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Answered Questions by Lawrence James Arnkoff
Questions Answered by Lawrence James Arnkoff
Lawrence James Arnkoff's answer My answer may be little unconventional but I think it is practical. I have represented quite a few clients
in federal grand jury matters. In state cases the defendant either agreed to bind the case over voluntarily, a general sessions judge bound it over at a probable cause hearing or the District Attorney submitted it to the Grand Jury after a general sessions judge found no probable cause. The defendant will not in most cases appear before the grand jury but there are...
Lawrence James Arnkoff's answer I agree with my fellow counsel who have already posted that
you should seek out an experienced criminal attorney for your daughter. In today's world if someone has criminal history it can impact them in in a negative manner for years to come. Finding the right attorney should reduce your stress levels and hopefully resolve your daughter's case without a conviction.
Lawrence James Arnkoff's answer Your intuition regarding letting this man move in is correct.
Nothing about the situation or his background would lead you to conclude it would be prudent to expose your daughter and yourself to take that risk. Not having his criminal history in front of me I can't say for sure what is on it but any category that shows department of corrections would most likely mean he has spent time in custody. Trust your instincts and ask both of them...
Lawrence James Arnkoff's answer Diversion requires a plea of guilty however the Court withholds adjudication
of guilt while you complete the conditions of your supervision. If you are successful the case eventually gets dismissed and you can seal your record. If you are unsuccessful you will wind up with a conviction. A better alternative would be to seek a retirement of the charge. That does not require a plea of guilt. A retirement on simple possession can last a year and include conditions...
Lawrence James Arnkoff's answer I am assuming from your question that you have a federal conviction.
If so your PSR should be available at the U.S. probation office in the district your were sentenced. Also the attorney who represented you at the time should have a copy. If that fails you could file a pro se motion in that court asking the Judge to have the clerk of the court release a copy of the PSR to you. Since it is not public record the clerk cannot release it without a...
Lawrence James Arnkoff's answer I would need more information to answer this with any certainty. I do not practice
in the Eastern District where the violation occurred but in the Middle District it would be highly unlikely any period of incarceration would be imposed. Knowing what the guideline range is for the violation will tell you how much incarceration is possible. I had a client recently fail several drug screens, testing positive for marijuana. Probation filed the violation but...
Lawrence James Arnkoff's answer In Tennessee if you have to pay anything to have your vehicle returned
in a forfeiture procedure it will be to the seizing law enforcement agency for the settlement and the administrative costs are paid to the clerk of the Department of Motor Vehicles and Highway Safety. Customarily the attorneys for the DMVHS will negotiate what is considered to be a "buy back" amount based on the offense and the value the vehicle. If you hire an experienced forfeiture...
Lawrence James Arnkoff's answer I don't think you have a complete understanding as to what is going
on in the criminal matter you have questioned. A law enforcement officer has no authority to compel an individual into residential rehabilitation. From what little facts you have given I will guess that that at some court appearance on the drug case a recommendation was made for residential treatment. Usually those recommendations come from defense counsel, the prosecutor, or the...
Lawrence James Arnkoff's answer You have two avenues available to you. The first has already commenced because the state has filed criminal charges. That is crucial to any possibility of your recovering for your damages. If the person is convicted the Judge must impose restitution for your injuries. The second avenue is hiring an attorney to file a civil lawsuit and you should consult with one who specializes in personal injury work. Unfortunately many times
you can obtain a judgment against the one who injured you...
Lawrence James Arnkoff's answer I agree with Carl you should seek the services of an experienced immigration
attorney. It sounds like your case was either diverted or retired which means that possibly you never admitted guilt. I am not familiar with Indiana law so I can't tell you how this played out for you.
Lawrence James Arnkoff's answer The best thing you could do is hire an experienced criminal defense attorney.
Any conviction be it a misdemeanor or felony can have adverse consequences in your future. You may have a viable motion to suppress the search of your purse and maybe the stop of the vehicle but you could never successfully navigate those procedural motions without a skilled attorney.
Lawrence James Arnkoff's answer Yes they could be charged as an adult regardless of when they turn 18. Since it appears
this is more than a simple possession case the chances of it being removed to adult court would be greater. They should hire an experienced criminal defense attorney who might be able to convince the District Attorney's office to keep it in juvenile court.
Lawrence James Arnkoff's answer Sounds like someone has a DUI and is in custody with an ICE hold. Their criminal case
will have to be resolved first and then ICE will pick them up. If you post bond for the criminal offense they will not be released they will go into ICE custody. My recommendation in those situations is not to post the bond. When the criminal case is over they will be placed in ICE custody where they should have sufficient time to fight the deportation. I recommend you hire...
Lawrence James Arnkoff's answer A juvenile can be charged as an adult regardless of when they turn 18. Not knowing
what county in Tennessee this happened in it is hard for me to give you an opinion as to whether that is likely to happen.
Lawrence James Arnkoff's answer Yes but you might have to wait awhile before you get them back. As long as
they are evidence they will be held by the prosecuting authority. Find out who the lead officer is on the case and respectfully ask him to keep you advised of the progress on the case and remind him you would like your property returned as soon as possible.
Lawrence James Arnkoff's answer Your question seems to be has the statute of limitations run on your possible civil claim.
I would need to know if your leg was broken negligently or as a result of an intentional act. I recommend you find an experienced negligence attorney to help you determine if you have a compensable injury and if so has the statute of limitations passed. Don't assume that since a year has passed that the SOL has expired. Consult an attorney. Whether you have a civil...
Lawrence James Arnkoff's answer I am assuming when you say "they" you are referring to the rightful owners. The answer to your question
is absolutely yes you can be charged with the theft if you unlawfully deprived the owner of their property for any length of time. Returning the property is not a defense. The good news is returning the property is a significant mitigating factor that prosecutors and judges look at in resolving the case. If you get charged with a crime it would be wise to hire an experienced...
Lawrence James Arnkoff's answer The answer is YES they can. IF you were told that, then there must be a stay away order
in place. No contact means no contact. If she calls or texts you be sure to keep a record of the transaction on your phone. You aren't liable if she violates the order by contacting you but you cannot use that as an excuse to reply. Your best bet is to find an experienced lawyer who can get the stay away order lifted.
Lawrence James Arnkoff's answer I would recommend you call the Sheriff's Department in the County where the warrant
originated. They should be able to tell you if there is a standard bond amount for the offense. After surrendering, your sister might have to make an initial appearance before a magistrate if there is no standard bond.
Lawrence James Arnkoff's answer Tennessee has a conspiracy statute that would apply to all offenses not just drugs. I am attaching a copy for you.
2010 Tennessee Code Title 39 - Criminal Offenses Chapter 12 - General Offenses Part 1 - Inchoate Offenses 39-12-103 - Criminal conspiracy. 39-12-103. Criminal conspiracy. (a) The offense of conspiracy is committed if two (2) or more people, each having the culpable mental state required for the offense that is the object of...
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