They can only be arrested in court if there were prior orders in place on another case or a previous EPO. If they are just being served with the paperwork and had no knowledge of the restrictions they cannot be arrested for only violating those restrictions.
If they were never served at all then they had no notice of the restrictions. If they have a prior EPO or DVO that has restrictions in place and they violated a warrant can be issued for their arrest based on a new criminal charge of violating an EPO/DVO. An EPO or DVO by itself is a civil case but...Read more »
Yes. Typically in these type of cases a competency evaluation is performed and once the results are in there is a competency hearing. Both the prosecution and defense argue their position and the judge ultimately decides the issue.
As stated above I had got stopped originally because my license ate wasn't lit up. But after the officer found out I didn't hold a license I was booked. This is my first ever recordable offense on my record and I just am wondering if it was possible to ask for leniency from the judge on... Read more »
The arresting officer lied in his police report, and then again on the stand during the preliminary hearing. One of the lies he told was that he and one other officer were the only ones there the night my fiance was arrested. That is not the truth. There were at least ten and possibly even more on... Read more »
They moved the case to grand jury and it's Sept 13th i just want my fiance home we were both drug addicts and living in my car for the past 2 yrs after losing both our jobs and our home so we were under a lot of stress and under the influence this is his first offense and no prior charges... Read more »
Serve their time then get released, just to get hit with 10 probation violations for felony offences? Let's say hypothetically if someone Had a friend get caught for trafficking meth first offense first degree and a probation violation. He served about two years on that, then was released. A... Read more »
I just wanted to know if I were to be on my front porch and I happen to be smoking meth out of a meth pipe and somebody sees it and calls the cops on me and the cops show up but they don't find the pipe or any drugs on me can I still be arrested?
a girl make a fake report on me and i had no idea until a military police scanned my ID and it was flagged and they had detained me and wouldnt tell me why. they then two hours later said the report was "cancelled" and that they could tell it was a false report and they would take care of... Read more »
A friend was arrested last week and is still in custody. Court is 8/30, and we need to get a court appointed lawyer, she does not have money to pay for private representation. Can she have access to the arrest report and any other documentation or evidence pertaining to that arrest before going to... Read more »
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.