My husband and I pulled out of our driveway and passed a state trooper who immediately turned around, followed us for 2 miles (long enough to run our tags and see that he has a 5 year old closed misdemeanor drug case against him) then pulled us over into a parking lot. He said he pulled us over... Read more »
If the police have a legitimate reason to stop a vehicle - the duration of the stop must be analyzed by the reason for the stop - for a minor traffic violation the time period should be brief - if there is no reason for the stop - then the stop...Read more »
I am past year 2. First time offense. Have not gotten into trouble. I got bad advice from my past lawyer on this case. I want to get it expunged as soon as I can but I read that I might have to wait 3 years after my probation is over until I can apply for expungement with PBJ. Is that true?
Normally you must wait 3 years after you have received your probation before judgement, however, the statute permits you to request an earlier expungement for good cause but you would also have to have the length of your probation shorted as you could not expunge your case while you are on...Read more »
I took a plea and faced 1 year max in jail time, but I didn't know she'd impose these harsh terms. I'm 22 years old. She pretended to sentence me the full year but it was actually a month which I learned later. I was told the terms of probation when I got out of jail. The pandemic is... Read more »
The sentence you have described is an unusual one. It would be helpful to have more details about your case to more fully answer your question. It may be that there is nothing that can be done. You are welcome to privately email your name, case number and the jurisdiction in which your case was...Read more »
It is unlikely that you could be convicted based upon a picture alone. The prosecutor would have to prove that the item was, in fact, a firearm. While that can be proven in some circumstances without the weapon being recovered, it not likely that could be done based upon a picture alone. Also,...Read more »
First degree assault has a maximum punishment of 25 years. Second degree assault carries a maximum of 10 years. If the charges arise out of the same act - the second degree assault would merge into the first degree assault so the total maximum would be 25 years. There is no minimum sentence so...Read more »
It is unusual for a charge to be placed a year later. If this is in Maryland, there is a one-year statute of limitations for possession of a controlled substance. Without knowing the exact statute under which you are charged regarding the Xanax not being in a prescription bottle - I cannot tell...Read more »
Often when the drugs are initially seized - the police weigh the drugs together with package in which the drugs were contained - when the drugs get to the chemist - the net weight of the drugs - when weighed by the chemist is often different.
Yes - if they intend to prosecute a person for possession of the drugs. If the amount of drugs is small - sometimes the police may not intend to go forward with a prosecution for possession - and in that instance they may not send the drugs to the chemist for analysis.
If you received a PBJ (except for DUI) in most instances you are eligible for an expungement after three years. In some instances, if you can convince a court that you have good cause - you may be permitted to file for an expungement earlier than three years - but generally it would not be until...Read more »
At one point I was walking away from my wife and she put her hand on my arm and said "honey please dont walk away from me, let's talk". I then pulled my hand from my pocket and my pinky finger got stuck in my pocket and i dislocated it. I popped it right back in place and put a... Read more »
Your biggest problem will be the prosecutor's suspicion of your explanation - regardless of the truth of your explanation. Once you retain an attorney - your attorney can discuss the best way to approach the prosecutor - if you and your attorney decide that is the best course to pursue....Read more »
While there are not enough details in your questions to be certain what the entry may mean - it sounds like there had been a status conference scheduled that was rescheduled by consent of the parties. If you have an attorney, your attorney may have agreed with the prosecutor to reschedule the...Read more »
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