You are entitled to representation. You are NOT entitled to different representation because you do not approve of the representative provided to you. Your option is to find a way to pay for private counsel. Otherwise, your lawyer is your lawyer unless a conflict of interest arises (conflict of...Read more »
They entered the yard handcuffed him at 10am searchead his home and found his safe broke into it found drugs and money and arrested him and served him aearch warrant at 120 pm while already in jail is that even ligal i thought you needed a warrant to search premises and their body cams were off... Read more »
Generally speaking, the government needs a search warrant to search your home. There are some exceptions such as exigent circumstances or imminent danger. You indicated that they served a warrant him later in the day. What really matters is when was the warrant issued by the Court. Again,...Read more »
I was getting a ride from acquaintance . I was sitting front passenger seat of a mini van.
I just got into the vehicle not only two miles down the road the cop pulls him over for making an illegal turn. The vehicle ended up being searched and the cops found a bag carrying illegal... Read more »
If so, where is the case law that I can use in a motion to dismiss?
In a domestic violence case, I was basically wanting to have my ex served and out of my house, I put a restraining order that was not yet served 2 weeks prior. I called 911 twice that night , the cops showed up, my ex was... Read more »
No. Proving they have a motive to fabricate is a credibility issue that can ONLY be resolved at a trial. What you describe is something where a judge is going to need to hear and receive evidence from both of you before it can be decided.
A Motion to Dismiss is only appropriate where there...Read more »
You would likely be charged with failure to control your vehicle (infraction) and leaving the scene of a property damage collision (misdemeanor). You will likely face a fine and a serious increase in your cost of insurance.
If so, for a someone who doesn't speak English or doesn't speak really well, would working on learning the language demonstrate good faith? Perhaps as a means to finding more work opportunity, for example.
I'm sorry to hear about your loss. My heart goes out to you.
Family law is not the right category for this question though. It better belongs to the criminal category, as the decision to press charges is ultimately up to prosecutors and somewhat to the police. Those of us who are...Read more »
If there are criminal charges against the assailant, you should talk to the victim advocate. A lot of times you can get release conditions (if not already in place) that will prohibit contact or harassment. If there is no criminal case you may be able to get some form of protective order such as...Read more »
Me and my Wife rent a room at her mother's for 800 a month, and always pay on time. Me and my Wife suffer from severe anxiety and her mom keeps racking on the door randomly waking up our child and shooting our anxiety through the roof. We have confronted her told her of our anxiety and to... Read more »
I'm sorry to hear of your situation. I'm sorry that your mother-in-law is not more sensitive to your needs. That is certainly a failure on her part on the human level. I wanted to give you the number for National Suicide Prevention Lifeline: 800-273-8255
I was 18 and homeless in 1996, cutting across an open parking lot (privately owned). A policeman said he couldn't stand us homeless (today I hold degrees in biotech, microbiology, and teaching) and I needed to leave town. He arrested me for criminal trespass. I was fed rotten green baloney and... Read more »
It sounds like what you are probably seeking to do is set aside your conviction. While this is not entirely what you are asking, it may accomplish your objectives. A set aside if granted will set aside the judgment of guilt and dismiss the complaint. You should consult an attorney to discuss...Read more »
Let's think this through.... A woman you've never actually met was arrested in Nigeria for something you had nothing to do with. But you've been told by her "lawyer" that you need to pay $4500? That's called a shake down. And you're being taken for a ride as a...Read more »
The judge is correct the time to argue facts are trial. I understand this is not the answer you were hoping to hear, in criminal cases there is not a Motion for Summary Judgment where you are permitted to get a ruling of guilty or not guilty based on undisputed facts prior to trial. You can...Read more »
If by drug screening you are referring to UA ordered by Court/probation/pretrial services to determine whether there are any drugs in your system, typically you will be ordered to a specific provider such as Averhealth. You will have to go to that provider unless you will get permission from the...Read more »
I wasn’t sure which box to check for burglary, but I am reaching out for a long time family-friend of mine who is already incarcerated. I believe he was working with a court appointed attorney here in Pima county but she does not keep in contact. He has not heard from her for quite some time, to... Read more »
Pro Bono attorneys are public defenders. That's what he has. They aren't private attorneys. As a former deputy public defender I can confidently say they have a huge caseload of hundreds of other cases. They don't have time to "check in" regularly. They're not there to...Read more »
After ten minutes of searching they say they found heroin next to my shifter and come and ask me if it was heroin. They told me they had probable cause to search. How can this be if they found drugs ten minutes after there search. Just because I was sleeping. Does that mean they can enter my... Read more »
I don't entirely understand your question. If there was something that "through training and experience" an officer believed something to be heroin in plain view, they have probable cause for a search. Was there body cam? Dash cam? I suggest speaking with your attorney who can review...Read more »
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