There's a legal process available to try to get your vehicle back, you also may have the opportunity to negotiate with the prosecutor to get your vehicle back. I would suggest calling some criminal defense attorneys, try to speak to a lawyer who will offer a free consultation.
On September 22nd I was accused of stealing a wallet at a bar. The sheriff came to my door, showed me a picture from the security camera asked if it was me. I said no, it clearly was not me. She then left. She came back to my house 4 times after that, twice a day for two days. I was at work but saw... Read more »
Well, you're presumed innocent until proven guilty. You have the ability to challenge the admissibility of evidence, and you can also challenge whether or not there's probable cause for your case to continue. You'll also want to conduct an investigation, and try to convince the...Read more »
I unknowingly swiped a a parked car. Another person called the police, so they are calling it a hit and run, even though I never left and wasn't given the opportunity to notice and exchange insurance info.
It can be a few weeks or possibly a few months before you receive notification of charges in the mail. The complaint and court date will be mailed to the address on your license. If your mail is being properly forwarded to another address, you should receive it through USPS. You can also monitor...Read more »
I was packing to leave my girlfriend's house when in the heat of the moment she tried to stop me. In doing so she scratched me on my neck and ripped my shirt. We have had a prior incident which I went to jail for, so I was recording the goings on. As a safety precaution I called 911 so nothing... Read more »
So you may have some defenses/legal challenges available but each case must be reviewed independently. You have the right to review all evidence against you and file Omnibus motions to challenge the admissibility of evidence in your case. Of course you have the right to a trial as well. I would...Read more »
Two types of misdemeanor domestic assault: intent to cause fear of immediate bodily harm and intentionally causing bodily harm. You and your wife will most likely need separate attorneys but as the defendant it is much more important for you to retain an attorney.
I think my PO wants to lock me up bc i was caught driving on a 4yr probation of my 3rd dui i want a lawyer bc i feel i been doing great ive passed all UA's and did all treatment in classes just made one mistake
Where you arrested and taken to jail or police station? Underage drinking and driving is a misdemeanor, which means up to 90 days jail and $1000 fine. If you’re interested in a plea bargain, often you can negotiate a result with little or no jail, and a lower fine.
A cop told me early November his video player wasn’t working but I may be charged with a gross misdemeanor for passing a bus arm. I do not recall the bus even being stopped. Late January, three months later he brought over a citation and the issue date is November. He still hasn’t shown me the... Read more »
Yes, you should try and fight it. You are presumed innocent and the state will be required to present evidence at trial in order for you to be convicted. Call a few lawyers that offer free consultations to discuss your case.
An OFP was requested against my ex husband as there is a pending dom assault charge against my 13 year old daughter. He is requesting a hearing to contest, he has a lawyer and character witnesses. I have had a guardian ad litem visit my home to talk with daughter, CPS visited my daughter at... Read more »
You’re not required to have a lawyer but I would recommend it. When your petitioning the court for an OFP you must prove that domestic abuse has occurred by a family or household member. When requesting an OFP on behalf of a minor child, you must show abuse against the child as well. It is...Read more »
It might be helpful to talk to a criminal defense attorney before your next court date. You may have defenses available to raise in court. Most of the time it’s helpful to have an attorney to negotiate with the prosecutor as well.
I had been at a bar by myself and only had two drinks. I left my drink unattended twice. I left the bar and started walking home. About 2 blocks from my house the police saw me and ordered me to get in there squad car. I said no I am almost home. They got out of the car yelling and advanced on... Read more »
Generally, yes, you can get a restraining order or order for protection if there is physical abuse. If the court grants your request, no contact with your residence could be included. If there is physical assault or more than one incident of intrusive or unwanted acts that have a substantial...Read more »
Generally no, when you pay a fine or citation it is considered a guilty plea and you waive your right to a trial. The scheduled arraignment should be automatically canceled. In limited circumstances, you can withdraw your guilty plea after paying a ticket. For more information, contact Neuville Law...Read more »
The citation was mailed to incorrect address and returned to sender. They finally got the address correct 45 days later and stated I missed the court date and license will be suspended if fine and court costs are not paid in 30 days. I had called court house twice to determine if there was actually... Read more »
Yes, you can always fight your criminal charges/citation. Generally, the state is given three years to prosecute most misdemeanors and some felonies. Mailing to incorrect address and returned to sender may not be sufficient to get a charge dismissed, but there may be other issues you can raise in...Read more »
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.