Courtney Edwards' answer At your first court appearance, you could show up and explain the circumstances to the prosecutor. However, that can be risky as you may give the prosecutor too much information. Also, the prosecutor will not take it well if you have somehow succeeded in getting the police officer not to show up- you shouldn't mention this to the prosecutor. If the prosecutor is unwilling to dismiss the case, you would next have to plead not guilty and set your case for trial. If the police officer and...
Courtney Edwards' answer There are a couple of answers to your question here. First, yes, it is against the law to falsely report a crime. However, the report must be made to law enforcement to fall under the "false reporting" statute.
Second, are more toward your question, when someone files a protection order, they have to sign the complaint "under the penalty of perjury." This means that if there are statements that are materially false, your wife could be subject to a prosecution for perjury. There...
Courtney Edwards' answer The District Attorney should have provided you with a "Complaint and Information" listing all of the charges against you. If the only charge is the POWPO charge, then that is likely all you have been charged with. However, the DA can at any time before trial, amend the Complaint and Information to add more charges if the DA has a good faith basis to go forward on those charges (meaning, the DA needs evidence against you to add charges).
Mr. H. Michael Steinberg's answer There are no limits on the DA in filing charges as long as their is evidence to support the charge filed. In other words the DA is the charging authority in all cases - especially felony cases.
Juliet Piccone's answer I'm not sure how the detective is going to cite or arrest her for theft if you and they do not know where she lives. You aren't going to get anywhere without knowing where she is located, because how will she be served with a criminal or a civil summons? In my opinion, you need a real consultation from an attorney who handles these cases all the time, like me, not just a random post on Justia. We could discuss what information is known, what is unknown, and how to fill in the gaps and...
Mr. H. Michael Steinberg's answer Totally legal. The only time parents can intervene is when the child is under arrest or is in a circumstance that would be considered the equivalent of an arrest. In that case the child -
If questioned - Would have to be advised.of their Miranda rights and waive them or not - with the consent of a parent or or other legal guardian
My suggestions would be to call them up and talk to them. Sign an agreement. Put down a retainer of an agreed upon amount. If anything happens you have a lawyer retained and they know they'll get paid.
Some attorneys won't do this at all because they don't want to be responsible for representing you for whatever; they want to know what they're getting into. Others will likely charge...
Brian K. McHugh's answer You do not need to decide what charge or charges to file. Go to the police department in the city or town where this happened (it will be the sheriff's department if it happened in an unincorporated part of the county) and tell them you want to file a report. The law enforcement officer will take your statement, investigate and decide what action needs to be taken next.
You should also report it to your employer's HR department.
John Kenneth Joyner's answer If you feel you are being threatened you can contact local law enforcement and let them decide if there is probable cause to charge the person with a crime.
You can also make a copy of the threats and take them down to the courthouse to request a temporary protection order. You can then request a hearing to have the order made permanent. You will be required to have the paperwork served on the restrained party before the permanent protection order hearing.
Brian K. McHugh's answer Any time in jail waiting for resolution of the case, whether the resolution is sentencing based on a plea or trial verdict, or sentencing based on a violation of probation, will be credited against the sentence imposed. That is true on work release and straight jail sentences.
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