The answer is most like yes, your statement is admissible. The police will argue that you were not in custody at the time you made the statement. Miranda warnings (rights, as you call them) are only required to be administered when you are not free to leave and the police question you. You need...View More
This is a very bad idea. It will be interpreted as an attempt to connect with her, in violation of the order. Maybe you could argue that is not your intent, but I highly doubt that a judge will believe you. Don’t do it.
Felons cannot possess a firearm. I am not sure what you mean by ‘non lethal.’ A baseball bat can be lethal, but there is no law against possessing one. Knives are also lethal, but you can possess one in most circumstances. Maybe you should consult a lawyer in private, and be more specific...View More
If you have not been charged, there is nothing to prove. The burden is always on the state to prove guilt. But that is not the end of the inquiry. If you think police are considering charging you, but believe you have evidence that will help convince them that charges are not warranted, you need...View More
I'm under the impression that the only time one is required to give ID during a traffic stop is if you're the driver, OR if the police officer has a reasonable, articulable suspicion that you've committed a crime, or are in the process of committing a crime.
In general you are correct. But an officer doesn’t have to furnish you with a reason when he/she/they ask for your ID. Whether the officer has an articulable suspicion is usually evaluated after the fact by a judge or jury. Nothing prevents you from asking why the officer wants ID. But use...View More
Long story short my boyfriends grandmother was harassing and yelling at him to pick up two small stones of concrete. He told her to stop giving an attitude or he was not going to do so. She continued to follow him around the yard, as he opened my car door she then pulled my door back, pushed him... View More
Domestic charges are serious and potentially a felony depending on the grandmother’s age. Your boyfriend needs a lawyer. It may be possible to get the charges dropped, but there is no ‘one size fits all’ answer. Please contact and retain an attorney. Don’t try to do this alone. I hope...View More
A prior will has been submitted with different executor. The other nominee has already stolen all property and is trying to sell a house under beneficiary's nose and keep everything. Is this a crime or it it a civil issue?
This is a trusts and estates issue. It may be civil in nature, but if you are alleging theft, there may be a criminal element to it. You should find a civil litigator who has experience or knowledge about contesting a will or challenging the distribution of assets from an estate. From the way...View More
They know because of a complaint, or a text message, or an email, or because of a witness.... or many other reasons. There is no one answer. If you say there is a violation, that may be enough. If there is a voicemail, the police will want to listen to it. If you have a restraining order...View More
Well, there must be a reason for the denial. Did you ask? Have you had a BCI check run with the Department of Attorney General or a police department? I believe the governor has extended the waiting period for gun purchases. I suggest that you directly inquire why your request was denied. If...View More
I would like to hire an attorney but I am looking at being fired because I have had to miss so much time at work to go to court. I have not one thing on my record and have had 2 restraining orders on him in the past. I dont understand how they cannot see that I was not the aggressor.
You are right-- you need an attorney. I understand why you feel the way that you do. But the fact is you have been charged. The police are often trained to look at the people involved in a domestic dispute. When there is visible evidence of injury, the police are required to charge someone....View More
If I regret my decision to call the cops and believe I have no evidence against the defendant who wants to take it to trial what is the smoothest way for me to have the case dismissed? I just want it to be over and not backfire on me.
The victim cannot dismiss a charge. The victim can communicate, however, that he/she does not wish to go forward. That may lead to a dismissal, depending on the facts. You should discuss this matter with a lawyer before you do anything in order to avoid any issues.
So I was 8 months pregnant when my boyfriend hit me because we had just broke up. He made me so emotional because I was at the end of my pregnancy and he left me for someone else. But after he hit me I called the cops and they arrived 5 minutes later. But he was not at the scene. The police decided... View More
Don’t lie for him. The felony on his record is not your fault. It’s not your job to ‘get it off his record.’ You could benefit from some private legal consultation. Even if you are now on good terms, there is no real excuse for striking a woman, much less one who is 8 months pregnant.
Yes, in many cases you can be charged again after the original complaint was dismissed. As long as the statute of limitations has not run, the charges can be brought again. You should hire an experienced lawyer to respond and defend you. Good luck.
I am sorry for your situation. Domestic crimes are viewed very cautiously by judges and prosecutors. The penalties are more severe, usually requiring batterers intervention classes for six months. Domestic cases are also harder to seal or expunge, and the wait before expungement is longer. It...View More
My bf is being charged with B&E after a dumb argument we had in my apartment. He isn’t technically on my lease, but he does pretty much live with me. He is asking me to write in his name on the lease I do have, without telling the landlord. Is this illegal? If I do do this( will they contact... View More
You are smart to ask this question, and your boyfriend's attempt to "fix" the lease is, to be charitable, very foolish. Don't do it. If this case was charged as a domestic B and E, you should not even be in contact with your boyfriend unless and until the no contact order is...View More
I had a bad argument with my boyfriend while drunk one night, which resulted in me telling him to leave and calling the police. He has been charged with B&E, however he is on my rental lease. He can not afford a lawyer at this time, so he has decided to go with a public defender. He had court... View More
Cooperate with the attorney. Public defenders do a terrific job, and should follow through with their own investigation. The Rhode Island public defender has its own investigators. You can also communicate to the Attorney General that you do not wish to go forward with any complaint against your...View More
This really is not a civil rights question. But if the house is yours, and she has no ownership interest such as a lease has paid rent, you can probably get a trespass order from the police. Be careful about what you’re doing here. Your sister is still going to be your sister.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.