While I do not know the circumstances surrounding your situation, the way you presented the information makes me think that you have a case pending and part of your release conditions include staying away from a protected person or their residence. I would imagine that the court issued a DANCO or... View More

You are correct in that there is a 3-year statute of limitations for theft (provided the value of what was stolen is <$35,000). However, the statute of limitations (SOL) in criminal matters only applies to whether the person has been charged. For instance, if the offense was committed on... View More

This might seem odd, but the answer really boils down to one question: did your friend turn 18 before or after February 28, 2001 at 12:00 a.m.? If your friend turned 18 after this February 28, 2001 cut-off, (or was born after February 28, 1978 at 12:00 a.m.) he should be able to acquire citizenship... View More

Generally speaking, if a police officer has probable cause to believe that a car has drugs or other contraband, then they are permitted to stop the driver of that car and search it without a warrant. This means that they can temporarily detain you and bring in K9 dogs, etc. while they search... View More

The chain of custody typically starts once information is handed off from store employees to law enforcement. However, the chain of custody can include store employees who are either store detectives or security, or some type of asset protection specialist. Most major retailers have their own... View More

That is a good question. Generally, motions to suppress are filed well in advance of trial. In felony and gross misdemeanor cases, motions must be served upon opposing counsel no later than three days before the Omnibus Hearing—unless the court finds good cause to permit the motion to be made and... View More

That is an excellent question.

The Federal law that you speak of (18 U.S.C. §§922(q); 921(a)(25)) does indeed prohibit possession of a firearm that is within 1,000 feet of a public or public school, but it does NOT apply to possession of a firearm on private property that is NOT part of... View More

Tampering with medical/biohazard waste can engender both civil and criminal penalties, but the penalties vary substantially depending on the context, who the offender was (i.e., a medical employee, company), where it took place, and what the violation was. There are, however, various Federal... View More

Provided that the wrong date listed is a clerical error, you (or your attorney) can certainly bring the error to the Court's attention and ask that they correct it. You can do so by filing a motion to correct the clerical error; in doing so, be sure to identify the page numbers and... View More

As frustrating is it is to have your property taken without your consent, filing a police report and subjecting the person to criminal prosecution is a somewhat of a drastic measure. You might want to ask yourself if it is worth it to do so, or if there are other measures you can take to have your... View More

It is highly unlikely that the person will be deported under the circumstances you described. In the world of immigration law, shoplifting and other crimes of dishonesty are called "crimes involving moral turpitude" (CIMT). A conviction for a CIMT can indeed affect a person's... View More

Generally speaking, a defendant cannot be required to stand trial if they are not mentally competent or fit to do so. Competency in the legal sense requires, at minimum, that a person be able to understand the nature of the proceedings against them and play a role in their own defense. In a 1975... View More

Yes, you can rescind a no-contact order if both parties consent to future contact. To drop it, would need to go back to the court that issued the no-contact order and file a motion to dismiss the order. The motion should include an explanation about why you want to drop the restraining order.... View More

Unfortunately, the jail time will not count towards treatment. It sounds like the drug court judge placed a detainer hold on her, meaning that she will not be released from the jurisdiction she is currently in until she undergoes treatment, regardless of the warrant/bail situation in the second... View More

I know that this likely will not be the answer you want to hear, but the person unfortunately will have a detainer lodged against them in the first county, meaning that the first county jail cannot release that person until after (1) first probation violation is resolved and (2) the person is... View More

The answer is: it depends. Generally speaking, if a person is convicted of a crime and sentenced to prison for that crime, then it follows that they must be released from prison if the predicate conviction was vacated on appeal. Unless the person was convicted of multiple offenses that carried... View More

Unfortunately, it sounds like you have a cyberstalker, and you're not alone. As many as 8% of Americans report being stalked online at some point in their life. In many cases, it's possible to get rid of the person on your own by locking down your social media and other accounts. But if... View More

You can be charged with assault if the police have probable cause to believe you assaulted the person. Probable cause is not very high standard. If the alleged victim had a visible injury and claimed that you were the attacker, that's pretty much all that is needed for probable cause to charge... View More

Yes, you should consult with a criminal lawyer ASAP. Confidentiality attaches the moment you consult with an attorney, so you can be honest with them about whatever it is you are alleged to have done. But it is also important to find someone who you feel comfortable speaking with and who you feel... View More

No, a person with a 609.72.1 conviction for disorderly conduct alone will not cause you to forfeit your Second Amendment rights to own a firearm. If you don't have any other convictions (especially felony convictions) you should still be eligible to have a firearm.