Patrick DiChiro's answer BEING CHARGED WITH A CRIME IS DIFFERENT THAN BEING FOUND GUILTY. IF THE POLICE BELIEVE THEY HAVE PROBABLE CAUSE, THEY CAN CHARGE YOU WITH A CRIME. PROBABLE CAUSE TO ARREST IS A LOWER STANDARD THAN BEYOND A REASONABLE DOUBT, WHICH IS THE BURDEN OF PROOF THAT A PROSECUTOR WOULD NEED TO MEET IN ORDER TO FIND YOU GUILTY OF THE CRIME.
SO, THE FACT THAT YOU DID NOT KNOW HE IS STEALING WOULD BE YOUR DEFENSE, AND YOU WOULD BUILD YOUR DEFENSE AROUND THAT.
Patrick DiChiro's answer WELL, DEPENDING ON THE CHARGE, FORGERY IS USUALLY A FELONY OF THE FIFTH DEGREE, FOURTH DEGREE OR THIRD DEGRESS. A FIFTH DEGREE FELONY IS PUNISHABLE BY UP TO 12 MONTHS JAIL AND $2500.00 FINE. A FOURTH DEGREE FELONEY IS PUNISHABLE BY UP TO 18 MONTHS JAIL AND $5,000.00 FINE. THERE IS NO MANDATORY TIME WITH EITHER, SO YOU CAN GET PROBATION. THE HIGHER OFFENSES GET A LITTLE MORE TRICKY.
Patrick DiChiro's answer IF YOUR ELIGIBLE FOR EXPUNGEMENT OF THE WEAPONS CHARGE, THEN YOUR ABILITY TO GET A FIREARM WILL DEPEND UPON WHAT ELSE YOU HAVE ON YOUR RECORD AND WHETHER YOU WILL CLEAR A "BRADY" CHECK. I BELIEVE YOU STAND A GOOD CHANCE. I AM NOT SURE IF AN APPLICATION TO OBTAIN A FIREARM HAS ANY QUESTION THAT REFERENCES WHETHER YOU HAVE HAD AN EXPUNGEMENT. IF IT DOES NOT, THEN I THING YOU HAVE A GOOD CHANCE.
Patrick DiChiro's answer A HIGH END IS ALWAYS MORE DIFFICULT TO REDUCE. THE BEST WAY TO FIGHT IT IS IF YOU HAVE AN ISSUE SUCH AS REASONABLE SUSPICION FOR THE STOP OR PROBABLE CAUSE FOR THE ARREST. ALSO, WERE THERE FIELD SOBRIETY TESTS AND DID THE OFFICER EXECUTE THE INSTRUCTIONS ACCORDING TO THE NHTSA MANUAL.
THAT IS JUST A FEW WAYS YOU CAN CHALLENGE THE OVI. AND IF YOUR CHALLENGE HAS SOME MERIT, YOU MAY GET A REDUCTION.
Patrick DiChiro's answer THERE ARE A LOT OF FACTORS. MOST COUNTIES HAVE A BOND COMMISSIONER WHO EVALUATES THE DEFENDANT AND DETERMINES WHAT THE BOND SHOULD BE. HE OR SHE LOOKS AT MANY THINGS SUCH A PRIOR CRIMINAL HISTORY AND THE SEVERITY OF THE CURRENT CHARGE, AMONG OTHER FACTORS.
IT IS POSSIBLE THAT IF YOU PICKED UP THE FELONY 3 AFTER THE FELONY 2, THAT YOUR BOND WENT UP BECAUSE OF A NEW CHARGE. IT IS A BIT FUNNY BECAUSE THE 2ND CHARGE IS LOWER THAN THE FIRST.
Patrick DiChiro's answer THERE ARE A LOT OF FACTORS TO CONSIDER WHETHER YOU ARE ELIGIBLE FOR A REDUCTION. DID YOU BLOW? IF SO, HOW HIGH? DID YOU REFUSE? HOW DID YOU DO ON THE FIELD SOBRIETY TESTS? WHAT WAS THE REASON FOR THE STOP?
IN ADDITION, THE COURT YOU ARE IN IS ALSO A FACTOR.
IT DOES HELP THAT IT IS YOUR FIRST AND YOU HAVE NO OTHER OFFENSES.
PLEASE CONTACT COUNSEL WHO CAN EVALUATE YOUR CASE.
Patrick DiChiro's answer FIRST OFF, GIVE NO VERBAL OR ORAL STATEMENTS. IF YOU ARE INDICTED, FIND OUT WHAT THEY HAVE FIRST BEFORE YOU SET UP YOUR DEFENSE. OBTAIN COUNSEL TO DO THIS. BEFORE YOU START ARGUING YOUR CASE, FIND OUT WHAT THEY HAVE. THINK OF THIS AS A POKER MATCH, WOULDN'T YOU LIKE TO KNOW WHAT YOUR OPPONENT HAS BEFORE YOU BET YOUR HAND!! OF COURSE.
THAT'S HOW YOU START TO DEFEND YOUR CASE. THEN, YOU FIGURE OUT HOW TO BEAT IT.
Patrick DiChiro's answer THEY MAY NOT BE ABLE TO CITE BECAUSE IT IS PRIVATE PROPERTY. BUT THAT DOES NOT PROHIBIT YOU FROM FILING A CIVIL LAWSUIT FOR DAMAGES. ESPECIALLY IF YOU THINK YOU WERE NOT AT FAULT.
I SUGGEST YOU CONTACT AN ATTORNEY WHO CAN HELP YOU.
YOUR FRIEND COULD COME LIVE WITH YOU IF HE OR SHE HAS PARENTAL CONSENT. YOUR FRIEND IS STILL UNDER 18 AND THAT MAKES THEM A MINOR, UNLESS THEY HAVE ALREADY BEEN EMANCIPATED. IN ANY CASE, IF THE PARENTS DON'T COMPLAIN THEN FINE. HOWEVER, IF THEY WANT YOUR FRIEND BACK, THEY CAN CALL THE POLICE AND STATE YOUR FRIEND IS A RUNAWAY AND ASK FOR THE RETURN OF YOUR FRIEND.
LIKE I SAID, IT IS A BIT TRICKY AND THERE ARE LOTS OF LEGAL ISSUES. SEE IF...
Patrick DiChiro's answer Without knowing facts of abuse claim, I would be careful in presenting any evidence to the police. Particularly, I would not offer a verbal or written statement. If you have documents that exonerate you, you may want to obtain counsel in order to negotiate with the police. I would not do it yourself.
Patrick DiChiro's answer First off, I am not sure why the court date has been changed. But, if the matter happened when he was a minor, then he will be charged as a minor.
Aggravated Assault is a Felony of the 4th degree. Generally not serious enough to try a youth as an adult. So, that would be my take on the matter without knowing all the facts. I believe they will just treat him as a juvenile. Which means that the court has jurisdiction over him until his 21st birthday.
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