answered on May 26, 2022
In my experience as an attorney, it is easier to get misdemeanors dismissed... and you need it ALL dismissed to be eligible to have the arrest records expunged. Deferred adjudication is not good enough... a reduction to a class C misdemeanor is not good enough... its gotta be all dismissed or the... Read more »
My current boyfriend's ex girlfriend keeps harassing through calls and texts and sometimes even showing up to his place and showing stalking behavior. She also mentioned me on her threats that she would come for me. He has DACA and he's scared to take legal actions but I want to know what... Read more »
answered on May 26, 2022
A restraining order requires the existence of a civil lawsuit pending between the parties, and it expires when the lawsuit ends. So that's not appropriate to your situation unless there is some sort of active lawsuit involving the two of you on opposing sides.
A dating violence... Read more »
answered on May 26, 2022
Become an attorney. Anyone can represent themselves but only an attorney can represent someone else.
Is that false evidence or a false statement
answered on May 26, 2022
They could say you killed the Easter Bunny but they'll have to prove it beyond a reasonable doubt unless you enter a plea of guilty or no contest.
Note: Saying you had a felony arrest or charge is not the same as saying you had a felony conviction.
answered on May 26, 2022
This is the sort of situation that can blow up in your face because something will get missed and you will get blamed... because it is your responsibility to attend all required court appearances and obey all conditions of bond regardless of your attorney's inaction. You should probably... Read more »
I have a lawyer who is extremely uncommunicative. There was a change in my assigned attorney last year in August and I, the defendant , was not notified by anyone. I found it out by accident in Jan. of this year and emailed my new attorney. That was five months I, effectively, had no... Read more »
answered on May 24, 2022
Court-appointed attorneys are overworked and underpaid just about everywhere. Your best bet overall is probably to hire a local criminal defense attorney who DOESN'T accept court appointments. However, not everyone thinks they can afford that... but can they afford prison?
Anyway,... Read more »
So when he arrested us I had nothing on me abs scale was his car under my seat. How can I get charge for meth when he had it on him not me
answered on May 24, 2022
You can get CHARGED with assaulting the Tooth Fairy if an officer believes you did it. The fact that the Tooth Fairy isn't actually real is a great defense at trial, if a case like that actually got that far, but that won't prevent an arrest if the officer is convinced he has probable... Read more »
Leaving cop ask if anyone had drugs the guy I was with had meth. On way to jail he turn around a realize is and said would get a letter to let us know when to go to court. I didn’t get a letter so was 2years ago when that happens. 7 months ago I flip a truck and cop didn’t say had warrant. Well... Read more »
answered on May 24, 2022
The first thing your attorney will probably try to figure out is whether the officer had reasonable suspicion to stop and search in the first place, because if there wasn't a good reason to pull you over, or there wasn't a good reason for the traffic stop to turn into a drug... Read more »
Who should be held liable if an agent acted truthfully on behalf of the principal in mistake and misrepresentation caused by the third party.
answered on May 23, 2022
This does not sound like a crime but rather a contract dispute that belongs in civil court. Most crimes with a financial component require proof, beyond a reasonable doubt, of intent to harm another or deprive them of property or at least some sort of reckless disregard for dangerous or risky... Read more »
The question above is relating to two people, one is the seller withholding information and the items purchased and the other is the buyer being lied to and cohearce into helping the seller to pay for their bills and will not deliver the paid goods unless paid otherwise. Is this extorsion, can you... Read more »
answered on May 23, 2022
Law enforcement might refuse to get involved because it is NOT a crime unless there is reason to believe that the seller already had the INTENT to keep the money without delivering the goods AT THE MOMENT the money changed hands. Basically, a scam.
On the other hand, if the seller did... Read more »
Two years ago my son was arrested and charged with 4 class A felony drug charges(f First time offender). His lawyer had his case and charges dismissed and placed him in a Diversion course. His record would be clean as long as he met the requirements of the course. Well, last week he was... Read more »
answered on May 22, 2022
Is this in Texas? The reason I ask is that in Texas, the levels of misdemeanors from most severe to least are: Class A, Class B, then Class C. The levels of felonies from most severe to least are: Capital, 1st Degree, 2nd Degree, 3rd Degree, State Jail Felony.
Assuming we are talking... Read more »
I received 1 year probation community supervision. It was around 2015 when all this happened. Am i able to own a firearm after the 5 year ban?
answered on May 19, 2022
No, it is a violation of federal law for you to possess a firearm or ammunition.
answered on May 19, 2022
Maybe. It depends on the circumstances not as they actually were, but as reasonably understood at the time by the person who made the threat. Generally speaking, a threat of violence is legal in situations where the actual use of violence would be legal. Some common examples are in self-defense,... Read more »
I got a hold, via a court FOIA request, of my 2016 arrest records. When I got indicted and charged, I kept getting told that my charge could not get entirely dismissed because the "witness statements" said something that was too "serious" to get my much more concrete piece of... Read more »
answered on May 13, 2022
The best time to fight criminal charges is BEFORE you take a plea. The only way to get Deferred Adjudication is to enter a plea of Guilty or No Contest (which is the same as Guilty with regard to a criminal case anyway.) In almost all cases, a defendant only has 30 days to start the appeals... Read more »
The assault was on myself but filed affidavit of non prosacution the gun charge the lady said she sent a affidavit as well
answered on May 13, 2022
I'm not clear about your question. If you are asking about the affidavits then be aware that they give a prosecutor cover if they otherwise WANT to dismiss the case but they can just ignore them if they want to seek a conviction. In other words, an affidavit of nonprosecution can be an... Read more »
Prosecutor has lied several times but criminal attorney said it doesn't have anything to do with statue you were charged with. What can or should you do?
answered on May 12, 2022
"Never interrupt your enemy when he is making a mistake." - Napoleon Bonaparte
Perhaps your lawyer knows that the judge already knows that the prosecutor's argument is irrelevant.
my ex husband had a criminal trespass put on me back in 2016. Not long after that him and i both together went to the local pd requesting it be removed. Ive lived at the property on and off since then. All my mail, bank accounts, irs account even the sheriffs dept has the address as my residence.... Read more »
answered on May 12, 2022
All law enforcement needs for an arrest is "probable cause" to believe you committed a crime. However, in order to win a conviction against you, they'll either need you to enter a plea (like guilty or no contest) or they'll need to prove each and every element of the offense... Read more »
Was arrested after out on bond for 2 years. Bondsman was paid in full 10k and "heard" inmate had charges for evading. But there are no evading charges. Bondsman went off of bond, but did not revoke. He now has no bail amount set and we are trying to get an amount. The bondsman will not... Read more »
Stopped because claimed couldn’t read my license plate. Small town, same officer, seen me several previous times and had followed me 20 minutes before he seen me again to pull me over. I asked what his probable cause was and he said I looked nervous. All I was doing was putting gas in my... Read more »
answered on May 11, 2022
Your attorney may attempt to get copies of all data and voice recordings sent to that patrol car on that particular day in hopes of discovering whether or not the officer attempted to run your plates.
My paroled will expired before I am eligible to apply for i-485 (The Cuban Adjustment Act of 1966 (CAA))
answered on May 10, 2022
To get the best answer, you should probably re-post this question with the topic tagged as Immigration instead of criminal law.
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