The prosecutor might decide to dismiss a case for many reasons, for example, if they don't believe the admissible testimony and evidence will prove every element of the offense beyond a reasonable doubt.

If the defense attorney believes the state is withholding evidence that was covered by a timely request, or that they are withholding evidence that they have an affirmative duty to provide without a request, then he or she may file a Motion to Compel and request a hearing on that motion. However,... View More

Don't go trespassing, and especially not during the nighttime with the intent to recover property that he thinks belongs to him. If he has a decent attorney, he would probably get away with shooting you dead under those circumstances.

Frankly, this sounds like a matter for civil... View More

No, not unless it was specifically requested and improperly withheld. The prosecution only has a duty to proactively provide the defense attorney copies of any exculpatory, mitigating, or impeachment evidence. Copies of other evidence are only provided if the defense attorney first makes a timely... View More

No, not automatically. They are separate crimes but the prosecutor could dismiss both charges if they wanted to.

Yes, absolutely. It is often much easier for the prosecution to prove a violation of a protective order case than it is to prove the alleged assault that caused the judge to issue a protective order in the first place. This is a separate crime of disobeying a court order, the fact that you lied... View More

Sounds like a potential self defense with maybe a little defense of property added for good measure (the property being your home.)

Anyway, the worst case is 20 years in the state penitentiary, a $10,000 fine, and a felony conviction that results in permanent loss of firearm rights.... View More

The clerk's office in the county where the charge originated has an affidavit explaining exactly why law enforcement believed there was probable cause for an arrest warrant. That affidavit is considered a public document so you should be able to obtain a copy of it for a nominal fee.

Yes, or it is close enough for "probable cause" to justify criminal charges. That said, your intent is an element of the offense AND you can also raise an affirmative defense based on the fact that a party to the communication consented to the recording by intentionally leaving the line... View More

You can't really DO anything about the fact that you were accused. Anyone can be charged with any crime. However, you can only be CONVICTED if you enter a plea of Guilty or No Contest or if the prosecutor can prove EVERY element of the offense beyond a reasonable doubt to a unanimous jury.... View More

Yes, they have 2 years to file the formal charging document, but that often happens within the first month. Once the document is filed, the timer on the limitations clock stops ticking.

Talk to an attorney who focuses on federal civil rights lawsuits under Section 1983.

Federal law gun laws are often more restrictive, especially for cases involving domestic violence.

Theft is a crime of moral turpitude so you don't want that on your criminal record, even if it is "only" a class C misdemeanor. It is ALWAYS best to have an attorney on your side, but this is something a traffic ticket attorney can probably handle (cheaper than a criminal trial... View More

If it has been less than 30 days since you were sentenced then contact your criminal defense attorney immediately. If it has been more than 30 days you'll need to consult an attorney who handles appeals and other post-conviction remedies.

You have the right to insist that the prosecution prove every element of the offense, beyond a reasonable doubt, to a jury. The definition of the offense is:

"A person commits an offense if he intentionally or knowingly operates another's boat, airplane, or motor-propelled... View More

You can be arrested and charged with any offense that the detective believes you committed. If that happens, a proper defense will be stressful and expensive. You would be wise to spend your time and money on a divorce attorney to get access to your stuff in a manner approved by the court rather... View More

You should always try to stay on your probation officer's good side while at the same time remembering that the judge is actually the final authority on what to do about any alleged violations. It is important to get your own attorney if they attempt to revoke or modify your probation.

The normal rules of evidence still apply and it is up to the judge to decide how much slack to give you on that. The rules are WAAAAAY too complicated to even begin to list them here and they are something an attorney spends years mastering so having an attorney on your side can be crucial when... View More

You have the right to make them prove every element of the offense beyond a reasonable doubt to a jury. You also have the right to hire an attorney to assist your defense. If you are indigent, you have the right to ask the court to appoint an attorney.