I have entered a motion to suppress evidence, but I have decided I want to request a special jury instruction. Judge wants me to withdraw my motion to suppress. If I withdraw it, do I waive my special jury instruction? I need rrules and/or case law to support this.
answered on Apr 7, 2015
You can do both. As far as your rules and case law that is what an attorney is PAID to do.
Officers in a cps court hearing were told by the judge not to refer to a meth lab or bomb again as it had already been proven that neither existed. The same officers, in a related criminal trial, repeatedly made the same statements. Is this legal after a judge had already told them not to refer to... View More
answered on Apr 7, 2015
The civil judge has no jurisdiction over the criminal court. Your attorney should have objected to the admission of that evidence before it was ever presented to a jury.
answered on Apr 7, 2015
It would depend on the type of Evading, on foot or in a vehicle, and his criminal record. But generally probation.
MY BOYFRIEND WAS INSIDE THE HOUSE WHEN HIS FRIEND STOLE A PHONE FROM A PROSTITUE HE HAD AT THE HOUSE BUT SHE WENT TO THE POLICE AND SAID HE USED A GUN AND THEY BOTH RAPPED HER. THE SOBPOENA'S HAVE BEEN RETURNED AND THE GIRL HAS PREV ARRESTS FOR PROSTITUION AND THEY DNA ALL CAME BACK NEGATIVE... View More
answered on Apr 7, 2015
Because the Court controls the trial settings not the defense attorney. The defense attorney cannot make the State go to trial as long as other trials are being held.
answered on Apr 7, 2015
Yes, but unless you actually saw the assault you will need her cooperation to file charges.
answered on Apr 7, 2015
Generally if the minors are within 3 years in age their is an affirmative defense to the offense. For children 13 and under the juvenile laws are somewhat different.
answered on Apr 7, 2015
Not if it is a lesser included offense of the murder case. However, you can be charged in a State Court be found not guilty and later tried in a Federal Court because these are two different jurisdictions.
Will I go to jail?
answered on Apr 7, 2015
Your question does not give enough detail to answer properly. Did you ask her to leave initially? Did she enter your property without permission? All these things make a difference.
Also, if law enforcement have some type of probable cause can they search your hotel room without a warrant? What type of information can be used as probable cause in this situation?
answered on Apr 7, 2015
It would depend if you are still occupying the room under the rental agreement. If you stay past your date of payment then they do not need warrant. If you are still within your paid stay time then they would need a warrant. There are some other exceptions such as exigent circumstances or plain... View More
My son was the victim of a knife attack Friday night
answered on Apr 7, 2015
This would be a second degree felony and the punishment range would be 2-20 years in the penitentiary and up to a $10,000 fine. If your son is younger than 14 it could be a first degree felony.
he also was denied to fire her and hire a new attorney what could we do to get him a appeal or a sentenced reduction
answered on Mar 5, 2015
Your fact situation is impossible the way it is written. Your son could not have been sentenced to 20 years in prison without an attorney unless your son wanted to represent himself.
If so what is the statue of limitation on how long they have to charge u?
Also if they took property (a gun) out of MY vehicle without my consent can I get it back once case is dismissed? or can they keep it? if so for how long?
answered on Mar 5, 2015
Statute of Limitations is 3 years, I would argue it is 2 but let's just say 3. If you are eligible to have a weapon then yes you should get it back once your cases is dismissed.
My judge made it a provision of my bond that I submit weekly UA's. I had many clean test and now one dirty. My alleged charge is not a drug related crime. So a warrant was issued for insufficient bond, and my bond was raised from 25000 up to 50000 because of a dirty UA. Is this even legal. I... View More
answered on Mar 5, 2015
Yes it is legal because you violated the conditions of your original bond. First of all unless you have prior offenses the original and new bond are excessive.
answered on Mar 5, 2015
It depends on what the threat was. It also will depend on if it was a conditional threat or if she had the right to some interest that you are infringing upon.
I'm on deferred probation I have done 5 years. I am curious to how much this will cost
answered on Mar 5, 2015
Your question is unclear. You don't say much much time that you have left so it is impossible to tell you how much more it will cost.
answered on Mar 5, 2015
Parole or probation? If probation you must have the interlock on at least 50% of the probationary period. It can be for the whole time. For parole it depends on the conditions of your parole. If you are on parole for a DWI related offense the chances are it will be for the full length of... View More
mtr ... failed ua
answered on Mar 5, 2015
If the motion has already been determined only the Court can make the decision on how his sentence is served. If the motion is pending then the person is entitled to a bond pending the outcome.
my neice age 13 made accusations against my husband more than 6 months ago to family.last month cps came out saying than had a case against me saying I gave her drugs and my husband for sexual assault.they closed the case against me but not him. my neice has alot of problems,she sees doctors, is on... View More
answered on Mar 5, 2015
You needed to hire an attorney as soon as the allegations were made. The police determine if charges are filed but they will generally error on the side of filing charges.
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