She is being arraigned for the DV charge this morning. She is also being charged with possession (she was in his RV, where they found marijuana and paraphernalia) and assault. She didn't hurt him and the police dismissed her parents when they told them about previous assault incidents. The... Read more »
she will have the right to an attorney because she was arrested. even if she wasn't she could have an attorney representative since she is also a victim. she seems to have a defensible case. Is the state trying to prosecute her for the assault or the drugs?
The bigger question is the time it takes for the police to decide whether they want to prosecute. If the person is in jail, article 701 requires the state to file charges within 60 days or you could petition the court to release the person from their bond obligation which would result in their...Read more »
This is one of the most common questions asked. Unfortunately, there is a myth that the cops' failure to advise your rights will prohibit prosecution and get the case dismissed. This isn't so. But, if the person confessed during an interrogation with out having first been read his rights,...Read more »
Will need to review your brothers sentencing minutes for accuracy. First degree murder carries either life or death but the responsive verdict of manslaughter carries 0-40. He'll be parole eligible after serving 85%. Is help possible? Sure. He may be eligible for post conviction relief. You...Read more »
The department of motor vehicles should have a link where you can see if any flags appear on your license and what they are for so you can pay necessary fees etc. you are well past the suspension limit imposed for a dwi conviction.
I work in the mental health field and every time in receive a job offer they proceed to do a background check and my record show the arrest is there anything I can do to prevent this for happening in the future?
893 is the felony expungement provision. there is a new type of expungement for convictions more than 10 years old. but, neither is an exoneration. if you need the effects of a conviction removed beyond what was given to you under 893, you need to seek a governor's pardon.
My sister accused me of touching her sexually. I did not do it. I was a minor at the time. I Did not have any family come to my defense. I was young and unknowing what was going on. The only evidence was my sisters testimony. A story she had heard her older sister telling for years about what our... Read more »
As a general rule you have 2 years to file post conviction relief. however, that procedural hurdle can be overcome by the discovery of exculpatory evidence. So, you may be in luck and able to litigate an otherwise untimely PCR application.
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