You might be happy that the drug change is dropped. If there was no basis for the cop to suspect drugs were in the bag, then by all means defend the case on that basis. What makes paraphernalia illegal is its association with illegal drugs. Do keep in mind that some paraphernalia may not have come... View More

You will need a criminal defense attorney. The failing to stop might be a non-criminal citation or a criminal charge. If it is a citation, it will likely be in a different court. The flee & elude is a felony charge. Your lawyer could move to consolidate the citation with the felony. Some judges... View More

Yours is a complex question suitable for law school. The starting point would be the status of the two states as sovereign entities under the US Constitution. Each State has the right to enforce its laws. The limit of a State’s power to prosecute is likely a product of both jurisdiction and due... View More

You probably need an attorney or two, First off, the writ of bodily attachment is not a criminal matter: it usually indicates some kind of support issue. The writ can be resolved by paying a "purge" amount which bears some relation to the arrearage. You could get a hearing on the amount,... View More

Yes, marijuana smoke is probable cause for a car search. Usually, the odor of marijuana smoke is detected after a car stop for some other reason. A medical marijuana card does not allow consumption in a vehicle. While the odor of burnt marijuana may persist from previous use, the presence of... View More

You are writing about someone else. It's not clear what you are asking for. If these allegations are true, your friend could file an internal affairs complaint against those officers involved. The IA investigation would require her cooperation. Most agencies do not authorize turning off body... View More

Your question should first be directed to the prosecutor with whom you "decided to take the partial payment". You should find out if a civil judgment lien was entered for the higher amount you are seeking at this time. If a higher amount of restitution was not agreed to as part of the... View More

On the face of what you report there may be a double jeopardy problem. The big question is why the double jeopardy problem is first being considered now. At any rate you would need to look at the allegations put forth in the 2019 case and compare them to the allegations put forth in the 2023 case.... View More

Please look to Mr Blecher's answer in relation to roads and public parking lots. You say the officer didn't see you driving on a road. Maybe so, but the officer might say something different. Your claim that the officer didn't "see" you could be construed as an admission... View More

It would be very odd to have a person taken to jail for 90 days without being booked in. His attorney must have some input as to what's going on. You could contact the attorney about this unusual situation. Your BF would go to 1st appearance after being booked in. He would then be told what... View More

If yours is a State court prosecution, you could move to withdraw the plea. If the plea has not been "accepted", you can move to set it aside with almost no justification. If the plea has been accepted, you will need to show good cause. If, as you say, you have already been convicted with... View More

Your inquiry provides zero information about why the sentences were illegal or how that illegality might affect either the original length of sentence or eligibility for gain time. An experienced post conviction relief lawyer would need detailed information about the circumstances of the charges,... View More

You are correct that a BB gun is not a firearm and the charge would be wrong. Robbery with any deadly weapon is a PBL, that is punishable by life. You would have to go back into the record to find out if the information made an allegation of a deadly weapon. The maximum sentence for a simple weapon... View More

There is insufficient information to determine if the sentence is illegal. Life sentences imposed before the original guidelines were generally parolable, around 1984. Life sentences under the original guidelines had to "score" life, in which case there is no parole, roughly 1984-1998.... View More

The judge likely sentenced your husband to 4 years DOC with credit for the actual time served in prison and any unrevoked gain time. In addition, the judge likely awarded any credit for time in jail. DOC is to calculate the day for day credit he previously served. Almost always DOC revokes the... View More

First off, the "I put on somebody else's shorts" defense is usually not a winner. But, through your lawyer, you can file a Franks motion challenging false statements in a search warrant application. You must establish that you had standing to challenge the search warrant. As is... View More

Yes, it sounds like a scare tactic. Yes, it sounds like a procedure to temporarily go free. Today, some cop might be wondering if you are going to call. if you don't, you just might get arrested on warrants for some or all of what they threatened at the time of the stop. You should retain an... View More

Retain an attorney to file a motion to dissolve the injunction. Your attorney should guide you on whether it is feasible- it often is. Notice should be given to the Petitioner if possible, and the matter should be set for a hearing.

You should consider that many jails record phone calls. Police can access and listen to these calls. Usually, the courts at first appearance impose no victim contact restrictions. This means no direct or indirect contact. The restriction applies even if the arrestee doesn’t bond out. For your... View More

Burglary of a dwelling with an assault is punishable by life imprisonment. That’s the maximum potential sentence. This burglary charge would “drive” the sentencing. Also, this burglary is a violent crime of special concern. As the victim you should consult with the prosecutor and/or victim... View More