This is for firearm ownership 18, U.S.C. §922 (g) (9) and it is a misdemeanor
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answered on Sep 11, 2023
Under 18 U.S.C. §922(g)(9), an individual convicted of a misdemeanor crime of domestic violence (MCDV) is prohibited from possessing firearms. Whether a contempt of court protection order violation with a domestic violence factual basis qualifies as an MCDV would depend on the specific... View More 
He has a court appointed attorney who we feel is not doing her job well and wanting to hire private attorney, she is the one who requested the January trial saying the prosecutor needs more time?? Won’t share the details of the case either. What is the best suggestion for this?
Our question is this:
Assuming no criminal history, no prior affiliation with drugs in any capacity, if a civilian were to walk up to an officer on the street, and say "I have cocaine at my house", and go on to refuse any searches and refuse to produce said cocaine, or take any... View More
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answered on Aug 30, 2023
Although I do not practice criminal law, I would think that an admission that you had an illegal substance in the house would be enough to constitute probable cause to obtain a warrant to search the house for that illegal substance. You are basically admitting to the illegal act. At that point,... View More
A 20 yr old man was arrested in a sting opperation with a "16yr old" girl. The man was released and sentanced to probation. He has been in jail since February 18. Yesterday was his dispostion hearing, he was told he didnt need to attend that they will handle it all on the 27th of March.
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answered on Mar 11, 2023
If the man was told by his lawyer or a court official that he does not need to attend his disposition hearing, then he should follow their instructions. However, if he is unsure or uncomfortable with not attending the hearing, he should contact his lawyer or the court to clarify and discuss his... View More
For legal project I am trying to find the same or number of the law about not being able to kill someone because they murdered a pet, which in this case was a pet bird
answered on Feb 27, 2023
It is unlikely you will find a statute explicitly addressing this question.
Instead, you will likely find “self-defense” statutes which describe when it is legal to use deadly force in the defense of yourself and, in many states, in defense of another person.
A few states allow... View More
It’s a dependency and neglect case opened a year ago. There have been no transcripts and finally after court last time I checked again and there are a year with of transcripts but all of the information is wrong, it even skips from 9/22 to 9/21 then back to 9/22. So there not even in order.
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answered on Sep 15, 2022
Court reporters transcribe court proceedings. It is not common that they are wrong. However you can request an audio of the proceedings.
answered on Dec 28, 2020
While I am not familiar with this particular substance, the fact that it was confiscated by USDHS certainly means you "can face legal repercussions." If the possession/amounts possessed are criminal and this is verified, a law enforcement agency could certainly claim there is probable... View More
My Q's are as follows: Should I expect legal trouble (and start hiring a lawyer) as it is my understanding this is NOT and illegal substance. Is this grounds for a Judges to issue a warrant for the search of my home?
answered on Dec 28, 2020
If USDHS seized the substances because the substances are, as the cited statute states one of for which "importation is prohibited, or import of which in any manner is contrary to law," then you can very likely "expect legal trouble." Evidence of this type of crime also... View More
answered on Apr 14, 2020
Potentially. Criminal assault occurs when a person knowingly or recklessly causes bodily injury to another person. Bodily injury is defined as physical pain, illness, or any impairment of physical or mental condition. More likely though, this is a noise violation - either Disorderly Conduct... View More
If they have been turned in via 3949a
answered on Mar 22, 2020
It is impossible to say without additional information. This is also something that should not be discussed in an open forum. You need to stop looking for answers here and contact a tax attorney where attorney client privilege will apply.
He cancelled his card. Now it turns out, our 17 year old son spent the money. Is this a felony and what do we do?! Will the bank file charges?
answered on Jul 29, 2019
This family situation is what the world calls a dilemma. However, as long as the bank did not lose any money they should care less. Use this as a teaching time for the kid--before he leaves the nest.
She requires a civil injunction against those who seek to deprive her of her property while she is away. She is a New Mexico resident. She owns Harleys... Trucks... A home...etc... Her plea bargain is on the docket for July 11th, 2019. And she has already found that her motorcycles have had their... View More
answered on Jul 5, 2019
If she owns that much property, she can afford to retain counsel.
We know that he will do time regardless, but are wondering whether to just let him use a public defender or get a lawyer.
answered on Jun 28, 2019
Public defenders are lawyers, and often very good ones. A private attorney generally will have more time- as you are paying them for their time- and a lower caseload, but a public defender has the advantage of being in the same courtroom every day and knowing how the judge and prosecutor will act.... View More
I have a deferred sentence and one of the conditions is no criminal violations. I recently got a penalty assessment for fishing without a license and have to pay $70. Will this effect my deferred sentence.
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answered on Jun 6, 2019
It should not. Technically a penalty assessment is a civil - not a criminal - offense. You should be - will be - fine.
answered on Mar 12, 2019
You would need to take a copy of the judgment to an immigration attorney for a full analysis, The wording of the specific statute under which you were convicted is important in making this determination.
I'm not sure if I need a immigration defense lawyer or what type of criminal lawyer I need?
answered on Feb 24, 2019
You need a criminal defense attorney to handle the criminal charge. You will need an immigration attorney to represent you in removal proceedings if you are referred to immigration court. Your criminal defense attorney should consult with the immigration attorney to discuss immigration... View More
They are licensed in his name and we were both illegally incarcerated when this was done. The police came in unannounced and attacked my disabled husband with complete disregard for repeated statements about his medical conditions. We were refused medical treatment on video by the officer who... View More
answered on Jan 29, 2019
This is not the type of question that can be answered without more information. I would highly recommend that you contact an attorney who handles these matters on a regular basis. In general, when a disabled person is incarcerated the police can impound service dogs unless the disabled... View More
answered on Jan 15, 2019
You should change the geographical location for this question so that a South Dakota lawyer sees it. Right now, it is popping up in the Colorado section.
In a online smear campaign this guy says I owe him money and he will sqeeze it out of me and he knows where I live and he will get me. Is this criminal harrassment or criminal threat?
answered on Oct 27, 2018
If you feel you are being threatened you can contact local law enforcement and let them decide if there is probable cause to charge the person with a crime.
You can also make a copy of the threats and take them down to the courthouse to request a temporary protection order. You can then... View More
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answered on Aug 24, 2018
The short answer is no. A deferred judgement is like a contract approved by the Judge. To modify the contract - such as shorten the term - the DA has to consent. The judge has no power to shorten the term without the consent of the DA.
Sometimes the DA will consent. Depends on the... View More
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