Questions Answered by Daniel Gross

Q: How does the news media affect a defendant's right to an impartial jury?

1 Answer | Asked in Criminal Law for District of Columbia on
Answered on Jul 28, 2011
Daniel Gross' answer
There is no doubt that people tend to believe much of what they hear in the media. In the case of a high-profile case, it is very important to find out of prospective jurors have heard anything about the case, or formed any opinions. This is part of the voir dire process which basically means to speak the truth.

Q: Can the police pull me over for making a u-turn when I am in line for a checkpoint?

1 Answer | Asked in Traffic Tickets for District of Columbia on
Answered on May 5, 2011
Daniel Gross' answer
I assume that you are talking about a sobriety checkpoint, and not the police looking for a suspect. Generally speaking, choosing not to enter a checkpoint should not give the police sufficient probable to stop you if the u-turn is a legal maneuver. However, in reality, you will probably be stopped. The police may follow you until to you commit some minor moving violation, of which there are many, and pull you over for that. It is best not to drink and drive. However, if you have been...

Q: Can an inmate receive statutory good time on a probation service

1 Answer | Asked in Criminal Law for District of Columbia on
Answered on Apr 11, 2011
Daniel Gross' answer
If you are referring to probation as a sentence in a criminal case, probation is generally treated as a contract that the defendant agrees to in order to avoid going to jail. For this reason, you are basically asked to live up to the terms agreed upon.

Q: Do I have a right to defend my property using deadly force?

2 Answers | Asked in Criminal Law for District of Columbia on
Answered on Apr 11, 2011
Daniel Gross' answer
The law will generally not allow one to assert the defense of self defense when deadly force is involved to protect property. In Washington, there are several elements to self defense. The most important to your question is that deadly force can only be used to defend yourself or another if there is an immediate threat of serious bodily harm from the attacker. If you are only protected property, it would be hard to show such threat.

Please note that this is only general information...

Q: Does the Supreme Court publish what it on its current docket?

1 Answer | Asked in Constitutional Law for District of Columbia on
Answered on Apr 5, 2011
Daniel Gross' answer
There are two sites that people use to find the Court's docket or recent opinions. http://www.scotusblog.com/ and www.oyez.com

Q: Was there a Conspiracy Law set in place in 1865

1 Answer | Asked in Uncategorized for District of Columbia on
Answered on Mar 28, 2011
Daniel Gross' answer
Much of the law in the United States including Washington, DC is based on British common law. This is law from cases and judicial opinions which may never get made into an actual statute. The concept of conspiracy and the common law basis for a conspiracy charge predated 1865. I believe that Congress codified a conspiracy law in the 1867 draft of the US Code.

Q: Is there any chance at the probable cause hearing that the parolee will be released to return for the local hearing?

1 Answer | Asked in Criminal Law for District of Columbia on
Answered on Feb 28, 2011
Daniel Gross' answer
It appears that you and your husband are dealing with a real situation that has real consequences, and this is not a hypothetical question. I recommend you contact a Washington, DC criminal defense attorney as soon as possible so you can be provided actual legal advice rather than general information.

Q: How to you make complaints about unfair prison treatment??

1 Answer | Asked in Constitutional Law for District of Columbia on
Answered on Jan 14, 2011
Daniel Gross' answer
The specific policy would depend on the jail, detention center, or prison where the inmate is being housed. As a general rule in the US, a prisoner may file an official grievance with the agency designated by federal or local law. The inmate is required to be made aware of these procedures. The grievance or complaint should be kept confidential and the corrections officials who are the subject of the complaint should not be allowed to retaliate because the prisoner has filed a formal...

Q: What does media concludendi mean?

1 Answer | Asked in Uncategorized for District of Columbia on
Answered on Jan 6, 2011
Daniel Gross' answer
This term is a little-used Latin phrase which looks at all steps in an argument to see if they are logical. When an appeal court is reviewing a fining, the court can look to see if the judgment is conclusive in all parts of the arguments.

Q: WHAT IF YOU WROTE A MOTION ,THAT GOT FILED, BUT NEVER ANSWERED THEN YOU REWRITE THE SAME MOTION AND FILE IT , AND NOW IT

1 Answer | Asked in Criminal Law for District of Columbia on
Answered on Jan 6, 2011
Daniel Gross' answer
Please state what type of motion you are talking about. Your question is posted in the criminal law section. If this is correct, are you asking the US Attorney to comply with something or the court to take some other action? If it is a civil motion you are talking about, a different set of rules apply. Please provide some additional info and I would be happy to respond.

Q: Can a court appointed Lawyer refuse to withdraw a motion.

1 Answer | Asked in Criminal Law for District of Columbia on
Answered on Jan 5, 2011
Daniel Gross' answer
It should not matter whether your criminal defense lawyer was appointed by the court or hired by you privately. As a general rule, the client has a right to make all major decision that can affect the outcome of the case. I am not sure what type of motion you are talking about in this case so it is hard to give a more specific answer. If you provide some additional details, I would be happy to provide more information.

Q: How do I run a continuance for my pre trial? Must I appear in person?

1 Answer | Asked in Uncategorized for District of Columbia on
Answered on Dec 21, 2010
Daniel Gross' answer
If the continuance is agreed to by both sides of the case, it can generally be submitted to the clerk’s office for the judge to consider without a hearing being required. If one side opposes the continuance then a hearing will generally be required. Please note that this general advice only and should not be considered legal advice.

Q: Is there a website that I can use that would show me how long someone got sentenced for?

1 Answer | Asked in Criminal Law for Massachusetts on
Answered on Dec 21, 2010
Daniel Gross' answer
https://www.vinelink.com/ will show where people are incarcerated and will generally have their projected release date if it has been provided by the department of corrections.

Q: Do they do drug testing on all people that have to go to probation?

2 Answers | Asked in Criminal Law for Massachusetts on
Answered on Dec 21, 2010
Daniel Gross' answer
No, probation is a contract and consists of terms that you and your lawyer and the Commonwealth's attorney (ADA) agree to and present to the judge. If it is a drug offense or you have a history of drug use, then random drug and alcohol screenings will probably be a condition requested by the Commonwealth and required by the judge. If you have no history of drug use and the crime is not related to drugs, it may not be a condition. Each case is different. Please note that this is not legal...

Q: Where can I go to find the state statutes and rules and regulations about drugs?

1 Answer | Asked in Criminal Law for South Carolina on
Answered on Dec 21, 2010
Daniel Gross' answer
These laws are in the Health Code of the South Carolina Code of Laws in Title 44 Chapter 53 Sections 10-1650 (44-53-10) titled POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES.

Q: Where in the constitution does it refer to private rights to contract or that no state shall impair the right to contrac

1 Answer | Asked in Constitutional Law for District of Columbia on
Answered on Dec 21, 2010
Daniel Gross' answer
Article 1 Section 10 contains what is called the "Obligation of Contracts" clause which prohibits the government from making laws that that can impair the validity of existing contracts. This applies to legal contracts and the government can make the subject matter of the contract illegal. For example, if they make a certain drug illegal, then a contract to purchase it will be void. Please note that this is not legal advice but rather general information only.

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