justice reform, which began in January 2017, he is required to be held 48 hours. At that time release or remand will be considered.
To be exact: A defendant is incarcerated in 9/6/1994, then post bond in 9/17/1994. After various pre-trial conferences the person hypothetically "signs" a plea form in 8/7/1995 to 10 years for a drug offense, wouldnt they incarcerate the defendant at that time? Would they let him go and... View More
answered on Jan 13, 2017
After the plea is accepted there must be a separate sentencing hearing.
answered on Dec 8, 2016
If you were not charged with anything but DWI then the State cannot change the charge. The one caveat is whether the statute of limitations has passed. Though it also depends on whether the new charge would amount to double jeopardy. Talk to your lawyer on the appeal.
He lives in a state where it was considered a moving violation - he paid all fines and never lost his license. Is it going to be a problem for him to go on the trip?
answered on Nov 23, 2016
I agree with Mr. Aalsberg. More information is needed and this is really a Canadian immigration issue. But the specter of being kept out of Canada on a DWI, is real.
Family member is being persecuted for a white color crime having to do with over 5 million dollars and is being framed
prosecutor waited six months to hand over discovery only because judge forced her to, does tis mean she may not have enough evidence to prosecute?
answered on Nov 7, 2016
There are many reasons why a prosecutor may or may not turn over discovery. In the case you are discussing it sounds like the Prosecutor does not believe the Defendant was entitled to the discovery and motion to compel was filed.
answered on Nov 1, 2016
One of the reasons why you want to be talking with a DWI specialist (National College of DUI Defense, ect), is because they are well honed on the scientific defenses. The short answer is your medical mystery might be a defense. It depends on the medical issue and the facts of your case.... View More
i am innocent what should i do I am in the process of immigration and I dont know whats going to happen
answered on Oct 26, 2016
If you are going to court to testify that you are innocent, then have already been charged. Sexual offenses can result in megan's law treatment, long incarceration and almost certain immigration consequences. You should not go to court without an experienced criminal defense lawyer.
answered on Oct 26, 2016
Possession of drug paraphernalia can be punished by both incarceration as well as fines. You should retain counsel to go over the facts of the case and your record.
My son is 13. He moved with his father over the summer. His father failed to enroll him in school. I still have custody. Full custody. I now have to appear in truancy court. I worked with the two school districts involved. Now my son is in school after missing 11 days. But I'm nervous because... View More
answered on Oct 24, 2016
These matters are heard in the municipal courts. That you are there means that there are warnings that have gone unheeded. I believe the fine now goes up to $250 per day, so with 11 days, do the math. Jail time also is an option for the judge. That would be jail time for the parent.... View More
The prosecutor has agreed to throw out the breath test because of the amount of time between arrest and breathalyzing. But I need to remove the dui charge
answered on Oct 12, 2016
I assume that you are working with an attorney to get a suppression. You should be speaking with your attorney about this. I am sure he or she has explained that there are no plea bargains in a DWI case. Can the case be dismissed? It depends on whether there is. Legal reason. Without having... View More
This is my first ever offense. I did over $3,000 worth of damage as well. Is there any chance I will not have to do jail or prison time???
answered on Oct 10, 2016
First of all you are likely facing a temporary restraining order in addition to the third degree offense. You will need representation for both charges. Mr. Aalsberg has offered very good advice, as usual. You need to to meet with an attorney in person and go over your case. You are facing 3-5... View More
The claim was made by the company with which I had a contract dispute. And in retaliation they claimed that I entered their office without permition, even though I worked in that office for 9 previous month and had a company issued badge. They never revoked my permission to enter office and when I... View More
answered on Oct 6, 2016
It is not difficult to make out a claim of probable cause. The complainant simply needs to make an allegation that --if proven true-- would satisfy a conviction under the statute.
You are at risk of a criminal conviction and a. Criminal record. A probable cause hearing is available. But... View More
The home was knocked down before defendant had a lawyer and couldn't have the chance to have a private investigator go over the states claims and evidence
answered on Oct 3, 2016
That all depends on who called for the structure to be knocked down and why. Part of my practice involves investigating fire claims for insurance companies. I've seen many fire experts make determinations on cause and origin long after the site was compromised. Retain counsel and an expert... View More
i was in jail recently i missed a court dated at penns grove because they didnt send a court date and the penns grove clerk told me to come up there by noon tomorrow and she will ROR me and give me a new court date. Is that true or are they trying to get me to come up there to arrest me
answered on Sep 27, 2016
I have no way to determine if that is true or not. But your best choice is to cooperate with the court. It sounds like they are trying to work with you.
answered on Sep 27, 2016
Yes that can be done. There are occasions when a client is charged in more than one county or perhaps even in the federal and state systems. We as counsel will engage with all prosecutors to obtain a global resolution.
They thought I was lying they thought I was him they look him up he had a warrant supposedly because he didn't pay some traffic tickets so I went to jail they took my fingerprints under his name....is this something I can fix?who do I need to see?wich lawer?
answered on Sep 22, 2016
It depends on how you went to jail? Plea, conviction after trial? If you plead, then you admitted that you were guilty and it would be extremely difficult.
I visited police station and was handed a complaint defendants copy
answered on Sep 22, 2016
The presentation of a charge against you amounts to an arrest. Because it is under section 2C of the criminal code, it will appear on a criminal background check until it is expunged. Because of the potential poison your future with a criminal conviction, it is recommended that you retain a... View More
Police came to my house and took me for questioning at no point was I ever under arrest but the police did not inform me of my right that I had a choice to go in for questioning. the man that accused me said I pulled a handgun on him after getting out of my vehical... when in fact I never did he... View More
answered on Oct 29, 2013
I recommend you retain a lawyer as soon as possible. You could be facing a indictable crime. The face that you could be facing aggravated assault charges (a second degree crime) presents a great deal of risk. Do not talk to the police without a lawyer.
answered on Oct 29, 2013
If you serve alcohol At a party and fail to properly supervise! you could face civil and criminal liability someone is hurt as a result. The only way to avoid the possibility is not to serve alcohol. Otherwise, behave reasonably and do not serve alcohol to anyone that appears intoxicated. If... View More
answered on Oct 29, 2013
I believe this situation would be covered under the Alcohol rehabilitation act.
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