Yes, it can be amended. That is unless the defendant can show actual prejudice. That is nearly impossible in practice. It is discretionary with the Court and that discretion is given great weight.
I've never had a charge. My record is squeaky clean.
It sounds like you may have some good facts to fight your case with. You should visit with a defense attorney to get an assessment of your case and possible defenses.
SIMULTANEOUS POSSESSION OF DRUGS AND FIREARMS
Yes, all crimes that are not capital offences are eligible for bonds in Arkansas.
I was told by my public defender that my record would be sealed after I completed my sentencing and I would get my gun rights back because my business(and only means of income) is duck hunting lodge. However I recently was in traffic stop and the officer informed me that my record still shows... Read more »
You should visit with a defense attorney about your case. Depending on how you were sentenced, you may still need to file certain motions and orders to have the charge removed from your record.
A friend asked me to allow him to bring some of his tools to my house cause him and his wife was fighting and I had no problem with that then the police show up with him in the vehicle and find the property and take me to jail and charge me with theft by receiving. Even after he told the police I... Read more »
Sadly, you can be charged with about anything when the police and prosecutor want to charge you. The question is: Can you be convicted?
You have to have the requisite intent to commit a crime to be found guilty. That intent can be proved by circumstantial as well as direct evidence. For... Read more »
I've never had a charge. My record is squeaky clean.
I assume that you were charged with possession of drug paraphernalia. First, did the police have cause to stop you and to search your vehicle? Did you consent to a search? Was the unused needle in your vehicle for a legitimate reason? There are many facts that may determine the course that you take... Read more »
it was night time and an officer pulled me over because he said he couldn't see my license plate even though there was no obstruction and he was well over 50 ft away
No, not if the light was working that illuminates the license plate.
You didn’t post the question
In Sebastian County we just fill this out and give it to the prosecutor. Call the prosecutor they probably have a form. Here is what we do:
https://www.sebastiancountyar.gov/Portals/0/Content/ProsAtty/MI%20PACKET-full%202.pdf
This question was routed to patent attorneys that work with inventors. That is not the right group of lawyers to answer this. It does not sound like landlord-tenant either.
In real estate law there is a little used provision called adverse possession that was left over from a much... Read more »
what is all the steps to becoming a lawyer
1. Graduate High School or earn a GED.
2. Earn a bachelor’s degree in anything from a college. Takes about 4 years.
3. Take the LSAT while in college (maybe they allow other tests now I’m not sure).
4. Complete law school (3 years).
5. Pass the bar exam in the... Read more »
He's charged with 3 misdemeanor if that matters any
It is specific to the facts of his case. If the officers intended to arrest him and subsequently input the wrong information into the booking system, that will not be enough to get the charges dismissed by itself. However, if he was the wrong person and should never have been arrested, then... Read more »
The Attorney General has provided a position statement regarding caring firearms in Arkansas. I have attached the link: https://arkansasag.gov/wp-content/uploads/2015-064-1.pdf
You can always be charged, but whether the state can meet the factors required to convict you of possession with purpose is a different story. The statute contains very specific factors and their is a lot of case law that governs this area of the law. An experienced criminal defense attorney can... Read more »
I worked in a daycare passed a background and also am now working with a retailer that also did a background but now im looking at a better opportunity but I was curious if this charge could get in my way?
If you have completed all the terms of your sentence (done with probation, paid all fines, etc...) then you have the ability to seal the charge so it will not show up and hurt your job opportunities. You should talk with an experienced Criminal Defense Attorney and they can evaluate your ability... Read more »
This ultimately depends on the facts of the case, the court you are in and the prosecutor handling the case. However, in general, with the help of a good lawyer you should be able to avoid doing prison time.
they stopped me originally over a tag lights being out and immediately started wanting to search my vehicle for no reason wat so ever
They have to have reasonable suspicion to ruin the dog or they have to have another person running the dog while they continue writing you a traffic ticket
Not unless there believe you’re a witness to a crime or have reasonable suspicion to believe you have committed a crime.
Basically I got In a wreck a while back (was not at fault) and bought an insurance claim right after I got out of the car. The insurance investigator asked and I lied and said it was before. No money was ever given to me nor was the car fixed and I was making a statement that I wasn't trying... Read more »
I don't know if I completely understand the facts of your case. However, that alone is a reason for you to have an attorney. That is, to help you communicate with the prosecutor as well as the court.
Plead not guilty and advise the court that you cannot afford an attorney. You are... Read more »
I believe that the short answer is yes.
There may be several reasons that a lawyer should not act in both capacities. But, without additional facts, I see no clear ethical prohibition.
Also, I am presuming that you are not asking about a situation in which a lawyer would wear both... 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.
