My friend was sentenced to the RSAT program on 10/20 but they're not shipping anyone off due to COVID. He wants to know can he file a motion of modification. Since his time doesn't start until he gets there.
You would need a valid, legal reason to file a motion for modification of sentence. If the reason is that the sentence will be longer than anticipated, it likely will not be granted. There is often a waiting list for RSAT and most people wait for months to get a bed in the program. If the RSAT...Read more »
My boyfriends exwife took out a criminal trespassing warrant on us because she got mad at him when he dropped off the kids. I wasn't there and was at work but my name was on it too. Can she do that? Can I press charges for this?
Hi. My juvenile daughter was arrested in March 2020, fingerprinted, mugshot taken, and released to my custody then. No information was provided then about why arrest or what the charges were. Then, in October 2020, we get a charge letter+ arraignment date in the mail. Was his right to a speedy... Read more »
The simple answer is no; his right to a speedy trial was not violated. That right becomes ripe once the case is indicted or accused. At that time the accused must assert his or her demand for a speedy trial.
I would request that you call me to discuss. Your question is unclear as to whether you mean the charges are 17 years old or the charges are for your 17 year old child. It also depends on what circumstances are surrounding the shoplifting charges and if it is a felony or misdemeanor.
It doesn't seem fair that Dekalb Co police department doesn't have to answer before a judge on the probable cause that they had for my arrest because I chose to pay bond and seek my freedom until I prove my innocent during a trial. Seems to me as if that's a cover up for a possibly... Read more »
The preliminary or probable cause hearing is for the Magistrate Court to determine if there is sufficient probable cause for the charges and therefore sufficient probable cause to keep you in custody. You have a right to a probable cause hearing while in custody, but not necessarily if you have...Read more »
I was charged with violating family violence order an have yet to go to court for stalking charges. I got a dui 2 weeks later. I am just wondering about how the probation an the sentencing dynamic will play out after the dui sentencing. As well as any advice on "stalking by communication"... Read more »
If you are on probation for the DUI and that act was committed after the violation of the family violence order, then the prior offense cannot be used to violate your probation for the DUI. Generally, stalking must involve "harassing or intimidating" communications. If there is...Read more »
While it is sometimes possible to obtain certain items prior to indictment, the State has no legal duty to provide discovery material until the formal indictment has been filed. In my experience most prosecutors will have discovery at arraignment or within 10 days of arraignment.
I would need additional information to properly answer the question. There are time limitations regarding appeals and motions to set aside certain rulings. Depending on the case, Judges need to specify the legal grounds for their findings and rulings.
You can call the local nonemergency line or take it to your local precinct. Leave it in your vehicle prior to entering and let them know you found the firearm and where. They can run the serial number to see if it is registered. They will also need to take "test fires" to compare...Read more »
It depends on the context for which the no contact order is in place. If he has not been convicted yet and the no contact provision is a part of his bond, he can file a bond modification to allow specific contact in relation to legitimation or child support. If he has been convicted, no contact...Read more »
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