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Questions Answered by Richard W. Noel
1 Answer | Asked in Criminal Law on
Q: Does anything happen to someone that was threatened into complying with a crime?

Clarifying that this is just for a thing I'm writing. The character in question was threatened by a serial killer (in multiple ways) to comply (cover-up/fabricate evidence, omit their witnesses, etc) with their murders. Would any legal punishment happen to this character under this... Read more »

Richard W. Noel
Richard W. Noel
answered on Mar 2, 2022

What you're describing is the defense of Duress. And most of the time, murder isn't a crime for which the defense can be raised. There is generally a whole host of things needed to be proven to be successful including immediate threat, well-grounded fear, no reasonable opportunity of... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: In Illinois can a passager be charged with a driver's firearm if the driver is admitting that it is their firearm
Richard W. Noel
Richard W. Noel
answered on Mar 2, 2022

What you're describing is a common argument for possession of guns when a person is a prohibited possessor. And the answer is generally YES. A person can still be charged. There is such a thing as constructive possession. Whether the State is successful depends on the specifics of that case.... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation on
Q: If a 40 year old man steals money and is living under the roof of his parents can I sue his parents for the money
Richard W. Noel
Richard W. Noel
answered on Mar 2, 2022

You're assuming that somehow adults are still responsible for the acts of their grown child? That would be akin to the Goldmans suing O.J.'s parents for wrongful death....However, if the parents helped facilitate the crime in some way...that's a different story. But you'd need... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: I was charged with DV disturbing the peace. Can I still buy guns

Am I allowed to have guns in other states? Theres so many different ways to look at it

Richard W. Noel
Richard W. Noel
answered on Mar 2, 2022

Generally under federal guidelines, anyone with a Domestic Violence charge on their record won't pass a federal background check to purchase firearms.

1 Answer | Asked in Consumer Law, Criminal Law and Federal Crimes for Florida on
Q: I want to ask about fraud and romance fraud and being deceived into investing money

I was investing in a man I thought I would marry and found out he was married. What can I do about getting my money back?

Richard W. Noel
Richard W. Noel
answered on Mar 2, 2022

Did you file a police report for fraud? That's about the extent of what you can do in the criminal realm. You may be able to pursue civil claims for fraud. I suggest speaking with an attorney. Good luck.

1 Answer | Asked in Criminal Law, Banking, Business Law and Identity Theft for New York on
Q: hi. My wife took an imposter to sign on my behalf at a check cashing place.

the check was deposited into an account ,she claimed the person who had the same first name and last name as me as her husband to cash out $2400 stimulus check in may of 2020,I came to find out about the check cashed in march 2021,Irs sent me a check copy in August 2021,I made a police report but... Read more »

Richard W. Noel
Richard W. Noel
answered on Mar 2, 2022

If I was in your situation, I would gather all of the information, hire a civil attorney, and sue her and the imposter for the amount of money stolen, as well as the cost for litigation. After filing the suit, I would also subpoena the place for footage of the transaction. Hopefully it still... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: If you're arrested for drug possession, is a drug test administered? If so, what happens if you pass it?

Would the charges be lesser, or could it be argued you had intent to distribute if you had drugs on you but none in your system?

Richard W. Noel
Richard W. Noel
answered on Mar 2, 2022

This is a general answer to your question and not specific to your jurisdiction. However, drug possession is drug possession. It doesn't require one to use the drugs. Intent to distribute is generally based on the amount of drugs a person is possessing. If you have a pound of meth, and you... Read more »

2 Answers | Asked in Criminal Law for Louisiana on
Q: If I accept all responsibility for a felony theft charge, will my co-defendant be able to walk free.

My significant other and I are charged with felony theft. I have struggled with addiction for years and brought him down with me. He was doing it all for me essentially so I don't want him to take any responsibility.

Richard W. Noel
Richard W. Noel
answered on Feb 22, 2022

No one can tell you what will happen. I've seen situations where a co-defendant takes responsibility for stolen items. However that won't necessarily stop a prosecutor from continuing to move forward with a case if the evidence supports a potential conviction. I suggest speaking with your... Read more »

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2 Answers | Asked in Criminal Law for Utah on
Q: Are there lawyers that specialize in Board of Pardon issues?
Richard W. Noel
Richard W. Noel
answered on Feb 22, 2022

Yes. Generally there are attorneys who help with pardons and board of clemency issues specifically.

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1 Answer | Asked in Criminal Law for Florida on
Q: I was on ROR and missed my arraignment hearing
Richard W. Noel
Richard W. Noel
answered on Feb 20, 2022

There's no question posed here. Are you wondering what might happen? If you miss a court hearing you likely have a bench warrant issued for your arrest. Speak with your attorney. They may be able to clear this up for you. If not, you're going to have to appear in court and get your... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: My wife was charged with obstruction of Justice for not telling law enforcement where a relative was at he wasn't at her

House. Can she be charged with a felony or a misdemeanor

Richard W. Noel
Richard W. Noel
answered on Feb 20, 2022

The short answer is anyone can be charged at any time for nearly anything as long as there's probable cause. The better question is can she be convicted of the crime for which she's being charged. That depends on the evidence that's available. An attorney needs to review the case and... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: If the state intentionally does not give 100% of the evidence used for search warrant, what can be done?

A friend of mine has already pled guilty but is awaiting sentencing. If the prosecution lies about the basis of a search warrant what can be done? Lawyer continues to lie to client, sweeps it under rug and when confronted, he went off! I no longer trust the lawyer and now I need to know if the... Read more »

Richard W. Noel
Richard W. Noel
answered on Feb 20, 2022

I can't speak to your jurisdiction specifically. But in mine, a Defendant has to ask the court to withdraw from a plea and show the court it's necessary to correct a manifest injustice. It's a very tough standard here. If evidence has been withheld from the defense by the... Read more »

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2 Answers | Asked in Criminal Law for Kentucky on
Q: My child had a fight on a school bus and might be arrested in the state of Kentucky
Richard W. Noel
Richard W. Noel
answered on Feb 20, 2022

There is no question here. However I suggest you consider hiring an attorney who can represent your son. Also make sure no one makes any statements to police if questioned. Good luck.

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1 Answer | Asked in Criminal Law for Oregon on
Q: Son been in jail since Jan 22, and hasn’t talk to a lawyer yet, is this against his rights

His pod has COVID. Thing keep getting postponed.

Richard W. Noel
Richard W. Noel
answered on Feb 16, 2022

In my jurisdiction it is extremely common for pods to get COVID and as a result everyone's court dates got postponed for a long time. Speedy trial rules were suspended at the start of the pandemic here. I'd guess similar things happened in most.

1 Answer | Asked in Criminal Law for Arizona on
Q: Can I face criminal prosecution for writing fantasy role-play emails to someone I met on a sexual dating service?

I encountered Janet through alt.com an online dating service that specializes in Dominant/submissive relationships.

When we were about to meet in person, suddenly she had to go to Nigeria for a big inheritance.

While waiting for processing, we exchanged explicit emails -- mostly... Read more »

Richard W. Noel
Richard W. Noel
answered on Feb 15, 2022

Let's think this through.... A woman you've never actually met was arrested in Nigeria for something you had nothing to do with. But you've been told by her "lawyer" that you need to pay $4500? That's called a shake down. And you're being taken for a ride as a... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Washington on
Q: I got pulled over for using my cellphone while driving and I was not. Because of stop drugs were found. Was that legal?

The never actually saw a cell phone in my hand. He said he saw my hand by my ear and my mouth moving....that's because I was singing.

Richard W. Noel
Richard W. Noel
answered on Feb 11, 2022

If the officer had a "good faith" basis for the belief (and it sounds like they probably do), it may be ruled to be a good stop. However, you should consider speaking with your attorney and seeing if you have a defense for suppression.

1 Answer | Asked in Criminal Law for Illinois on
Q: what type of lawyer would i need for my 23 year old son being alledgedly accused by a 15 year old girl
Richard W. Noel
Richard W. Noel
answered on Feb 11, 2022

A criminal defense attorney. Get one now before he's brought in for questioning.

1 Answer | Asked in Criminal Law for South Carolina on
Q: I'm trying to get my son a mental evaluation and possible commital, he's 19 and currently in jail
Richard W. Noel
Richard W. Noel
answered on Feb 11, 2022

I can't speak to your jurisdiction, but in mine, the attorney generally has to bring these issues up in court to have them order a mental evaluation by doctors. Even then, the attorney has to believe the Defendant won't be able to help participate in his own defense. Otherwise the jails... Read more »

2 Answers | Asked in Criminal Law for Idaho on
Q: How can I get a discovery packet in Idaho before hiring a lawyer? This is for my fiancé, I am not listed on the case.

He has already been sentenced and is serving his time. We are trying for a post conviction, but lawyers don't seem to want to look at the case without this. The lawyer who represented him won't give us the full discovery packet. I contacted the clerk in the county he was prosecuted, they... Read more »

Richard W. Noel
Richard W. Noel
answered on Feb 11, 2022

Part of the problem is that you're not the attorney of record nor the Defendant. I have no idea what the nature of the crime was, but discovery packet could include police reports, body cam, dash cam, witness statements, and minute entries from the court. The arresting agency may provide... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence on
Q: I am wondering how and if it’s possible to retract or withdraw a statement made to the police in order to drop charges

I don’t want my partner to have a criminal record or to have to spend any time in jail over an argument we had

Richard W. Noel
Richard W. Noel
answered on Feb 10, 2022

No. Not really. Once the police have a statement in a report, it's there to stay.

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