Brian K. McHugh's answer It could be fraud, but it would depend on what, if anything, he did in the false capacity as the son of the deceased. It could also be Criminal Impersonation, again depending on the facts.
As to whether it is provable, it would depend on what evidence was uncovered during the investigation into the matter.
John Kenneth Joyner's answer Second degree burglary can be a class 3 or 4 felony. If you are charged with a class 4 felony, the possible time in the Department of Corrections is 2-6 years. If you are charged with a class 3 felony, the possible Department of Corrections time is 4-12 years.
Courtney Edwards' answer Yes and no. The prosecution can use your felony theft conviction at trial to discredit your statements to police or your testimony if you choose to testify. They can also use your prior convictions as aggravating factors when it comes to sentencing to support a harsher sentence. If the current theft charge you are accused of is similar in method or scheme, they could use your prior theft cases to prove it was you who committed theft again this time. The prosecution is not allowed, however,...
Courtney Edwards' answer I think you have an incorrect statute number. Article 35.5 of Title 12 only goes up to Section 120.
If you meant a violation of 12-35.5-115, a first offense is a Class 2 misdemeanor which can include a fine of $250 - $1000, and/or a jail sentence of 3 months - 12 months. A second or subsequent offense is a Class 1 misdemeanor which can include a fine of $500 - $5000 and/or a jail sentence of 6 months to 18 months.
Kelli Y Allen's answer You need a criminal defense attorney to handle the criminal charge. You will need an immigration attorney to represent you in removal proceedings if you are referred to immigration court. Your criminal defense attorney should consult with the immigration attorney to discuss immigration consequences of certain criminal convictions.
Brian K. McHugh's answer The pre-trial release staff may or may not report the hot U/A to the Court. If they don't, they will likely modify your supervision terms, for example, increasing the frequency of U/A's you are required to provide. If they do report it to the Court, the Judge could do anything from simply warning you of the consequences of another hot U/A up to revoking your bond.
Courtney Edwards' answer I'm not entirely sure what you are asking here but yes, a judge can enter a not guilty plea for you and set your case for trial. Especially when you case has been active so long without any movement.
Courtney Edwards' answer Any felony charge is extremely serious as it will affect you for the rest of your life. You should absolutely consult with an attorney and if you cannot afford one, apply for the public defender.
Courtney Edwards' answer You need to tell her you don't want contact from her any more (you can do this through text). You should also call and make a police report about the harassing texts. If she doesn't stop, apply for a civil protection order against her.
Gary Kollin's answer It is impossible to completely understand what you wrote because you wrote it in one run-on sentence. Perhaps next time you could write it so each sentence begins with a capital letter and ends with a punctuation mark
Mr. H. Michael Steinberg's answer Not sure why this is. As I understand expungement - Colorado should give "full faith and credit" to the decision to expunge the record in Kansas. There may be some facts your not providing.
Rec- ask CBI why they require the pardon. Also note Colorado governor cannot pardon a Kansas criminal conviction. Doesn't make sense.
Brian K. McHugh's answer The sending state (Colorado) has to approve your request to the receiving state (Indiana) for transfer of your probation supervision. So yes, she can put off submitting your application. Even if she did not have that authority, it would be very unlikely that Indiana would accept the transfer of probation supervision if your PO did not support the transfer.
Courtney Edwards' answer Unless what the new station published was false and they knew it was false or were completely reckless with regard to the truthfulness of the report, no, you cannot sue. That is public information and the press is protected by the First Amendment.
Peter N. Munsing's answer Assuming the library owns its building they can decide who to admit. You can contact the Colorado Civil Liberties Union but I don't see that they couldn't, especially if you appeared to violate their rules for conduct or use of materials.
Courtney Edwards' answer If you failed to appear for the first court date, the statute of limitation does not apply to you. The statute of limitations only applies if a crime is known, or reasonably should be known, and the police/prosecution does nothing about it for the period of time in which that crime falls (the statute of limitations is different based on different crimes). Here, because the prosecution initiated a case and you were the cause for the delay (failing to appear), you are not eligible for the...
Mr. H. Michael Steinberg's answer This is a common mistake of law. Simply put - once a warrant issues - the statute of limitations is stopped and cannot run. The law calls this a "tolling" of the statute. Therefore the warrant ramains in force and the case must be defended.
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