Get free answers to your legal questions from lawyers in your area.
answered on Mar 15, 2022
It depends on the terms of the agreement. They often have an expiration date. Also, in my jurisdiction, if one turns down a plea offer, they likely won't get another and if they do, it's usually a lot worse for them. Unfortunately one does not have a constitutional right to a plea offer.
They are serious drug charges and this is his 4th time around but that shouldn't matter, I'm thinking that's what Miranda rights are to be read is so people remember their rights.
answered on Mar 15, 2022
If a person isn't properly Mirandized, an attorney can argue to have any statements made during the questioning suppressed. That's not the same as a dismissal. If a person is on parole, they have a much less diminished expectation of privacy when it comes to searches. Finally, warrants... View More
answered on Mar 15, 2022
The short answer is "in plain view." If it's in the trunk or under the seat, the officer isn't going to find it at a glance, to get probable cause.
Does that make a difference? I don't want to end up back in federal prison for a air rifle.can you please help
answered on Mar 14, 2022
You need to speak with your attorney about this. They're the only ones who can review the evidence and give you guidance. Good luck.
Protective order vacated and the case is fully dismissed as of 12-18-2021
answered on Mar 14, 2022
If the case is dismissed, you're likely good to go. However, you won't know until you try.
answered on Mar 14, 2022
what's your question? If he showed up to court, he'll likely go in front of the judge for the hearing, despite being late.
answered on Mar 13, 2022
No. There's no constitutional right to challenging a grand jury. Your constitutional right is a finding of probable cause before charges against you can proceed. That's the job of the grand jury. There may be a mechanism in your jurisdiction to challenge. In mine, it is very difficult and... View More
And they said they were searching it anyways is that legal
answered on Mar 12, 2022
There's not really enough information to give you any real advice. However generally a traffic stop by itself does not allow an officer to search your vehicle unless he sees, hears, smells something that rises to probable cause. If you had something in plain view, that's enough. Otherwise... View More
I was a passenger, had just gotten off of work. We had been pulled over because the drivers tags didn’t match the vehicle. I had no idea about it. They got my I. D. And ran both our names. Both clear. Then they came back to the vehicle and told us they were gonna do a search of the vehicle. As I... View More
answered on Mar 12, 2022
I can't speak to your jurisdiction specifically, but fictitious plates on a car arguably give an officer probable cause to search the vehicle. However you need to speak with your attorney who can try to help you with a defense or suppression motion. Good luck to you.
Charges for trafficking / methamphetamine. He is falsely accused of this charge has a court date march23 need to know what advice you can provide for me
answered on Mar 12, 2022
I suggest if you speak with him, have him request appointment of an attorney at his next court hearing, or hire one if you can afford it. They will be able to help him with a defense. Since you're not an attorney, you're likely not going to get much information from anyone regarding the... View More
My recent roommate was being evicted and she had some guns that she said were her late boyfriends and she asked me to take them to a pawn shop because she has a criminal record and couldn't pawn them she said. I did and later found out they didn't belong to her and the person they did... View More
answered on Mar 12, 2022
I suggest hiring an attorney if you're contacted by police. Don't make any statements to them or anyone else if you are. Also, if she's not able to possess the guns, I doubt she's going to call the police and report it. That would put her in direct violation of law. In the... View More
I've done all the leg work but need a Pro Bono lawyer before I go to AG. office. They should be versed in Civil Rights
answered on Mar 12, 2022
You are going to have a hard time finding a pro bono attorney who can afford to take the time to work your case. Most of us have mouths to feed and can't afford to spend a hundred hours of case work for free. However there may be organizations in your area that can provide no or low-cost legal... View More
I asked him why he was not answering any of my calls/text regarding our child. He decided to flip the switch and play victim. “I don’t have to speak to you.” Okay but we have a child together. There is no reason for us to be bitter and fight. The conversation turned bitter and he finally... View More
answered on Mar 12, 2022
Yes. At the end of the day, it's up to the prosecutor whether charges against you proceed. A victim's wishes are only part of the equation. You're also admitting to assaulting the victim on a public website. Not recommended. I do suggest you speak with an attorney in your area who... View More
answered on Mar 8, 2022
It's a classic situation where she might have even showed you a fake ID. Doesn't matter unfortunately. Might help with a plea deal though. Speak with your attorney. Good luck.
My 18 yr old son& a friend were in a 1car wreck hit a culvert. The police came to seen both boys where out of car. Driver failed breathalyzer was placed under arrest. Then they turn to my son& give him 2 tickets one for no seatbeltthen then minor in position of alcohol catch is there was... View More
answered on Mar 8, 2022
it's pressure from the prosecutor to settle the case early. Yes, it's legal. But not fair. Unfortunately your son needed to speak with an attorney who could review all of the facts available and help mount a good defense. Simply pleading NOT GUILTY and telling the DA you'd consider... View More
Warranty deed looks homemade from mother to husband and refinanced on same day 2 diferant insurment # now he’s tring to sell I’m her daughtery’ need stop all property
answered on Mar 8, 2022
if the Deed meets the requirements of your state, it may be found valid. However that's assuming all of the signatures are authentic. If you feel there may be some wrong doing, I suggest speaking with an attorney in your jurisdiction who may be able to help you ensure your mom's rights... View More
It's about $5k and never received a bill or a notice or anything.
answered on Mar 8, 2022
Not usually, no. Generally court fees and fines will follow you. Best to find a way to pay them or see if your court is willing to put you on a payment plan.
By entire I mean audio and visual from statements given by each person arrested with me that is mentioned in the disclosure.
answered on Mar 2, 2022
You're entitled to basic disclosure and anything that may be exculpatory in nature. Including statements made by co-defendants. Your attorney needs to ask for everything.
answered on Mar 2, 2022
10 years from the date of commission for F2 and F3, 5 years for F4-6.
answered on Mar 2, 2022
Unfortunately you don't have a question posed. However you're free to fire your attorney at any point and hire a new one. Many, myself included, will consult with you at no charge. Good luck to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.