You have to remember that this is a Public Defender. You are entitled to court-appointed counsel if you qualify, but you are not entitled to pick the attorney who gets appointed. As long as the appointed attorney provides "effective assistance" as that term is defined by the Supreme Court...Read more »
Ok let me add to this then so I can get a little more clarification. An illegal search and Seizure being detailed into a psi is not a violation of my 4th amendment right? Also bc I had marijuana on me in CA and it's legal and being in Indiana it is illegal this evidence enhanced my sentencing... Read more »
During the sentencing phase of a case, the legal standard for the admission of evidence no longer follows the Rules of Evidence. Rather, the evidence only needs to have "sufficient indicia of reliability" which is a pretty low bar.
Hearsay, and even double-hearsay, is allowed....Read more »
The documentation you signed when you started house arrest will outline the parameters of your monitoring situation and what the monitoring authority and law enforcement is authorized to do. It's not clear if you're a pre-trial detainee on house arrest or a defendant on house arrest doing...Read more »
If subpoenaed to court, then the spouse needs to appear so as not to be in violation of a court order that could result in her arrest. That being said, depending on the circumstances of what she would testify to, the spousal privilege may limit or prevent her testimony. She should contact a...Read more »
The judge and attorney had pointed out that they acknowledge this, a motion for dismissal was entered in October however it hasn't been addressed and the 2 counties are passing him back and forth even trying to revoke the bond paid already in one county.
There is nothing that you can do. You had no insurance so the other driver processed a claim under their uninsured motorist coverage (UM). Now their insurance is seeking a judgment against you which they will get. Your only choice is to enter into some voluntary repayment, have the court garnish...Read more »
I don't know what you mean by "brandishing", but it would take far more than that to justify use of deadly force against that person. Keep in mind that there IS a right to bear arms, both for you and the other person. You can't just shoot people because they are armed.
We began dating 7 months ago I was 15 he was 19, he's now 20. My parents knew about our relationship the entire time, but they decided to put a restraining order when they found details of our relationship. I'm just wanting to know if it is a restraining order that will expire, one I can... Read more »
The protective order is likely for 2 years so it will expire before you turn 18, however, your parents may be able to get an extension. Additionally, if you and your boyfriend are sexually active and there is more than 4 years in age difference, he is committing Sexual Misconduct with a Minor...Read more »
On a tip from a C. S. The police served a NO KNOCK warrant. For pot? First SWAT then ICE. Never identified themselves. At gun point. Wouldn’t show us the warrant. Left it after the search. Had no affidavit. They had no badges , we couldn’t EVER see they’re faces. The affidavit is excluded... Read more »
The 4th Amendment search warrant requirement is very complicated and there are several exceptions to the rule unfortunately. The answer to your question is yes, the police cannot come into your home and search it without a warrant or good-faith belief that a valid exception to the warrant...Read more »
I gave consent to search my vehicle but they just took my purse from me as I was stepping outta my car & without asking or anything, proceeded to search it, which led to a drug charge. But I feel as if they violated my rights.
If they did not have probable cause to search the vehicle or your purse, but you gave consent to search the car, there may be an issue with consent to search your purse. Contact a local defense attorney to discuss the case in more detail.
Marriage does not affect SSDI. To be able to get SSDI, you would have to have worked long enough and recently enough to be fully insured. In most cases, you must have earned at least 20 credits during the last 10 years. You earn work credits and become insured for Social Security retirement, SSDI...Read more »
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