The short answer is that, presence alone (inside of a house that is raided) is not enough for an arrest. Officers are required to have reason to believe that the defendant had access to and the ability to exercise control over the drugs that were found. As such, the circumstances surrounding the...Read more »
Typical depends on which jurisdiction you are charged in and your criminal history. Assuming that you have no history, you could be looking at pretrial diversion. Pretrial diversion might include fines, community service, and a theft seminar. On the other hand, a misdemeanor theft could be...Read more »
These type of cases depend heavily on the totality of the circumstances.
With that said, walking away from an officer is only obstruction if the officer has reasonable articulable suspicion that you are involved in criminal activity. In order words, he must have some specific and...Read more »
Simple assault is a misdemeanor. As such, it carries up to 12 months in jail. I would suggest that you contact an experienced criminal defense attorney for representation. Furthermore, if you have been diagnosed with any kind of mental health disorders, gather that paperwork for your attorney -...Read more »
Yes. At a preliminary hearing, hearsay is admissible. This means that the officer can testify to what the victim told him. If the judge believes that the officer's testimony alone is sufficient to meet the probable cause standard, then the case will be bound over.
My grown daughter (age 28) was caught at the door of Walmart by their security and was arrested for theft by shoplifting. She was accused of swapping price tags and paying a reduced amount for the items. She is currently looking for an attorney. In the meantime, she found out that she is looking at... Read more »
Without more information, it is difficult to say how this will play out. From an efficiency standpoint, my guess is that the state will charge her on one indictment/accusation and add additional values for any of the 6 charges that they can prove. Assuming that the total loss by Walmart exceeds...Read more »
Having an attorney represent you, whether private attorney or appointed, places you in a better position to achieve a fair and just outcome. Furthermore, while most misdemeanors are consider minor by the general public, a third or subsequent theft offense can be charged as a felony. You might...Read more »
She had to go to the ER. was there they called the police. She was heavily sedated on pain meds cuz she broke her nose on the dash in my truck. She told the cops what happened and when they asked her to write a statement she said no.
Oftentimes if there is any evidence indicating that the incident was a result of domestic violence, law enforcement will make an arrest warrant. This applies even if the alleged victim is reluctant or does not write a statement.
From the perspective of the prosecuting attorney, a...Read more »
No. You could be charged as a party to the crime of assault. In other words, the allegation would be that you aided, assisted, or abetted the individual that actually committed the assault. As such, you also stand in that person's shoes and the potential penalty is the same for the...Read more »
The question relates to my arrest after I had placed a call to 911 requesting police to respond to a domestic violence assault against me. The other party was also arrested charged and ultimately plead guilty but I was arrested and accused of charging at the other party. But in reality I was pulled... Read more »
Felony obstruction is a serious charge. Unlike the misdemeanor variety, the felony obstruction indicates that you did violence or offered to do violence to the officer.... You should definitely consult "directly" with an attorney and not try to resolve this on your own.
The term settlement is generally not used in criminal law. If by settlement you mean plea agreement, then you would have a criminal conviction which I expect your potential employer would consider before hiring you.
Your criminal record is composed of both (1) arrests and (2)...Read more »
I was pulled over after just getting my car back October 2nd, the reason for the stop was they had claimed my paper temporary tag was flapping in the wind but the plastic tag cover I bought pretty much tells me that was a lie. They search my vehicle without my consent and all of a sudden a tiny bag... Read more »
You should hire an attorney as soon as possible. There are notices and deadlines that have to be met in order for the seizure and potential forfeiture to be valid. In any case, do not delay taking action to get your property back.
As far as the charge itself, there appear to be multiple...Read more »
Person was in the garden section of walmart with shopping cart that did contain items that were going to be purchased. Walmart employees detained person and claimed person was stealing because they were past the "Last point of sale"
The statute that you are referring to is o.c.g.a. 17-7-50....if true, the judge would be required to set a reasonable bond upon petition by the Defendant. There are exceptions if the state intends to seek the death penalty. Specifically, the state can seek additional time (90 more days) to...Read more »
Depends on the charge and the jurisdiction/location.
If the charge is a misdemeanor and you have no holds (or other active warrants) then there is a strong likelihood that you will receive a pre-set bond. On the other hand, if the charge is a felony, you will likely have to go before a...Read more »
It depends on your criminal history. 17-10-7(a) only requires a single prior felony conviction whereby the defendant was sentenced to "confinement" in a penal institution. 17-10-7(c) requires that the defendant have three prior felony convictions "at the time" of the latest...Read more »
Robbery is a very serious offense. It carries a sentence of 1 to 20 years of confinement. The sentence for robbery can be probated depending on the circumstances, negotiations, etc. In my personal experience, the fact that the defendant has no prior history does not have a great impact on...Read more »
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