You are undoubtedly represented by counsel (Federal Defender) who knows the facts of your case, your prior criminal history, etc., which is the basis of the offer (plus there are Federal Sentencing Guidelines for different types of cases in Federal court). He (or she) is in the best position to...Read more »
On my STATEMENT OF DEFENDANT ENTERING A GUILTY PLEA that I signed one of the requirements on this document says that I must complete a substance abuse class. I remember the judge calling it an assessment instead of a class. There is a significant difference between the two. If I complete a... Read more »
Unless you pled guilty straight up to the court (unrepresented by a Public Defender or private counsel), I suggest you talk with your attorney who assisted in the guilty plea entered. You can also contact the Court Clerk for the Criminal Division for the court (there are many courthouses in LA...Read more »
While I agree with Mr. Lehr's answer, be aware that attorneys on the criminal defense conflict panel, assuming the court appoints new counsel after the Marsden hearing, are paid a very small, lump sum, whether for court appearances or trial, which creates a financial disincentive to do...Read more »
Mr. Winkler provided a fine answer with respect to what I refer as "unintended" or "collateral' consequences involving reporting family members to CPS or other agencies involved in family law matters. I'm going to approach it from a criminal law standpoint.
Your PO can ask for them but that doesn't mean you have to turn them over. Your wife has a right to privacy in her medical records and also HIPAA and the CMIA (Confidentiality of Medical Information Act) protects such records from disclosure.
If, as I suspect, you are already in jail you will remain in custody on the "Absconding" charge alone which carries a sentence 1 year in state prison. You will likely get additional jail time for being in violation of the terms of your...Read more »
It depends on the terms and conditions of your probation and/or parole. Your P.O.'s subjective belief without other corroborating evidence probably wouldn't hold up in court. Talk with your attorney who represented you in connection with your case/sentencing or hire a lawyer in your...Read more »
First offense , no violent record , charges are “corporal spousal abuse”? and kidnap??! Reason for these charges was because i had taken the keys from my fiancé who was at the time , under the influence trying to leave at 3am in her vehicle I was just worried about her safety , she tried... Read more »
I suggest you consult with and hire an experienced, reputable attorney in your area who handles domestic violence cases. By the nature of the injuries described, it may be filed as a felony. You have several potential defenses.
There is nothing your friend can do to reduce the charges. Hiring a highly skilled, criminal defense lawyer with experience handling resisting arrest cases, which is the most serious of the offenses charged, is the best thing he can do.
What is your question? If you are asking if that was legal or illegal, it depend on whether you were on probation or parole for a conviction and you agreed to, among other terms and conditions, to provide a DNA sample. I suggest you consult with the attorney who represented you on that subject....Read more »
VC 12500 is a "wobbler" meaning it can be charged as a misdemeanor or as an infraction. In most instances, the charge is reduced to an infraction with a fine (no probation) or even dismissed in the "interests of justice" if you hire an attorney.
I don't know what you meaning by "grooming" but it would not be a good idea. If you were to engage in any sexual activity (not merely intercourse but "petting", oral, sending each other pic's of yourselves nude, etc.) you could be charged with lewd acts with a minor,...Read more »
The DA's Office files the criminal complaint. If, as I suspect, your husband was convicted of a non-violent felony to be in the MCRP, it's unlawful for a him to be in possession of a firearm which is a separate felony charge.
By telling the police that gun was yours, you also...Read more »
It depends on the probation you received for the 1st conviction and what you are currently charged with allegedly intending to sell . If heroin, meth or coke, you're going to do significant jail time. https://johnkaraslaw.com/practice-areas/drug-crimes/
If you are charged with a felony, you absolutely will be taken into custody. If a misdemeanor, it depends on the nature of the offense (some yes, some no). If it is only a traffic ticket, most likely not. You're best course of action is to hire an attorney to handle it for you....Read more »
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