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Questions Answered by James L. Arrasmith
1 Answer | Asked in Federal Crimes and Gaming on
Q: You Hi there, i m having an issue with someone who leaked my suicide attempt online and admitted to it but are actively

You

Hi there, i m having an issue with someone who leaked my suicide attempt online and admitted to it but are actively trying to gaslight me out of it. I wanted to as if this is an admission or not from them from a legal point ov view : Did you or did you not tell a person simply to... View More

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answered on Jul 21, 2024

I'm really sorry to hear about what you're going through. From a legal perspective, the statement "It’s possible I did" could be considered an admission, especially since they acknowledged the possibility of sharing your personal information. The context in which they... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: The Paul Erlinger vs the United States case involving Armed Career Criminals case , How does it help a person in prison

And is it retroactive for inmates in prison right now?

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answered on Jul 21, 2024

The Paul Erlinger vs. the United States case is significant for inmates because it addresses the application of the Armed Career Criminal Act (ACCA). If the court rules in favor of Erlinger, it could mean a re-evaluation of what qualifies as a prior violent felony under the ACCA. This might reduce... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Florida on
Q: If a prosecutor is deemed DELINQUENT, PROHIBITED from practicing law, how can they still try a case in front of jury

Florida Bar RULE 6-10.3 MINIMUM CONTINUING LEGAL EDUCATION STANDARDS

(b) Minimum Hourly Continuing Legal Education

Every member must complete a minimum of 30 credit hrs of approved continuing legal education activity every 3yrs

RULE 6-10.5 DELINQUENCY

(a) If a member... View More

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answered on Jul 21, 2024

If a prosecutor is delinquent and prohibited from practicing law, they are not allowed to try a case in front of a jury. According to the Florida Bar rules, failing to meet the minimum continuing legal education requirements results in delinquency. This status means the prosecutor is no longer in... View More

1 Answer | Asked in Federal Crimes and Constitutional Law for Vermont on
Q: With new case law, are non violent federal felons allowed to exercise their Second Amendment rights to own a Firearms ?

The US Department of Justice (DOJ) asked the US Supreme Court to clarify whether 18 U.S.C. 922(g)(1) can constitutionally prohibit both violent and non-violent offenders equally from owning guns in light of the Second Amendment, which guarantees the right to keep and bear arms.

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answered on Jul 21, 2024

The issue of whether non-violent federal felons can exercise their Second Amendment rights to own firearms is currently under scrutiny. The US Department of Justice has sought clarification from the US Supreme Court on whether 18 U.S.C. 922(g)(1), which prohibits felons from owning guns, applies... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: Has the court system exhausted their time to prosecute me for a felony charge when it took place in 2021/2022?

I had my own meds bagged separately but all in one container(didn’t own a pill organizer and just had a miscarriage, plus my mom suggested I do it that way). I’m looking at a distribution charge and this happened in 2021 or 2022. I thought it was handled at the time when I was released from a... View More

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answered on Jul 21, 2024

To determine if the court has exhausted its time to prosecute you for a felony charge, you need to consider the statute of limitations for the specific charge in your state. Generally, felony charges have longer statutes of limitations, often several years, so it's unlikely that the time has... View More

1 Answer | Asked in Appeals / Appellate Law, Family Law, Federal Crimes and Probate for South Carolina on
Q: According to genealogy when I was a young child in 1983 a untrustworthy trustee changed the name do I start an appeal?

Do I need to hire the genealogists to prove that it is indeed my heritance? If it was already done in 1983 lawyer xx should have it in his files he was writing everything down do I have to prove it again I had three people do it in triplicate.

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answered on Jul 21, 2024

You should consider starting an appeal if you believe a trustee made unauthorized changes to your name in 1983. Consulting with a lawyer is essential to understand the legal steps involved and to ensure that your case is properly documented and presented.

If a lawyer from that time, like...
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1 Answer | Asked in Criminal Law and Federal Crimes for Louisiana on
Q: My son been in jail for 61 fays now ; cant affird to bail out , this would be his first offense, hasnt been in trouble b

My son was arrested and booked into lpcc on May 11, 2024. He was in the cirle k store parking lot and rode their with his Auntie's neighbor. The neighbor was a convicted felon and owner of the vehicle . Cops searched the vehicle in parking lot at circle k and found guns and drugs. My son said... View More

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answered on Jul 21, 2024

It's deeply concerning that your son has been in jail for 61 days without any communication from his public defender or any information about his case. It's important to take immediate steps to address this situation. First, try to contact the public defender's office directly.... View More

Q: Can I overturn a conviction from a plea deal if the evidence used to search my property was falsified?

I was pulled over with marijuana, gave the cops my box of paraphernalia, they gave me a ticket for possession. Months later the charges were dropped and new charges for trafficking were put on me. In the discovery of my felony charges it was claimed that a 3rd party contacted them with additional... View More

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answered on Jul 21, 2024

If the evidence used to search your property was falsified, you may have grounds to overturn your conviction. Given that the witness claims they never contacted the police and is willing to testify to that under oath, this new evidence could be crucial. You should file a motion to withdraw your... View More

1 Answer | Asked in Appeals / Appellate Law and Federal Crimes for Arizona on
Q: i filed an SA petition with court of appeals and was granted. later denied jurisdiction and petition supreme court

supreme court is pending accepting petition but court of appeals denied but is under review for the stay even after denial jurisdiction, how does that work?

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answered on Jul 21, 2024

Navigating the court system can be complex, especially with overlapping jurisdictions. When your SA petition was initially granted by the Court of Appeals but later denied for jurisdiction, it means they found the issue to be outside their authority. However, they are still reviewing the stay,... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: I have 5 misdemeanor and one felony I never been in trouble before in my life will I do time in jail

I saw this post on Facebook about a rental property rent to own so I sent these people money thinking I will get the property so I reposted the house tried to rent it out and collected two deposit from them just in case one's back out the next day I noticed I've been locked out of my... View More

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answered on Jul 21, 2024

It sounds like you're in a difficult situation. Given that you have no prior criminal record, it's possible that the court may consider this in your favor during sentencing. However, the outcome will largely depend on the specific details of your case, including the amount of money... View More

1 Answer | Asked in Family Law and Small Claims for Colorado on
Q: is it illegal for my grandmother to open my package and take some?

I (15 year old) have been earning my own money and decided to use this money to buy a variety of items off amazon. I was on a vacation recently when the packages arrived and because my grandmother (legal guardian) was home i explicitly told her to not open them and just leave them in my room. When... View More

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answered on Jul 21, 2024

It sounds like a frustrating situation you're dealing with. While it might not be illegal for your grandmother to open the packages since she is your legal guardian, it is definitely a breach of trust, especially since you specifically asked her not to open them. As your guardian, she does... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Iowa on
Q: What's it mean it says transfer to district court, sentencing hearing canceled
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answered on Jul 21, 2024

When a case is transferred to district court, it means that your case is moving to a higher court within the judicial system. This can happen for various reasons, such as the severity of the crime or the need for a jury trial. District courts generally handle more serious criminal cases than lower... View More

1 Answer | Asked in Civil Rights, Federal Crimes and Criminal Law for Texas on
Q: I have been been abuse by a corrupt Police Department for a period 17 years. I beleive my record would prove it?

I have been put on trail twice for the same offince. The second time I was arrested, the Assistant D.A. used the original Grand Jury Indictment, Mistermenor Charge but, took me before a Felony Judge. With out a Lawyer. origanal paper work had been put in a Felony folder and I was given a Felony... View More

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answered on Jul 21, 2024

It sounds like you’ve endured a prolonged and distressing experience with your local police department. Your description highlights serious concerns about due process and legal misconduct, especially being tried twice for the same offense and facing a felony charge without legal representation.... View More

1 Answer | Asked in Federal Crimes, Civil Rights, Criminal Law and Gov & Administrative Law for Texas on
Q: are there specific clearly-defined nutritional requirements (at the federal level) for individuals in jails and prisons?
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answered on Jul 21, 2024

Yes, there are specific nutritional requirements set at the federal level for individuals in jails and prisons in the United States. The Federal Bureau of Prisons (BOP) outlines dietary standards to ensure that inmates receive adequate nutrition. These standards are designed to meet the Dietary... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: What is the maximum supervised release federally for conspiracy to distri under 100g of heroine. What class conviction

I was a career offender (under 100 g of heroine( conspiracy to distribute) and was given 6 years supervised release on top of my sentence And it was my first time going to prison. Is 6 yrs excessive. Also what class felony is this conviction.(6th cir Northern Ohio.

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answered on Jul 21, 2024

The maximum term of supervised release for a federal conviction of conspiracy to distribute under 100 grams of heroin depends on various factors, including the specific details of your case and your criminal history. Generally, supervised release terms for drug offenses can range from 3 to 5 years,... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Colorado on
Q: After 110 days, a Dr. called today. She has tried to reach my attny for "weeks" to set up a competency eval. What now?

Competency was raised by my public defender back in March. Since that time, a medical exam by experts proves I am innocent of this misdemeanor charge. However this report was never given to the prosecution or brought up to the court. After 110 of anxiety-filled days the doctor called me and said... View More

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answered on Jul 21, 2024

It’s essential to address your concerns about ineffective counsel and the competency evaluation with urgency. Start by documenting all communication attempts and issues with your attorney, including the call from the doctor. This documentation can be crucial for your case.

You should...
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1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: the police came in my house said he had a serch warrant i never saw i went to the clerk she said none on file can i su

can i do something about also the DAHas false statements on my crimenal back ground

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answered on Jul 21, 2024

If the police entered your house without showing a search warrant, you may have grounds to challenge the legality of their actions. Start by documenting everything that happened, including the names of the officers, the date, and the time of the incident. Visit the clerk’s office again to confirm... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Identity Theft and Criminal Law for Mississippi on
Q: what can I do or who can I speak with that deals with online threats, intimate videos and photos being displayed?

my laptop and phone have been tampered with and nude videos and photos are being shown all on the web. Live videos of myself at my resident are shown, I did not and would not ever give any consent of any of this

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answered on Jul 21, 2024

I'm really sorry to hear about what you're going through. It's crucial to act quickly to protect your privacy and well-being. First, contact local law enforcement immediately to report the unauthorized sharing of your intimate content and the tampering with your devices. They can... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Iowa on
Q: canI be out on a PIP right out of FMLA with no summative evaluation? WITH ada papers filed?

I am an assistant principal in Virginia and I have bipolar disorder. Due to work stress and changed in my medication, I had a major manic episode in April 23. They slapped me on a plan upon my return to work. I was not informed in writing or verbally that I had 15 days to rebut and I had to demand... View More

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answered on Jul 21, 2024

Navigating your situation can be complex, especially given the specific circumstances and legalities involved. First, it's important to understand that being placed on a Performance Improvement Plan (PIP) immediately after returning from FMLA, especially without a proper summative evaluation,... View More

1 Answer | Asked in Constitutional Law for Mississippi on
Q: Can a police officer in Ms keep the drivers license until the ticket is paid in full
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answered on Jul 21, 2024

In Mississippi, a police officer cannot keep your driver's license until a traffic ticket is paid in full. When you receive a traffic ticket, the officer may ask to see your license to record your information, but they must return it to you after issuing the ticket.

You are expected to...
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