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Questions Answered by Bernard Crane
1 Answer | Asked in Criminal Law for Colorado on
Q: Once a defendant accepts a plea bargain, the charge and its terms, is it a done "deal"?

Is there nothing else the defendant can do after accepting the plea bargain?

Bernard Crane
Bernard Crane answered on May 23, 2019

I think your question is, can you withdraw from a signed written plea agreement PRIOR to actually pleading guilty before the judge.

Generally, you can change your mind up until the moment in the plea hearing where the prosecutor reads the proffer of facts and the judge asks "how do you...
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1 Answer | Asked in Criminal Law for Tennessee on
Q: Can you get probation for carjacking or most of your time be on papers
Bernard Crane
Bernard Crane answered on May 23, 2019

Many states, if not most, have mandatory minimum sentences for carjacking. IF you are in a state where there is no mandatory minimum sentence for carjacking (or robbery by force and violence, or kidnapping if the victim was transported in the car even a short distance, or any other related chrge... Read more »

2 Answers | Asked in Criminal Law for Tennessee on
Q: If I have a misdemeanor arrest warrant and the police come to my door what should I do? Do I have to answer the door?
Bernard Crane
Bernard Crane answered on May 23, 2019

No, of course you don't have to answer the door. But if you don't, and they know you're home, they'll break it in. Then not only will you be in jail, but your door will be hanging open. Also, more people get hurt by the police in forced-entry warrant arrest situations than do in cases where the... Read more »

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2 Answers | Asked in Business Law, Civil Litigation and Employment Law for Florida on
Q: can an employer force an employee to purchase a company provided laptop if there are damages?

One of my twins pulled my work laptop off the countertop in my kitchen and subsequently broke a few pieces of the external plastic frame. The computer still works, no screen damage, just external Plastic parts that need to be replaced. My employer is demanding that I buy the laptop from them and if... Read more »

Bernard Crane
Bernard Crane answered on May 23, 2019

The other side of the coin to the eloquent answer Mr. Minnick provided is that, Florida is an “at will” state, which means even if you DO pay the money for the laptop, the employer could still fire you the next day.

If you don't pay for the laptop and quit or get fired, and the...
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1 Answer | Asked in Criminal Law for Indiana on
Q: Can I violated probation that doesn't start for a year while doing ankle monitor for another case out of the same county
Bernard Crane
Bernard Crane answered on Dec 21, 2018

Are you saying the PROBATION terms are consecutive? Usually,the SENTENCES which are suspended may be consecutive, but in most jurisdictions, most smart judges rule that the probation terms are concurrent. The reason for this is, if you have two one year probation terms and you violate in the 6th... Read more »

1 Answer | Asked in Criminal Law on
Q: What happens if my public defender resigns his position with the public defenders office less than 1 month before trial?

Trial scheduled for January 10, 14 and 15 2019 and I wasn't informed that my public defender resigned his position with the public defenders office until December 18 2018. My right to speedy trial is extremely close to the final date and I have not asked for a continuance or waived my right to... Read more »

Bernard Crane
Bernard Crane answered on Dec 21, 2018

The public defenders service will provide a new lawyer for you, but the lawyer will probably have to ask for a continuance so he can be fully ready. However, if yo don't WANT a continuance, you should write to the judge now and tell him you need to have a new lawyer assigned immediately.... Read more »

3 Answers | Asked in Civil Rights and Criminal Law for District of Columbia on
Q: In DC when the police are called, do I have to answer their questions? Do I have to show them my ID? Can I leave?
Bernard Crane
Bernard Crane answered on Dec 21, 2018

Its important to realize that in the District of Columbia, ALL Washington Metropolitan Police Department officers (with very few exceptions, such as undercover officers) are now REQUIRED to wear bodyworn video cameras (BUT see the last paragraph, below). They are supposed to turn the camera on as... Read more »

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1 Answer | Asked in Federal Crimes for District of Columbia on
Q: Hello. My cousin did some bad things. I don't know where he is or if he has a court date or a lawyer and I need help.

He was arrested in Michigan but it's a federal case. He's somewhere down south. Everything I find online points to DC. I'm so lost. I just need guidance

Bernard Crane
Bernard Crane answered on Dec 17, 2018

You can check Vinelink.com to see if he is currently held in DC, or any other jurisdiction. but you have to search DC and each state separately.

1 Answer | Asked in DUI / DWI and Criminal Law on
Q: I was pulled over for running a stop sign and got a DUI, but I was exiting a one-way road the wrong way so no stop sign

h

Bernard Crane
Bernard Crane answered on Dec 17, 2018

Sounds like you were stopped for erratic driving, and that gave the officer reason to suspect you might be intoxicated. Driving the wrong way on a one-way street clearly gave the officer enough articulable suspicion to at least stop you. After that, the progression of the arrest is based on the... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: Can the State of Arizona suspend a driver's license from another state? a person was arrested for a DUI now is in prison

This person was accused of driving on suspended license but he's never had an Arizona driver's license. his license from Wisconsin has never been suspended and is not expired until 2024

Bernard Crane
Bernard Crane answered on Dec 17, 2018

If I understand your question, I think you are asking if Arizona can suspend the driving privileges of a person who never had an Arizona license. if the charge is for driving in Arizona, clearly the answer is yes. Arizona can not suspend the person's Wisconsin license. That is up to Wisconsin to... Read more »

2 Answers | Asked in DUI / DWI for California on
Q: Will a second DUI get jail time?
Bernard Crane
Bernard Crane answered on Dec 17, 2018

In most places, yes. Perhaps not a lot of jail time, but many jurisdictions now have mandatory time for a second offense.

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1 Answer | Asked in DUI / DWI for Georgia on
Q: Is an employer responsible for a driver that gets a DUI after the office holiday party?
Bernard Crane
Bernard Crane answered on Dec 17, 2018

You are confusing civil and criminal cases. A bar owner CAN be found negligent and responsible if he over-serves a patron and that patron goes out and injures another person or property. However, 1) it is not entirely clear that an employer could be held to the same standard as a bar owner in that... Read more »

2 Answers | Asked in Criminal Law for Virginia on
Q: So is it illegal to try to be friends with a minor? And send pictures that are non sexual just face pictures?

The parents want to file charges on me because I was talking to a minor and wanted to be friends, and talk in person to that girl. And the parents were saying if I pay their phone cancellation fee which would be over $300 they wouldn’t file charges

Bernard Crane
Bernard Crane answered on Dec 17, 2018

How old was the minor, and is the gender the same or different as yours? If we are talking about a 17 year old girl and you are a 19 year old guy, and there was nothing sexual and it was all above-board, you are probably OK. If this was a 12 year old boy or girl and you are over 20, you are... Read more »

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1 Answer | Asked in Criminal Law for Virginia on
Q: If I transfer SSI to Florida but get violated on misdemeanor probation in Virginia afterwards will I still get SSI in Fl
Bernard Crane
Bernard Crane answered on Dec 17, 2018

This is a benefits questions, not a criminal law question. Your SSI benefits will get cut off IF you are revoked and incarcerated. You don['t get cut off for having a criminal conviction or revocation. You get cut off if you are no longer on the street, and no longer need the benefits to survive.... Read more »

2 Answers | Asked in Criminal Law for District of Columbia on
Q: What motion do you file to ask for a bond on a capias
Bernard Crane
Bernard Crane answered on Dec 21, 2018

DC is one of the only places in the country where they do NOT use money bonds. The only questions are, are you likely to fail to return to court, and are you likely to be a danger to the community? If the answer to either question is yes, you probably will be detained without bond. If the answer... Read more »

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1 Answer | Asked in Criminal Law for Kansas on
Q: While on community corrections can i get credit for time being supervised if my probation was revoked and I go to prison
Bernard Crane
Bernard Crane answered on Nov 29, 2018

If I understand your question, I think you are asking if the time you spend on probation counts against the time you might have to serve if the probation is revoked.

The answer might be different in different jurisdictions, but in any jurisdiction I am familiar with, the answer is no....
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1 Answer | Asked in Business Formation and Business Law for District of Columbia on
Q: I want to set up business of marijuana cookies in Northern Virginia and Washington, DC
Bernard Crane
Bernard Crane answered on Nov 29, 2018

I hope you like the color orange. You might be wearing it a lot.

In DC marijuana has recently been legalized, but ONLY for personal use. In DC if you are over 21 you can purchase, grow or possess up to two ounces of marijuana for your own use. You can transfer up to one ounce of marijuana...
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3 Answers | Asked in Criminal Law for Virginia on
Q: What about my constitutional rights on 4th, 5th, and 6th amendment
Bernard Crane
Bernard Crane answered on Nov 29, 2018

yes

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2 Answers | Asked in Criminal Law for Virginia on
Q: How can I find a criminal lawyer that deals with felonies and not just misdemeanors?

Attempted murder of a police officer

Bernard Crane
Bernard Crane answered on Nov 29, 2018

If the charge is attempted murder of a police officer, the defendant is almost certainly locked up. He should probably ask for a court appointed attorney first, as any good criminal defense attorney is going to have to charge a LOT of money to defend that charge properly. If he likes and has... Read more »

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2 Answers | Asked in Criminal Law for Virginia on
Q: A Woman I was intimate with is married and lied to me about the status. Learned this is illegal, can I press charges?

She also has severe mental health issues

Bernard Crane
Bernard Crane answered on Nov 29, 2018

She has severe mental health issues, and you had sex with her?

And now you want to go the the police and have HER arrested?

You have a right to remain silent.

I suggest you use it.

If you are under 18, disregard the above. Talk with your parents, or a counselor at...
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