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Questions Answered by William Jaksa
1 Answer | Asked in Criminal Law for Florida on
Q: grand theft auto cases when defendent was acquitted
William Jaksa
William Jaksa answered on Sep 18, 2019

What is the question? Are you looking for case law on this issue?

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: if The statute of limitations are expired why would the state have a grand jury? To help change laws?

My dad was accused of something that allegedly happened 35-40 years ago. An investigation was done about 20 years ago by state police and no charges filed. The accuser is intent on destroying him. Fast forward to today and a friend told me he was questioned about this by the ag’s office in... Read more »

William Jaksa
William Jaksa answered on Sep 18, 2019

The truth is often the first thing that is sacrificed in these scenarios. If a grand jury is empanelled then they will be given evidence to decide whether there is enough evidence to lay charges and continue with the matter. The grand jury is not an investigative tool rather a check on power to... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Illinois on
Q: If a person has already been sentence writes an affidavit for his co-defendant can he still be grant a Appel ?

Basically will he still be able to fight his conviction

William Jaksa
William Jaksa answered on Sep 18, 2019

Accused A is found guilty, is then sentenced, and now wants to appeal the conviction and sentence. As long as there are merits Accused A will be given an appeal. That sworn affidavit will likely hurt any appeal if contains a confession.

2 Answers | Asked in Civil Litigation and Criminal Law for Georgia on
Q: I live in Walker County,twice in three weeks a police officer has knocked on my door. How can I find out why?

Is there a way to check for a warrant without calling the PD?

William Jaksa
William Jaksa answered on Sep 17, 2019

Check with the local courthouse and see if there is an outstanding or open warrant? The best way is to call the police or retainer a lawyer to make the call for you.

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1 Answer | Asked in Criminal Law for California on
Q: What are the essential elements of a criminal act?
William Jaksa
William Jaksa answered on Sep 16, 2019

The parts of the act that must be there to make it a criminal act. For example: for assault, there must be 1. the intentional application of force; 2. that force must be applied directly or indirect; 3. that this force was applied without consent. Even simpler: intention to apply force without... Read more »

1 Answer | Asked in Criminal Law and Identity Theft for California on
Q: Can I request money from identity theft before the case is settled
William Jaksa
William Jaksa answered on Sep 16, 2019

You are certainly allowed to ask the person you suspected that stole your identity to provide you with restitution even before their case is settled. Don't threaten them or offer anything in exchange, simply ask that they make you whole again. If they are smart they will realize that paying back... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: A retarded women files rape charge.

It was consensual until prerp. asked to remove condom.

William Jaksa
William Jaksa answered on Sep 12, 2019

Do you mean a female with cognitive challenges reports to police that she was sexually assaulted? I assume that the police then conducted an investigation and charged someone with this?

Everyday vulnerable and marginalized people are mistreated in some of the most horrific ways and we as a...
Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Tennessee on
Q: Does K-9 Police Dog have wear something visible that let's you know it's a cop and the handler also have to

Minor traffic stop why would cop ask to search the vehicle & when being told no the car wasn't mine he got k9 and the k9 never found any drugs

William Jaksa
William Jaksa answered on Sep 11, 2019

Each police service sets its own policies and rules about officer's uniforms. However, the unlawful motor vehicle search would make an interesting argument if you were charged.

2 Answers | Asked in Criminal Law for Indiana on
Q: I took a charge for someone pleaed guilty the case is over can I go back and tell them it wasn't me
William Jaksa
William Jaksa answered on Sep 11, 2019

You went to court, told a judge that you committed the crime, you were found guilty and now want to tell them the truth that it wasn't you? You might be able to successfully appeal this, but you would have to show/prove that you did not enter into the plea voluntarily, that you did so under duress... Read more »

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3 Answers | Asked in Criminal Law and Identity Theft for Connecticut on
Q: I have had fraud committed against me

Someone stole my debit card and I know the perpetrator and want to know about pressing charges

William Jaksa
William Jaksa answered on Sep 11, 2019

You can start by filing a complainant with the bank that issued the debit card; then calling the local police agency and advise them, OR in Connecticut, you can file a report with the Attorney General - Office of the Consumer Fraud Protection at 860-808-5318.

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1 Answer | Asked in Criminal Law and Family Law for Texas on
Q: Can someone get out of going to prison on a second offence of family violence
William Jaksa
William Jaksa answered on Sep 11, 2019

Sure, if found not guilty at trial or the charges are dismissed. IF not either of those then sentencing ranges depend on what the Class of the assault was. Further, some up-front counselling programs and treatment that shows remorse or prospects of rehabilitation could take the possibility of... Read more »

1 Answer | Asked in Criminal Law for Nevada on
Q: My son sold drugs to a under cover cop what can he get for that he is a addict and was selling them to get them for hims
William Jaksa
William Jaksa answered on Sep 11, 2019

The courts and police are very familiar with the circumstances that User-Dealers find themselves in. They buy drugs from their dealers, sometimes they are fronted the drugs, then they sell to support their habit. The unfortunate issue is that they are still dealing drugs and they are still apart of... Read more »

3 Answers | Asked in Criminal Law for California on
Q: Two police without uniforms went to our old address and show my father picture to my neighbor and asked her question

We do not know why, he did not do anything wrong, and the address the went is our old address

William Jaksa
William Jaksa answered on Sep 11, 2019

Sounds like these plainclothes officers are conducting an investigation OR your neighbor is playing games with you.

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2 Answers | Asked in Criminal Law for Texas on
Q: Can you be charge child endangerment for leaving a traffic stop with your own child?!

Even if you wasn’t on a high speed chase

William Jaksa
William Jaksa answered on Sep 9, 2019

Yes you can be charged, but the prosecution will need to prove that it was both subjective and objectively endangerment to secure a conviction. There does not need to be a high-speed chase to endanger life. Anything outside the scope of what a reasonable and prudent driver would/should do in the... Read more »

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1 Answer | Asked in DUI / DWI for Idaho on
Q: How many times can a officer make you take a breathalyzer

If stopped and asked to take a breathalyzer and I do my numbers are under the legal limit. Can they make me take it again?

William Jaksa
William Jaksa answered on Sep 9, 2019

Yes. Many jurisdictions allow or require officers to re-administer the test again. The officer will need to justify in court why they needed to re-administer the test, which may call into question the officer's ability or indicate another problem. In my jurisdiction, officers are required to take... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: Hi, Can you be charged with a DUI after a wreck if no sobriety tests were given or breathalyzer? No citations issued.

Additional details removed.

William Jaksa
William Jaksa answered on Sep 9, 2019

The short answer is YES. The issue becomes when will they lay the charges and how they prove the elements of the offence without sobriety tests of a breathalyzer? Were blood sample taken? Was there a video of the event? How decent and reliable are the eyewitnesses?... Read more »

1 Answer | Asked in Juvenile Law for New Hampshire on
Q: If I am going to court for underage possession of tobacco do I have to take a urine test?
William Jaksa
William Jaksa answered on Sep 9, 2019

To answer fully I would need more information, but it seems that in New Hampshire that urine screens are only conducted IF once found guilty and in a probation or drug treatment program; IF participating in a drug treatment programs or assessment to get into such a program; or sometimes when... Read more »

1 Answer | Asked in Libel & Slander and Juvenile Law for Maryland on
Q: A friend is a senior he did a senior prank and drew on car windows marking the year he graduates, cops were called later
William Jaksa
William Jaksa answered on Sep 9, 2019

A few issues here, there is a common-law defence of Prank available, a criminal lawyer should be able to find the relevant case law to assist. Also, your friend may want to consider some restitution to compensate the vehicle owners for any damage or costs. See the article below for more on... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Can my husband be released from prison early if it is determined that he was given an outrageous amount of time

On a gun charge of which he had never been a felon before and was unaware of the gun where the arrest took place?

William Jaksa
William Jaksa answered on Sep 9, 2019

There are a few essential pieces of information missing in your question. Was he found guilty after pleading or after a trial? The outrageous amount of time was his sentence? What was the amount of time he received? Will he be appealing his conviction or sentence? Has he been on probation or parole... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: What is a do not arrest warrant ?

So I looked at my case documents and it says "INTERNAL WARRANT ISSUED - DO NOT ARREST - FAILURE TO APPEAR FOR FINE AND COSTS. " I'm just wondering what this means

William Jaksa
William Jaksa answered on Sep 9, 2019

There are many reasons why people fail to appear for court: honestly forgot or mistake with the date; but sometimes there are internal errors, such as the court forgot to enter the date or entered the wrong date. The Courts in Ohio seem to understand that mistakes happen and sometimes the mistakes... Read more »

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