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Questions Answered by Daniel Gross

1 Answer | Asked in Criminal Law for District of Columbia on

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

Daniel Gross answered on Jul 28, 2011

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... Read more »

1 Answer | Asked in Traffic Tickets for District of Columbia on

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

Daniel Gross answered on May 5, 2011

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... Read more »

1 Answer | Asked in Criminal Law for District of Columbia on

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

Daniel Gross answered on Apr 11, 2011

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.

2 Answers | Asked in Criminal Law for District of Columbia on

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

Daniel Gross answered on Apr 11, 2011

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... Read more »

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1 Answer | Asked in Constitutional Law for District of Columbia on

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

Daniel Gross answered on Apr 5, 2011

There are two sites that people use to find the Court's docket or recent opinions. http://www.scotusblog.com/ and www.oyez.com

1 Answer | Asked in Uncategorized for District of Columbia on

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

Daniel Gross answered on Mar 28, 2011

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... Read more »

1 Answer | Asked in Criminal Law for District of Columbia on

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

My husband is on parole and had a bad car accident. Once he survived 3 months later they pressed charges for a DUI and posession of marijuana. He plead guilty and has been meeting the requirements of the court. They issued a parole violation warrant two days ago and he is locked up waiting for... Read more »

Daniel Gross answered on Feb 28, 2011

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... Read more »

1 Answer | Asked in Constitutional Law for District of Columbia on

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

Daniel Gross answered on Jan 14, 2011

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... Read more »

1 Answer | Asked in Uncategorized for District of Columbia on

Q: What does media concludendi mean?

Daniel Gross answered on Jan 6, 2011

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.

1 Answer | Asked in Criminal Law for District of Columbia on

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

Time bared. when you did not amswer the first one

Daniel Gross answered on Jan 6, 2011

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... Read more »

1 Answer | Asked in Criminal Law for District of Columbia on

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

Daniel Gross answered on Jan 5, 2011

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... Read more »

1 Answer | Asked in Uncategorized for District of Columbia on

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

Daniel Gross answered on Dec 21, 2010

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... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on

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

Daniel Gross answered on Dec 21, 2010

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.

2 Answers | Asked in Criminal Law for Massachusetts on

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

Daniel Gross answered on Dec 21, 2010

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... Read more »

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1 Answer | Asked in Criminal Law for South Carolina on

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

Daniel Gross answered on Dec 21, 2010

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.

1 Answer | Asked in Constitutional Law for District of Columbia on

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

Daniel Gross answered on Dec 21, 2010

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... Read more »

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