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Questions Answered by Richard W. Noel
1 Answer | Asked in Criminal Law for South Carolina on
Q: Can a person be taken to trial for armed robbery, if the monies was returned before the trial..
Richard W. Noel
Richard W. Noel
answered on Feb 6, 2022

Of course. Returning the money doesn't undue the crime of robbery. It might help at sentencing though if your attorney can use it to demonstrate remorse.

1 Answer | Asked in Criminal Law for Arizona on
Q: How an I obtain information on an out of state sealed indictment only the police have been able to see 10yrs old?

I have tried to contact the courts and police departments in said out of state county to no avail.

Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

My question to you would be "why do you need a 10-year-old indictment?" Generally grand jury indictments are sealed and you are NOT privy to them. They're secret proceedings. Being that it's 10 years old, you would need some grounds to convince the court to give you a sealed... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: If the a prosecutor depends solely on 404b evidence to convict on a criminal case will the judge allow 404b evidence?

If the prosecutor depends on prior acts to get a conviction does that mean the case is weak? I'm being tried on a promiting prison contraband charge and I was never found in possession of the actual contraband. It was found in my living area.

Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

Every piece of evidence in a case is always subject to a 403 analysis. That means if the evidence is good and can be admitted, it still must be shown to be "relevant" an "not unfairly prejudicial". Whether a case is strong or weak is entirely on a case-by-case basis and... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Arizona on
Q: Ex recorded a phone call between me and him for the police but he is a convicted felon is the recording inadmissible

Since he is a felon is the recording inadmissible or is it valid? Can police use felons to try to get things on you.

Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

do you know how many criminal informants are felons? And every jailhouse snitch is probably a felon. So the answer is YES. Felons are used all the time to help secure convictions. That recording CAN be admissible. But that doesn't mean it MUST be. An experienced attorney who knows the rules of... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: How can I give the court a character letter if I don’t have the public defender’s information
Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

Have you spoken with the defendant? You should be able to look up the case in the public record and it will list the Public Defender's information. Then you can call their office and figure out how to send them the letter (whether snail mail or email).

1 Answer | Asked in Criminal Law for Arizona on
Q: how much time would my husband be looking at for these charges Charge: 10 Counts of [POSS WPN BY PROHIB PERSONDANGEROUS

not his first time and has pending drug charges

Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

Generally a Class 4 Felony can lead to a lengthy sentence. However, how long generally depends on how many priors one has. Presumptive sentence is 2.5-12 years depending on priors. That is per count. There's always a possibility of those being run consecutively (stacked) or concurrently... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: I need legal representation immediately but I don't have any money can someone please help
Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

A free attorney is a Public Defender. You need to request one from the court, who will make you jump through a few hoops to determine if you're indigent. If so, your case will be assigned to a public defender. As a former Deputy Public Defender I can say they have a horrible reputation from... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: if the witness was fabricated, how does the case still move forward from the initial arraignment?

can the accused (incarcerated presently) attend an arraignment without legal representation and no witness?

Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

Arraignments aren't a time for witnesses to be present generally. That's typically a Grand Jury indictment or Preliminary Hearing. If you cannot afford an attorney, one will be appointed to you. Usually before the arraignment. If you "can afford one" but didn't, the judge... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Arizona on
Q: Can I get out of jury duty for saying?

Can I get out of jury duty if I tell them my opinions wouldn’t be fair as a juror? Such as, I always side with law enforcement on every issue, which would make me too biased on the jury.

Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

No attorney worth their salt would undermine the process of Jury Duty by telling you what you should say to get out of it. As much as people dread it, our society couldn't function without citizens willing to sit through trials and examine evidence to reach a conclusion.

1 Answer | Asked in Criminal Law for Arizona on
Q: In felony murder cases does everyone involved get charged or can the prosecutor decide who he will charge?
Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

The prosecutor always has the last say in who will be charged with what, and that's generally based on the available evidence when the case is presented to them. However, in the case of felony murder, if you're in AZ, I would suspect that anyone present and "involved" in the... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: If contacted by a detective about a stament I mabe do I need to talk to them
Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

You're not obligated to speak with detectives at this point. However if you choose to, you really should only do so with an attorney present to represent you. Good luck.

1 Answer | Asked in Criminal Law for Nevada on
Q: I received 4 checks in the amount of $500 from a guy I met online. He digitally sent me the 4 checks and I mobile depos

Deposited them into my account. Once the 1st check cleared my account was drained of all the money in it to where I was hundreds in the negative. I notified my bank explaining all this. Now my account is locked and my account is in the negative and the bank that the checks were from marked the... View More

Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

This is a very common scam. Hopefully your bank will be understanding of your situation. But it's a tough lesson to learn.

1 Answer | Asked in Criminal Law for North Carolina on
Q: Do law enforcement need a warrant to place GPS on vehicle?
Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

Yes. The U.S. Supreme Court ruled a long time ago that a warrant is required for police to place a G.P.S. tracker on a person's vehicle.

2 Answers | Asked in Criminal Law for Iowa on
Q: Once a judge accepts a plea with a certain sentence can the judge change that sentence

The plea was for unsupervised probation, and after the judge accepted the plea changed it to supervised probation, can they do that?

Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

Generally once a plea has been accepted, that includes any stipulated sentence. However, in my jurisdiction, the judge has authority to decide the length of probation at sentencing. If a judge rejects the plea for some reason, the defendant will generally have the option of withdrawing the plea.... View More

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