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 »
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 »
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.
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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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