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 »
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 »
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 »
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.
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 »
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.
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 »
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 »
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 »
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 »
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 »
Intent to cause harm or commit a felony is pretty much baked into the definition of murder so perhaps you were thinking about the lower-intent offenses of Manslaughter or Criminally Negligent Homicide. The only way to get Murder down to an F2 is "sudden passion" which is an affirmative...Read more »
I went to court and was offering on the spot a plea to turn my felony to a misdemeanor or option to set my case for trial. I do not want to take my case to trial , My lawyer said we were going to set it to trial to buy more time, but that we were not going to take my case to trial my question is... Read more »
I kinda doubt your lawyer would have set the case for trial if she believed that the Assistant DA would respond by taking the offer off the table. In most cases, both sides would prefer to reach a negotiated settlement to a trial and seeing that date creep closer on the calendar has a way of...Read more »
If it was a protective order issued under the Family Code then the law only requires he be given 48 hours notice before the hearing. Be aware that her attorney is not a neutral investigator. Ethics require her attorney to work in her best interest, so sending her attorney anything won't do...Read more »
i was pulled over for not making a complete stop at a stop sign and i told the officer that i tossed a cup of alcohol out of my window when i seen him turn on his lights. i was going down a underpass when i tossed it theres no dash cam footage or any other evidence that i did this except for me... Read more »
Yes, a recorded confession can absolutely give the officer probable cause to justify an arrest. Ask your criminal defense attorney to watch the recording and give you an opinion on whether or not it is enough for the government to prove its case against you beyond a reasonable doubt.
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