Your current state is Virginia
I have my license for concealed carry in Michigan, and am going to the Kalamazoo museum, where they have a no weapons sign. If I carry anyway, am I opening myself up to legal repercussions? Museums aren’t on the list of banned places in Michigan. Kalamazoo is known for gun violence, especially in... Read more »
answered on May 25, 2022
MCL 28.425o provides a list of prohibited premises. I don't believe the museum could be considered one of those prohibited places. That said, any establishment may set conditions for entry and remaining on the premises. And in the case of a museum where you are effectively provided a license... 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 »
answered on May 22, 2022
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 »
During the sentencing hearing the State failed to submit any competent evidence that defendant qualified under M.C.A. section 99-19-83
answered on May 19, 2022
Usually, the state has to put forth evidence of the prior convictions in order for the 83 enhancement to apply; however, they can get around that if the defense stipulated to the prior convictions.
The multi-count indictment failed to charge an essential element of armed robbery. But through jury instructions the elements was submitted via constructive amendment.
answered on May 19, 2022
That's a big one. If the indictment failed to charge an essential element, then that should mean that the indictment was fatally defective, and therefore subject to dismissal. If there is a substantive amendment, then that would mean that it would be required to go before a grand jury, rather... Read more »
Three Defendant’s was charged with conspiracy to committ armed robbery and aggravated assault via multi-count indictment but only one defendant was convicted of conspiracy
answered on May 19, 2022
Mississippi does recognize what is called a unilateral conspiracy; however, the prosecution has to be very particular about what they allege and how the facts lead to a conspiracy. Your best bet is going to be to get with an experienced criminal defense lawyer to discuss the facts of the case and... Read more »
what all areas are they allowed to search with and without a search warrant while i am on house arrest
answered on May 16, 2022
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 »
I was pulled over for turning right on a red light supposedly there was a sign stating that was illegal but I went back and scanned the whole area and could not find any sign that said so making that stop and illegal stop. When I go to court and prove that I should get whatever was seized from the... Read more »
answered on May 15, 2022
It's not as simple as walking into to court with pictures or even video tape showing that the intersection did not have a sign posted that it was illegal to make a right turn on a red light. You don't know it that was the only reason the cop pulled you over. If evidence was seized... Read more »
If defendant is denied his request for a mistrial and is subsequently convicted, only to have the conviction reversed by the Appellate Court, which finds defendant was denied his constitutional right to a trial before an impartial jury, can the defendant then claim damages, and file suit against... Read more »
answered on May 11, 2022
Possibly. You need to get in your tort claim notice within 180 days of the appellate ruling that the conviction was reversed to preserve your claim. The case would need a full review with details to determine if there is a case. If the 180 days passes, your state law claims will be barred due... Read more »
Stopped because claimed couldn’t read my license plate. Small town, same officer, seen me several previous times and had followed me 20 minutes before he seen me again to pull me over. I asked what his probable cause was and he said I looked nervous. All I was doing was putting gas in my... Read more »
answered on May 11, 2022
Your attorney may attempt to get copies of all data and voice recordings sent to that patrol car on that particular day in hopes of discovering whether or not the officer attempted to run your plates.
She admitted to it in child support court and the judge said it was a federal offense..
answered on May 9, 2022
He can if you allow him in. My recommendation is to ask what he wants, and then not say anything except you cannot come in without a Search Warrant. If he has an Arrest Warrant or Capias for you, then he will arrest you.
answered on May 9, 2022
In terms of civil law, it could be battery. A criminal defense attorney could offer analysis from criminal law perspective. Good luck
I just move to the state and to my knowledge have done nothing wrong .
answered on May 4, 2022
If I were you, I'd ask what they would like to speak to you about. Maybe you were listed as a witness or potential witness to something, even if you know nothing about whatever they're looking into. But another scenario is that, for some reason, you are a crime suspect, such as where... Read more »
answered on May 2, 2022
Not sure of your "Court" fraud, but a Governmental Tort Liability Action is 1 year from injury. Probably any other applicable cause of action will also be 1 year, except some property torts are 3 years.
I feel that I've been on camera for most of my life I'm 44 years old and it seems everyone I know and don't know knows my every move everywhere and believe I may have started with my parents
answered on May 1, 2022
Any claim you would have against your parents while you were a minor have long ago been extinguished by the statute of limitations. Any actions that have occurred once you turned 18 would presumably been either consented to or done in places here you did not have an expectation of privacy.... Read more »
Judge Trial
answered on May 1, 2022
I bench trial occurs when a party waives their right to a jury trial, and allows a particular matter to proceed to trial with just the judge, meaning that the judge makes all decisions regarding the law AND concerning facts.
I get pulled over and police start with all their questions...id, where are you going, why, who bla bla....if they dont immediately state why they pulled me over and ask for id insurance registration...do i have to id? what are my passengers required to do?
Hello, a few years ago I was on probation. An officer came to my home and arrested me on an alleged probation violation. I was taken to the local county jail, processed booked and placed in a holding cell. An hour or less goes by, they come and tell me I'm being released. Someone made a... Read more »
answered on Apr 22, 2022
It doesn't sound like unlawful imprisonment when a probation officer acted under color of law (e.g. alleged probation violation) to arrest you.
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