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Questions Answered by Richard W. Noel
1 Answer | Asked in Criminal Law and Identity Theft for Arizona on
Q: How can I find a pro bono lawyer?

I wasn’t sure which box to check for burglary, but I am reaching out for a long time family-friend of mine who is already incarcerated. I believe he was working with a court appointed attorney here in Pima county but she does not keep in contact. He has not heard from her for quite some time, to... View More

Richard W. Noel
Richard W. Noel
answered on Feb 9, 2022

Pro Bono attorneys are public defenders. That's what he has. They aren't private attorneys. As a former deputy public defender I can confidently say they have a huge caseload of hundreds of other cases. They don't have time to "check in" regularly. They're not there to... View More

1 Answer | Asked in Civil Rights and Criminal Law for Arizona on
Q: Arrested on possession charges I was asleep in my vehicle and I woke up to police in my car searching my purse 4th am?

After ten minutes of searching they say they found heroin next to my shifter and come and ask me if it was heroin. They told me they had probable cause to search. How can this be if they found drugs ten minutes after there search. Just because I was sleeping. Does that mean they can enter my... View More

Richard W. Noel
Richard W. Noel
answered on Feb 9, 2022

I don't entirely understand your question. If there was something that "through training and experience" an officer believed something to be heroin in plain view, they have probable cause for a search. Was there body cam? Dash cam? I suggest speaking with your attorney who can review... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Is it legal for a judge presiding over a grand jury to assign the case to himself if the case is moving forward?

Also is it normal for a grand jury to deliberate for only 4 minutes?

Richard W. Noel
Richard W. Noel
answered on Feb 9, 2022

What you're describing sounds odd. And to answer your other question, it's not abnormal. Grand juries aren't given a lot of information to make a probable cause finding. Therefore, they don't take long to deliberate that a crime was probably committed and that the defendant probably did it.

2 Answers | Asked in Criminal Law and Family Law for Kentucky on
Q: hi

hi, so i was involved in an incident my ex boyfriend threw 2 phones at my head and busted out my friends window so hard it hit my eye and left a bruise and a scar that’s going to be there for the rest of my life. i got a epo, they never served him the papers nor me. i have contacted him since... View More

Richard W. Noel
Richard W. Noel
answered on Feb 9, 2022

Unfortunately I don't understand what your question is. If you want to cooperate with police, let them know that and they will pass that info on to the prosecutor who files the formal charges. Whether an EPO is necessary or not, a judge would probably issue a no contact order regardless, just... View More

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1 Answer | Asked in Criminal Law for Georgia on
Q: Ifon bond for aggravated assault and battery-family violence Will being arrested for harrasing phone calls revoke bond
Richard W. Noel
Richard W. Noel
answered on Feb 9, 2022

It's entirely possible if a term of release is "no contact" and a person continues to harass someone, yes. A judge could very well revoke bond.

1 Answer | Asked in Criminal Law for Georgia on
Q: How can a perzon be charged murder if they have no evidence
Richard W. Noel
Richard W. Noel
answered on Feb 9, 2022

There's always "evidence." Whether the evidence is strong or weak is something an attorney needs to review, and a jury will eventually review to determine guilt. If there was truly "no evidence" that person would have never been charged.

1 Answer | Asked in Criminal Law, Family Law and Federal Crimes for New Mexico on
Q: If a man's wife stabbed him and he didn't want press charges but state did will she go to prison

She was on probation for same thing when this happened

Richard W. Noel
Richard W. Noel
answered on Feb 9, 2022

A person may choose not to cooperate with a case once a person is charged with a crime. However, a husband not wanting to press charges doesn't necessarily mean the case goes away. The prosecutor may have enough evidence to proceed without the husband's cooperation. Whether she goes to... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: I have been charged with felony possession of firearms by certain person because I sold a gun to a pawn shop what

They are also revoking my probation I am a prior felon

Richard W. Noel
Richard W. Noel
answered on Feb 9, 2022

I don't see a question here. You need an attorney to help with both the probation violation and the new charge. Good luck.

2 Answers | Asked in Criminal Law and Animal / Dog Law for Texas on
Q: I was asked to go down for questioning on a crime that they said I did they want me to go give a statement but idk why

I took my dog from my mothers house and her fiancé called the law and said I broke into the house when I didn’t go inside I simply opened the door after seeing my dog and left with her then got callas demanding her back after I called my mom and told her I took my dog . Now they want to press... View More

Richard W. Noel
Richard W. Noel
answered on Feb 9, 2022

You need to hire an attorney and bring them with you when you are questioned. Don't speak to anyone without an attorney and don't speak to your mother or her fiance about it.

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1 Answer | Asked in Criminal Law on
Q: Do I have to pay remainder of fixed fee agreement if I received a DA reject

Was placed in bookings then temporary county jail in Los Angeles

Recieved the DA reject without going to court but attorney was partially paid for beforehand and now asking for more money

Do not know reason of da reject and or if CA office is planning to investigate or reject case as well

Richard W. Noel
Richard W. Noel
answered on Feb 8, 2022

You need to read the agreement you signed. A fixed fee often covers disposition of the case, whether through plea, diversion, or trial. If you feel no work was done, you should consider trying to work with the attorney to come to some new agreement.

2 Answers | Asked in Criminal Law for Ohio on
Q: If someone totalled my car going 115 over a hill while impaired on drugs and alcohol, and runs from the scene…

Would the cops charge him or would I have to charge him? They have evidence I wasn’t the only person in the car and in the accident report I am the passenger. He also called his mom and said he x up

Richard W. Noel
Richard W. Noel
answered on Feb 8, 2022

To be clear, you can't charge anyone with anything. All you can do is report the crime and let the police know you're willing to cooperate if it goes to trial. It's up to a prosecutor to review the cursory facts and determine whether charges will be brought. You're the victim.... View More

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1 Answer | Asked in Criminal Law for Connecticut on
Q: what should i do when i'm in court

INTERFERE WITH OFFCR/RESISTINGA

Richard W. Noel
Richard W. Noel
answered on Feb 6, 2022

Bring an attorney. If you can't afford one, ask the court to appoint one.

1 Answer | Asked in Criminal Law for Virginia on
Q: I have a Spyware app on my daughters phone if a recording of child abuse is on it would it be legal evidence?

Only I know the app is on the phone.

Richard W. Noel
Richard W. Noel
answered on Feb 6, 2022

evidence is neither legal nor illegal. It is merely evidence. Whether it's admissible or not is a different story. It may be or it may not be. Speak with an attorney. Evidence of child abuse in any form, from any source, would carry a lot of weight in a case. Explaining how it came to be,... View More

1 Answer | Asked in Criminal Law for Iowa on
Q: I was riding In car with 2 friends and the cops found 260 gr of meth that was the driver's of the car they charged consp

The driver of the car who the meth belonged to won't say its his

Richard W. Noel
Richard W. Noel
answered on Feb 6, 2022

That's called constructive possession. Speak with your attorney about it and see what if any defenses you might have.

2 Answers | Asked in Criminal Law for Utah on
Q: My neighbors have been talking to the police about supposedly I’m doing crack

I’m clean over two yrs what can I do

Richard W. Noel
Richard W. Noel
answered on Feb 6, 2022

Don't talk to the neighbors. If the police come around, don't speak to them without an attorney present.

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1 Answer | Asked in Contracts, Criminal Law, Family Law and Federal Crimes on
Q: Am I legally allowed to move money from my parents bank accounts before they die with no will

My mother is dying in the hospital right now, but she has no well. And I need money to be able to bury her, so am I allowed to transfer the money out of her account before she inevitably dies without a will?

Richard W. Noel
Richard W. Noel
answered on Feb 6, 2022

If you have legal access to the money via a POA, yes. If not, no. Your mom needs a will or POA drafted, assuming she still has capacity to make one. If not, there are state statutes that dictate what happens to a person's belongings after they pass without a will, and everything would be... View More

2 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Q: I have some questions about criminal charges. I don't understand the structure of charges.

I'm writing a fictional story about someone who broke laws on the federal and state level, and I'm using Georgia as the state law.

Let's say the accused was caught inflicting and trying to inflict physical harm on three officers during the booking process. The accused... View More

Richard W. Noel
Richard W. Noel
answered on Feb 6, 2022

You need to look at the factors that make up each crime. What you're describing is what sometimes is called "lesser included offenses." It allows a jury to find for a lesser crime instead of the main one for which a person is charged. Could each victim result in separate counts?... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: My ex had court for motion to adjudicate a felony probation & court records show NOA & Discovery. What does that mean?

Was given deferred adjudication/5yrs probation for felony assault on family member/impeded airway. Was re-arrested in another county 6 months later (7/17/2021) for continued violence against family member. He plead guilty and was sentenced to 3yrs in TDCJ. Last week he was transferred from TDCJ... View More

Richard W. Noel
Richard W. Noel
answered on Feb 6, 2022

NOA is a Notice of Appearance. It's notice that an attorney must file to let the court know they're on the case.

1 Answer | Asked in Criminal Law for Arkansas on
Q: cop knowingly arrest someone on wrong warrant to be able to search and arrest thrm

Charge dropped but others added that wasn’t correct

Richard W. Noel
Richard W. Noel
answered on Feb 6, 2022

I don't see a question here. If the warrant was bad, the evidence found would be excluded. It sounds like that worked.

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