Typically, you will only go to jail after an arraignment if the court has determined not to set bail and to detain you pending trial. You may also be temporarily detained pending a bail hearing, during which bail will be determined.
The perpetrator was A Dark-skin African American woman bearing no resemblance to my family member. The witness testified under oath, that he was assaulted during theft of a Target department store by a Dark-skin African American woman. While my family member is a light-skin African American woman.... Read more »
No. The sentencing hearing is not the correct forum to argue new evidence supports the defendant's innocence, unless it is presented as a mitigating sentencing argument. A better approach would be to file a motion to reconsider the verdict based on newly discovered evidence.
The reason given was because I was in a area know for drug activities and they wanted to make sure they were safe and free from any weapons I may be carrying. I was next to a motel 6 where I had a room at the time.
I am not on probation or parole and I have my 4th amendment rights. I was... Read more »
Although this appears to be a close issue, the short answer is that they probably had the right to search you. The reason is that pat down searches are generally legal when police stop or detain a suspect for there own safety. Here, it appears they had the right to detain you based on the observed...Read more »
This happened in an argument 3months ago. We're back together now. She told the D.A. She doesn't want to press charges. They subpoenaed her anyway last week. She missed it, she didnt go. They offered me a disturbing the peace deal, to think about it. I have court tomorrow.
That your wife does not want to press charges does not determine whether charges will be brought. However, as a practical matter, it may mean they now have a weak case based on the strength of the evidence. Further, there is a "spousal" privilege in the law under which your wife cannot be...Read more »
I agree with Mr. Gribow. You can only be sentenced on a probation violation by the judge. The probation department and prosecutor will make recommendations as to the sentence, as should your own attorney.
If the only basis for the search was that you were subject to a search condition, when in fact you were not, then arguably it's an unlawful search. On the other hand, for example, if you were lawfully stopped, the search could be considered as a lawful search incident to arrest. There are not...Read more »
Any consent must of course be voluntary, but also knowing. This is where the grey area lies. For the consent not to be knowing, usually some type of clear mental defect must be present. In most cases, intoxication won't rise to the level necessary; however, it comes down to the extent of...Read more »
A "wobbler" refers to a charge that, depending on the facts and circumstances of the case, can be charged as either a misdemeanor or felony at the discretion of the prosecutor. Depending on a "strike" is defined in your jurisdiction, a wobbler filed as a felony could constitute...Read more »
The facts here are very vague as to what is actually going on. Are you on some type of pretrial electronic monitoring? Although that would not involve cameras. Are you detained in an institution of some type? Which could very well include cameras. Try to be more specific as to your circumstances.
So I got pull over cause my tags were expired and so the officer pull me over and came to the window and asked me "you know the reason why I pulled u over" and I reply yes cause of my tags. So the officer asked me and the passengers for our ID (3 people in the car) so we hand them our ID... Read more »
If you cannot afford an attorney, request that the court appoint counsel in the case. Your wife has the right to appointed counsel if she cannot afford an attorney. Other options would to be explore discounted or pro bono attorney services.
I'm being charged with 4 felonies 3 of them are strikes. I met this girl @ the casino she was flirting brought her home she later had her boyfriend come over when I was telling them it was time to gothe boyfriend handed me replica shotgun while she took a video of me holding it. Called the... Read more »
First, as general matter, video evidence is obviously very strong evidence - whether it is being used to prove or disprove the charges. In your case, if the gun is a replica as you say, the video may be helpful in proving that. Conversely, it could provide evidence of your possession of a firearm....Read more »
was coming home from the local market 12:05 am had 2 passengers in the car (current registration and insurance, lic is suspended.) cop informed me that i was stopped for doing 50 in a 40 zone. I started to hand him my reg & insur paperwork but he refused and asked for my lic instead. told him... Read more »
This is a close issue. Some things to keep in mind are that a traffic stop can be considered an "arrest" since you are not free to simply leave, and police are allowed to conduct a search incident to an arrest. I think there are meritorious arguments for and against the legality of the...Read more »
The border patrol in Arizona mentioned there was a charge but no information has been received regarding court dates or anything. Is it a misdemeanor, felony or something worse ? No prison or jail time was served, but is it something that has to be scrubbed clean or otherwise ?
It sounds like there is only an arrest with no court action so far. It could stay that way, in which case you will only have an arrest on your record. Or it could proceed to charges at a later date, in which case you will be informed and given a court date. If the charge is at the federal level, it...Read more »
If your cousin is charged federally for drug trafficking, the starting point of the sentence would be calculated under the federal sentencing guidelines. Based on the number of pills involved in this case, the low end of the guideline range could be as high as14 years imprisonment. Also, the...Read more »
The penalty will depend to a great extent on the statute of conviction, and could range from little to no time in custody to several years in custody. For example, criminal negligence or reckless behavior could result in a relatively light sentence for someone with no criminal history (note that...Read more »
HE threatens to do harm to me and my family rushes at me to get to my sister I pull out a knife bring it too face level he sees it and still rushes at me he swings I dip low he impale himself on the knife I push him away raise it back up he sees it again he backs away starts fussing and we take him... Read more »
Self-defense, if established, is an affirmative defense and you would not be guilty of a crime. However, whether or not there was self-defense is fact specific. Based on the facts described in your question, there seems to be an opportunity to try to establish self-defense; however, ultimately, it...Read more »
This 16yr old boy gets a ride from his older sister,upon getting out he takes a bag full of guns. she does nothing to retrieve them from him. He ends up killing someone with one of these guns. would that fall under this category?
Based on the limited facts presented in the question, this is highly unlikely to meet the definition of aiding and abetting or accessory. There must be some knowledge and/or voluntary participation in the crime. If the sister's only "involvement" is seeing the boy take the guns, and...Read more »
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