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answered on Jul 19, 2021
Generally, yes.
Different soverign, so double jeopary doesn't apply.
answered on Jul 19, 2021
Where is he in the process? Is he pretrial, presentence, or serving a sentence?
If he is being held pretrial or presentence, talk to his attorney right away. The attorney will know what resources are available locally to help, and how to get the Pretrial Services Agency or the jail to do... View More
my last theft was from 3 years ago and all I had for this new theft charge was a necklace and nothing else.
answered on Jul 19, 2021
Its almost impossible to answer this question in a vacuum. There are too many variables. You say your "LAST" theft charge. You didn't say your "only other" theft charge. If this is your third or more theft charge, there is a higher probaility of at least SOME jail time.... View More
We are in WV. My husband signed a binding plea agreement and one of the details was inpatient substance abuse treatment. While at the hearing, the prosecutor insisted on "long term" inpatient treatment, which was not in the original agreement. The judge subsequently added "long... View More
answered on Jul 19, 2021
First off, "long term" treatment doesn't mean what it used to. Thirty years ago long term treatment was 1 1/2 to two years - or in some rare cases three years. As treatment got more expensive and more people started needingt it, it shrunk to one year, then 6 months, then 120 days,... View More
answered on Jan 30, 2020
Short answer: yes.
If the police try to arrest you, that is not the proper venue in which to argue the sufficiency of their reasons for the arrest. It sounds like you know there has already been an escape charge brought against you.
The best thing to do is speak to a good criminal... View More
I picked my friend up after she allegedly committed a crime. The police came to job and I gave them permission to search my apartment where they found said friend. I had no prior knowledge that this friend had just allegedly committed this crime. That was 9 months ago and now I have been subpoenaed... View More
answered on Jan 30, 2020
Short answer: No.
You don't have to talk to the prosecutor, either at their office or at the courthouse, except to identify yourself if they call out your name in the courtroom or the hallway outside the court, and even then only IF the have subpoenaed you. A subpoena does not take... View More
Is there nothing else the defendant can do after accepting the plea bargain?
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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.... View More
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... View More
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
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.
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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... View More
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
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... View More
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.
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... View More
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
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... View More
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... View More
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