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answered on Aug 24, 2020
No, the sentencing range only enhances based on prior felonies.
I was involved in a raid and unknowingly had a little meth on my person. Is this a felony or misdemeanor
answered on Apr 4, 2020
That’s depends on the weight of the meth, and any additional materials they may have found that indicate sales/distribution. i.e. large sums of cash, scales, multiple packages, etc.
answered on Mar 25, 2020
Yes you can be charged. A condition of probation is to refrain from drug use. Look over the original probation order, if it doesn’t spell it out then you may have something. Most of the time it’s an explicit condition.
I have been changed with introduction of contraband When I’ve jeber stepped foot into the jail in my life. Nor have a criminal background. I was indicated by a grand jury and have a court date December 17th and need advice in what to do from here as I am out on bond (bond was set excessive at... View More
answered on Dec 6, 2019
Call me tomorrow 731-240-1990, it could be they’re alleging you to have facilitated the intro in some manner. What county?
I was charged with bui and now aggrivated child endangerment bc I said I was driving our jetski drunk and my daughter was injured. My wife was driving and had only one beer. I was scared she would loose her license and told them I was driving. She is our only ride and way to take care of our... View More
answered on Oct 2, 2019
There will likely be consequences if she recants. It's considered under the filing a false report statute. This is charged as a felony, so she needs to carefully consider how she proceeds.
3 violation of contact 2 assult
answered on Aug 29, 2019
One idea may be that he hadn't been there the required 12-hour "cooling off period". Other reasons may be that the warrant wasn't prepared in time for court. You should be able to call the clerk tomorrow and find out thee reason as well as when he will eventually go before the judge.
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... View More
answered on Mar 15, 2019
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... View 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... View More
answered on Sep 28, 2018
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... View 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... View More
answered on Aug 26, 2018
“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... View 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
answered on Aug 16, 2018
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... View More
Warrant because his k9 supposedly hit on the drugs
answered on Jul 8, 2018
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.
Plus they had coke and weed with an open container
answered on Jun 4, 2018
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... View More
answered on Jun 4, 2018
Most states have a provision for an attorney licensed in another jurisdiction to take an occasional case (Pro Hac Vice) in their district.
answered on Jun 4, 2018
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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