Example: A felony case bound over to the Grand Jury to determine an indictment. It's my understand that the defense will not be allowed to be present. The Prosecutor, witnesses and grand jury members are the only persons present at the grand jury proceedings is my understanding. Can you clarify if... Read more »
Typically, the defendant is completely excluded from the grand jury process and shouldn't need an attorney until the grand jury indicts them. Here's the lawyer part... however, I have heard of technical issues where an attorney for a defendant was allowed to set in during the grand jury process....Read more »
He didn't know this person was here, (she has a warrant for theft of property) and so he told the police that she wasn't, and where he thought she might be. This was early in the morning and the house was quiet as usual, she was asleep in a room he doesn't generally enter, with the door locked and... Read more »
What county are you in? Did your father give them permission to search the house? Sorry, but like a lot of similar situations, they require a lot of details in order to give a fair answer. The crime of “False Reports” in general is a specific intent crime, being that your father had to know he...Read more »
I am travelling to TN from Florida. I hold a Concealed Weapon Permit and will be traveling with a firearm. I have looked up all restrictions and regulations for all states that I will be passing through. Georgia and South Carolina were very easy to interpreting the law and the reciprocation of my... Read more »
“Intent to go armed” references the mens rea or mental state the government must prove along with the act to convict someone of a crime. Technically I guess everyone with a permit has that intent, of course it’s lawful with a permit. I think you’re good as long as your Florida permit is...Read more »
Was denied due to lack of evidence. He was not the shooter or the one who ordered the hit. He now has documents and evidence to prove his innocence. When presented, what are some of the outcomes we can expect
If Your friend was charged with felony murder there are several situations that could potentially make him criminally responsible. You may have to share the nature of the evidence for a more accurate answer. I must caution you that not only criminal defense attorneys participate in these forums but...Read more »
Not just no but “hell no”, if the search was based on your consent. You may limit a consensual search. However if the officer developed his own probable cause and exigent circumstances then you have a problem.
If charged by the state the severity of the charge is based on the original felony (what the person was originally convicted of to become a felon). Secondly we need to know if "the feds" are picking up the case and the amount of coke and weed. There is a federal enhancement called the "trigger...Read more »
Yes, T. C. A. § 39-17-1307 was amended in July of 2017 to allow for the possession of a handgun in a vehicle. The usual restrictions still apply. i.e. no felon in possession, must be in lawful possession of car, etc.
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