If you pled to a misdemeanor as part of the plea negotiation then the case became a misdemeanor. The judge cannot change the charge back. The State has power over the charge and the judge power over the sentence. Depending on what type of misdemeanor you pled to you can still receive up to a year...Read more »
Hotel deployable, needs code enforcement. No water after midnight, living with rats and roaches. Smoke alarm in all rooms don't work, most ac units are busted from outside the rooms. Locks on doors are being held up with scotch tape, not secured
Unlikely that this is a criminal matter. I would suggest contacting code enforcement department in the county where the facility is. They may need a complaint in order to investigate. I hope this helps.
even though charged were dropped. Can’t buy firearm or work at Medicaid facility because keeps coming up on BG screen. City police & county clerk of courts say record no longer exists. How to correct? Never did any drugs, never possessed any drugs ever. How do I get it corrected so... Read more »
If you have no prior convictions, I would recommend that you speak to a local attorney to determine whether you might be eligible to apply for an expunction of your record. The process can take several months but it is certainly better than doing nothing. There are rules that must be reviewed to...Read more »
Probation does have a right to verify your employment and place of work. Your attorney or you can file a motion with the court asking that an order be signed instructing the probation officer to verify employment via paystubs, etc. You can try speaking honestly with your probation officer to see if...Read more »
Technically a person can change his/her plea at any time before the jury returns a verdict. However, different courts may have different ways of doing things. Some courts may deem any offer from the State as revoked if not accepted before setting a case for trial. To avoid this, it may be necessary...Read more »
I have 6 years time served on the probation case, I violated my probation with a new law violation and was sentenced to 10 years for the violation of probation and 10 years for the new law violation, ran concurrent. When my gain time sheet was given to me it said I had a fresh 10 years. Aren't... Read more »
Unfortunately, no. You will receive credit for the six years time you served - only on the related case. You will receive credit on the new case for any time you were in jail pending the resolution. Concurrent means the sentences runs together at the same time. It does not mean that the sentences...Read more »
In addition, you can be charged with two batteries if there are two separate victims if it occurs during the same incident. I agree that you should consult with an attorney. A battery can be enhanced to a felony if you have a prior battery and that should be avoided if at all possible.
Habeas Corpus may overturn my conviction. I want to know if you can be re-prosecuted if the statute of limitations on the underlying criminal act has passed. Please cite at least one example of case-law.
I have one year of community control in Florida, my fiancé lives in Idaho, we have a stable drug free house and I have a job offer in Idaho. My charge is non violent and it’s my first time ever being in trouble.
Typically Community Control cannot be transferred to another state because it is a function of DOC probation that does not exist in any other state. A transfer would probably necessitate a modification of the sentence to regular probation that would qualify for transfer under the Interstate Compact.
In general a "Nolle Pros" means that a case was dropped. As mentioned by the above attorney, that will usually result in a release from custody on that case. The exception to that is if a case is nolle prossed in order to refile the case in a higher or lower court. (i.e. misd. to felony...Read more »
RCO in Hernando means Re-Commitment Order. This is typically filed by the State Attorney when a person who is out on bond commits a new offense, thus violating their bond conditions. RCO's if granted result in the bond being revoked on the original case and a No Bond status being instituted....Read more »
my son (15) stole a Trump flag and his 18yr old friend got cited (petty theft 2nd degree 1st offense) for it. Now the friend wants my son to sign an affidavit admitting that he did it so this friend can take it to court. Can my son now get in trouble for it months later?
If you admit to a crime you can be prosecuted for it unless the Statute of Limitations has run. The State will have to have evidence that a crime occurred before that admission would be admissible. You never want to see an innocent person prosecuted for something they didn't do, however your...Read more »
In most jurisdictions, no. One of the conditions of bond is that you not commit any new crimes. The new charge will violate the conditions of bond on the old case. The State or the Judge on their own motion can request a revocation of the bond on the first case. You are going to need to speak to an...Read more »
I agree that the video can be used in court as long as the person who took it can authenticate it as to time and place etc. so as to make it relevant. You have no expectation of privacy while walking around in public.
Feeling guilty and paranoid I will be charged. Should I go back to the store and pay for it or will that only draw more attention to me? I am finding contradicting answers to this question online. Thank you!
Difficult question, but it is my opinion that doing the "right thing" is typically the best way to go. I believe that bringing the item and receipt back to the store with the intent to pay for the item will negate any intent associated with theft. Depending on the store, you can call and...Read more »
I recommend you hire an attorney to represent you in the investigative phase. Although you have a constitutional right to refuse to speak to law enforcement, they many times take a refusal to talk as some indicia of guilt. If they are trying to contact you I usually recommend that a client call the...Read more »
I was 18 yrs old I was involved with human trafficking case in Chicago I was picked up in Miami fL charged with misdemeanor of prostitution although the judge knew I didn’t live there he still issued a warrant but I live in Chicago so they won’t expedite me for misdemeanor but I can’t get a... Read more »
I would recommend that you hire a local attorney where the charges originated from. They may be able to work something out with the State. FTA warrants can stay active forever so something needs to be done. Ignoring it is rarely the best strategy, especially if is making your life more difficult...Read more »
The right to sue a person is typically known as "standing." If the person's actions did not harm you, that is usually a bar to bringing a suit. I do not see a way under these limited facts that you can be the one bringing the suit on behalf of your friend's alleged damages.
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