Get free answers to your Criminal Law legal questions from lawyers in your area.
And what should I do if I have proof of someone assaulting me, calling me racist names, and destruction of private property?
answered on Jan 13, 2021
you can go to the court and petition for a protective order. If s/he does it after the restraining order is granted, the police will arrest on the spot.
answered on Jan 13, 2021
very difficult to set aside a plea of guilty if it was knowing and voluntary.
I am charged with trafficking it is my first offense
if you did an outburst in court
answered on Nov 14, 2020
A no bond hold means he sits in jail without any ability to post a bond for his release.
answered on Nov 9, 2020
I am not an expert in firearms law but my understanding is that you are banned for life under federal law because of your 4th degree felony conviction. Some states may allow it but you run the risk of federal prosecution if stopped by, for example, a federal park ranger.
Conviction date was 06/2015. I was sentenced to 1 year probation. I successfully completed probation in 06/2016. Does my attorney need to file for dismissal or is it automatically dismissed after 4 years?
answered on Oct 23, 2020
There is usually an Order of Release on Conditional Discharge with is submitted by the probation officer and signed by the judge. That order closes the case and relieves the probation officer from continued supervision in the case. The record of adjudication will remain.
The only way to... View More 
answered on Oct 19, 2020
Many crimes only require general intent. Planning ahead to commit a crime sounds like premeditation, carefully weighing the pros and cons, which is only required for first degree murder. Other crimes require a specific intent to do that crime but it does not require a plan or a scheme. Planning to... View More
But it was an accidental shooting is there anyway of helping this person receive a more lenient sentence?
answered on Oct 19, 2020
Yes, hiring an experienced defense lawyer to take this to trial. First degree murder carries a minimum of 30 years with no good time, and even after 30 years very few convicted murderers ever get released on parole. By contrast, an accidental shooting with a firearm enhancement carries one to seven... View More
or can I handle it over the phone from here
answered on Oct 19, 2020
The general rule is that when a warrant is issued it will be designated as extraditable or non-extraditable. When a non-extraditable warrant is issued, it generally means that if the individual is arrested in the state where it was issued, police will arrest him. However, if the person is found... View More
My boyfriend and I feel that his current attorney does not have my boyfriend's best interest at heart. He doesn't seem very engaged in the case and was even agreeing somewhat with the procecuter during arraignment. He also doesn't seem to any strategy for the case so far. Would it be... View More
answered on Oct 9, 2020
Our Federal Public Defenders and Criminal Justice Act (CJA) attorneys are among the best in the business, under-appreciated and overworked by qvery good, Wolfe. Usually when a defendant or his friends/family want a new lawyer, the problem is not the lawyer but the client having unreasonable... View More
answered on Oct 9, 2020
You need to ask your criminal defense attorney. If the case was indicted by grand jury, in all likelihood the destruction of the electronic file in magistrate court is harmless. If there was a preliminary hearing, there is a good chance they will have to do another one if the recording of the first... View More
I have been charged with failure to report a change in living arrangements under SORNA in Luna County, NM. The criminal complaint has no information regarding the event that triggered the charge. It only states the requirement to report. I have no clue what change I allegedly did not report and no... View More
answered on Oct 9, 2020
The complaint is often barebones but there will be an affidavit in support of arrest warrant and police reports and your attorney can request all discovery and interview the prosecution witnesses. Absolutely you have the right to get all of the documents and read them.
As a juvenile or a adult till now . What would be the consequences?
answered on Oct 9, 2020
you will likely get no jail time unless there were injuries. You will need to complete an assessment and anger management or domestic violence prevention classes.
I told the police it was my gun. So not in his possession or inside his home. They charged him with felon in possession of firearm. Is there anything I can do so that charge doesnt stick? It was in my vehicle. Not in his.
answered on Oct 9, 2020
(1) Hire a lawyer for your bf or apply for a public defender if he cannot afford a private lawyer
(2) Get an email or letter from you to his new lawyer explaining that the gun was yours. Give the lawyer copies of the title and registration and insurance of the Jeep to you, not him. Also get... View More
him out of jail at the arraignment ?
answered on Oct 9, 2020
Hire a lawyer? The judge is probably tired of seeing your son again and again.
I was found not guilty by jury. In the past five years I believe. I've probably gone through numerous background checks I don't know why I didn't get the jobs and for some reason today 9/15/20 I ran a sex offender check and my address the name is a little different but same family .... View More
answered on Oct 9, 2020
You can get your record expunged from the district court in the county where this happened.
My child whose 14 in my other child whose 13 was accused of pulling a sign out of a yard and the owners grabbed him and held them until the cops came
answered on Oct 9, 2020
What is your question? He will probably go with you the the Juvenile Probation Office for an assessment. They are not your adversaries but just trying to get a handle on family stability, school attendance and grades, drug use. If neither of your sons has a juvenile record, I would guess they will... View More
I was arrested 15 years ago. Las Vegas, Felon in Possession of a Firearm. I was bonded out. I absconded before my arraignment. Ive been pulled over in the state where I live and told I have an outstanding warrant in NV but they declined extradition. My mothers dying and I want to go home. When I... View More
answered on Aug 16, 2020
The statute of limitation has not changed but, unfortunately, when you fled the jurisdiction you tolled the statute. Depending on how many prior felonies your attorney may be able to avoid imprisonment when you decide to face the charges. Or you can wait to be stopped on a traffic violation and get... View More
answered on Jun 5, 2020
If you were charged you would know. Generally, vandalism, malicious destruction of property would be two of them. There may be others.
We have her insurance info and filed a claim. Our insurance paid our vehicle off and offered us an extra almost $4500 (This does not replace the vehicle). We are still waiting, 6 days now for police report. We have lost work time, scared kids, no vehicle, and anguish to know end. We want to go... View More
answered on Mar 29, 2020
I am so sorry to hear of your recent crash which was caused by a drunk driver. DWI's continue to be a real problem in our state. You can bring a personal injury claim against the driver and insurance company for all injuries suffered by you and your family. Each of you have an individual... View More
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