Can statements made after the Miranda rights are read be held against you even if you are under the influence? What is a perfect caught with drugs have to have the exact nature what exact drug or exactly that it is. drug? Under the Fourth Amendment rights can a passenger be held on a traffic stop... View More
answered on Apr 9, 2019
Your questions are many and varied.
1. Anything you say can be held against you. Intoxication could affect the weight to be given to those statements by a judge or jury.
2. In order to prove a drug case, the State will have to document the type of drug.
3. Fourth Amendment... View More
answered on Apr 9, 2019
Until the person is released on bond or recognizance, or the case is disposed. If the person wants to accelerate the process, he can request a speedy trial.
answered on Apr 9, 2019
Your question is rather vague, but if a clerk fails to perform a ministerial function, like file-stamping a motion, that should be brought to the attention of the court.
Johnson issued on 8/20/2018, and that's the last entry on my case.in.gov
Marion issued on 11/17/2017, then noted warrant was still active on 4/24/2018. Also, that is the last entry for this case, plea agreement with probation and 351 daya backup time, on mycase.in.gov
Are... View More
answered on Apr 9, 2019
FTA warrants do not expire. You need to have attorneys in these counties follow up.
My husband also did a lot of property damage out of drunken anger. However, he didn't intentionally harm me. He snatched my phone out of my hand and I wrestled with him to get it back. In the process, I received scratches but that is all. They are trying to make him take a plea to a class A... View More
answered on Apr 9, 2019
This is a common problem. Once police are called to a DV incident, someone will be arrested and charged. As you are the alleged "victim", the prosecutor is required to keep you advised of developments, but is not required to do your bidding with respect to the outcome. A domestic... View More
I WISH I COULD FIND THIS INFORMATION ONLINE SO I WOULDNT HAVE TO BOTHER YOU FINE HUMAN I JUST WANT TO KNOW MY RIGHTS
answered on Apr 9, 2019
The police must follow a set procedure in order to eliminate targeting or cherry-picking. The stop must be for a reasonable and short period of time (time enough to check license and registration, for example). You may refuse to answer incriminating questions and are not required to consent to a... View More
I am doing a project for school on this case, and I need help. I am supporting wisconsin's side of the argument, so if you know anything, could you please help? This case is about a man who had his blood drawn without permission, because he was believed to be driving while intoxicated.
answered on Apr 9, 2019
Here is a link to information:
https://www.scotusblog.com/case-files/cases/mitchell-v-wisconsin/
answered on Apr 9, 2019
If you can afford private counsel, by all means seek out an experienced OWI lawyer. If you are indigent, ask the court to so determine, and appoint a public defender. Do not try to represent yourself.
answered on Apr 9, 2019
You definitely need a lawyer if you are charged with an OWI. ROR stands for "Released Own Recognizance".
i just googled my name because my sister said all my information is all over the internet i dont understand how my daughter's information about being sexually abused and putting the man away is all on the court documents where everyone can see as soon as you search my name.
answered on Apr 7, 2019
You were unclear about the source of the information. Unless court documents are sealed, they are matters of public record. Usually, the source of public disclosure of such information is the news media, which nobody can effectively control, thanks to the First Amendment. Courts have no interest in... View More
the prosecutor said I could recover my items from the police, who kept them as evidence against the thief. I called the police department monday and they can't find my items. It is now Thursday. How long do they have to return my items? what if they can't find them now? is it law... View More
answered on Apr 4, 2019
This is not a criminal law question. You may have a tort claim against the police department.
then just let them walk right back out of jail give them a ride drop them off and just leave should your warrant still be active even after it had been being read to you and served?
Criminal Law, I believed it was called the Lamen (sp) case law. Where there were 3 co defendents and they all were offered different pleas. One (lamen) stated that he was never offered the same plea as his co defendants. In return he filled at with the Appellate Court and he was granted the same... View More
answered on Mar 31, 2019
The prosecution has complete discretion in offering or not offering a plea agreement.
answered on Mar 31, 2019
The burden of proof in all criminal cases in the United States is upon the State or Government. Each essential element of a crime must be proved beyond a reasonable doubt.
Drug inpatient treatment to get help but will be 4 weeks from graduating. Not court ordered to be here but was recommended by another county on a probation violation
answered on Mar 17, 2019
There is no "normal" outcome. The judge can sentence to any term up to the cap. As long as the judge does not exceed the cap on executed time, it is entirely discretionary. You waived any right to appeal by entering into an agreement.
I was accused of a crime by a person who says they have video evidence and are going to file a police report.
However, that was 3 months ago and no charges have been filed and I have not been arrested.
A couple of attorneys that I spoke with said no news is good news for the... View More
answered on Mar 17, 2019
Absolutely! The worst thing you could possibly do is contact anyone in the system (prosecutor, cops, clerk's office)!
Let sleeping dogs lie, as the saying goes.
answered on Mar 15, 2019
"Knock and talk" is not based on probable cause. It is entirely consensual. You should never allow a cop into your home without a warrant. If he entered your home without valid consent, you may have a basis for suppression of evidence seized.
I was attacked the guy swung I swung back hitting him 3x he later died from heart complications I was charged with voluntary man slaughter the guy was 6’3 330 I’m 5’10 150. I was only protecting myself from him is there anyway I can get the felony dropped because in 2013 stand ur ground was... View More
I accidentally hit a parked cars bumper yesterday, there wasnt damage to my or their car, so I left. When I got home I googled it, evidently I can get in huge trouble for not leaving info anyway. I dont want to be arrested.
answered on Mar 11, 2019
Leaving the scene of an accident causing property damage is a violation. If there truly was no damage, then there is no violation.
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