I was charged with simple assault in VA. I walked towards my accuser but nothing else as shown on video. He was never touched or threatened. No one but me seems to have the video. The prosecutor does not have it to give to my lawyer. Would my lawyer have to turn this over to the prosecutor? Is it... View More 
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answered on Feb 12, 2024
If you are charged with assault and the video shows you just walked towards the accuser and did not assault him, it sure sounds like that video could help prove your case for you. Either way, good or bad, your attorney does not have to provide that information to the prosecutor. Everything you tell... View More
If I had a mental breakdown what will happen to me? I can prove I was ill. I was asking for help from friends and family. There was no weapons involved I imagined a person outside saying they needed money and that what I told the person at the store
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answered on Jan 26, 2024
I would suggest hiring a private attorney (you can use the attorney search function on this website or on Google) or applying for a public defender. From the little bit you have shared, having a mental breakdown doesn't allow you to commit crimes. However, it certainly can be used as... View More
ended when I successfully completed the Divert program and graduated from it in 02/23.
Shouldn't the Douglas case have also concluded?
I have since been arrested with a warrant for non compliance in the Douglas County case. But was never given any direction to follow up or... View More
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answered on Jan 26, 2024
There are a couple possibly explanations as to how you got into this situation. First, I'd recommend hiring an attorney to help navigate your situation because they should be able to help get you out of this situation better than trying to navigate it yourself.
First, it is possible... View More
I was charged with Stalking, harassment, tampering and protection order violation. I went to trial for the stalking, harassment, and tampering and was supposed to have a separate trial with the same jury for the protection order violation. My attorney had me plead guilty to the protection order... View More
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answered on Jan 26, 2024
You could always hire another attorney to attempt to withdraw your guilty plea or you could attempt to do it yourself. Look at criminal rules of procedure 35. It is very difficult to do with the high standard that applies in this situation. That is the reason you sign the paperwork and the judge... View More
Then he cant be held as a credible witness??!! All testimonies sworn under oath are recorded right?
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answered on Dec 17, 2023
Any hearing in court should be either audio recorded and/or recorded by a court reporter. You could request a transcript of the hearing which could be used to impeach the witness at a later date. Impeaching is the fancy term for calling someone a liar in court by showing the inconsistency in their... View More
Can I postpone the court date so I can find a lawyer? Is it possible to even find a lawyer on such short notice? (Court date is in 2 days) Can I hire a paralegal instead of an attorney?
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answered on Dec 3, 2023
Paralegals cannot give legal advice, so you cannot hire a paralegal as a cheap attorney. If you can’t afford a private attorney, you can always apply for a public defender.
There also may be a “slow pay low pay” list your judge can offer you with a list of attorneys that offer... View More
I saw them on my ring camera. I am assuming they are there to arrest me or give me a summons. What should I do?
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answered on Dec 3, 2023
More often than not it is best to invoke your right to remain silent and right to an attorney. Meaning, if police contact you, don’t attempt to explain anything and instead ask for an attorney. If you can’t afford one, apply for a public defender. If you can, you can hire a private attorney to... View More
She is trying to charge my father $7,500 for a retainer and hasn’t even spoken to me about my case yet. I need to know what my options are.
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answered on Dec 3, 2023
You can always fire your attorney if you are not satisfied with their representation and then hire someone else.
It’s possible they aren’t prepared to work on the case (talk to you) until they are paid. Some attorneys are more willing to discuss a plan for your case before they are... View More
(Currently low-risk Phone Reporting Probation for +2years)
what is the process and is it difficult?
what is the cost of either process?
rate of successful applicants
Is there a time frame it takes to get an answer if application or process is accepted?
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answered on Nov 16, 2023
I would suggest discussing this with your probation officer or probation department, as every county and probation department handles these differently.
In Colorado, for example, most probation departments are supervising first DUI convictions with low risk remotely by phone. A second or... View More
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answered on Nov 16, 2023
Every court will have different procedures on whether or not these requests are granted, but generally speaking, yes you can apply to terminate your probation early. Once you have completed all of the required conditions, assuming you did not have any complaints or issues while on probation, you... View More
I left over 10 years ago an not drank since but family emergency has me going back can the arrest me an lock me in prison for leaveing or is there a statue of limitations
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answered on Nov 16, 2023
The statute of limitations limits the amount of time from which they can issue a warrant or complaint (charge) in relation to the date of offense. Once they issue the warrant, the warrant could be renewed indefinitely, until you are arrested. Otherwise, everyone would do what you did and just leave... View More
Trial started, and the Added Charges worse than what they were going to trial for, and the consequences for the new charge were way worse than what they were going to trial for, The judge has testimony, sworn testimony from two officers that are the prosecution’s witnesses testifying that the... View More
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answered on Nov 16, 2023
Where is your attorney during all of this?
If a DF1 charge was added, you can and should request a preliminary hearing. As you mentioned, a DF1 qualifies for a preliminary hearing. At that hearing, you or your attorney preferably, can argue there is no probable cause to allow such charge to... View More
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answered on Dec 3, 2023
First, the other answer to this question is incorrect so please do your own research before trusting random people on the internet. The minimum jail sentence is 90 days on a F4 DUI. I’m assuming the attorney is from another state.
Second, there are a lot of factors that come into play to... View More
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answered on Dec 17, 2023
The type of weapon you use to defend yourself is only one factor in the consideration. What the situation is surrounding the use of force will determine if you have the right to use self-defense and what type of force is justified.
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