More facts would be needed. If they had an arrest warrant for someone and were otherwise let into the house then there's probably not an issue. Plus there are many exceptions to the warrant requirement regarding searches, seizures, etc. Consult counsel to determine whether any rights were violated.
Lots of details, so bear with me please. About a year ago a neighbor tried to forcefully enter my home and I used physical force to remove the individual, after which, the individual called the police and I received a ticket for misdemeanor assault with their reason being they had marks on them and... Read more »
"Everything you should know"--all you need to know is that you should hire an attorney to represent you. Or you should ask the Court to appoint an attorney to represent you --the Court would question you and make a determination if you are indigent such that appointment of an attorney is...Read more »
The guy I’m trying to get a permanent restraining order against called in today and was excused because he was “sick”. They rescheduled it. I’m just worried he’s going to keep calling in to avoid the hearing
It would likely depend on whether he's actually sick [or has tested positive for, e.g., covid]. As you're aware, the courts are rightfully cautious during these times. Your temporary orders, if granted, should remain in place, provided you're requesting they be extended. Speak with a...Read more »
A jail has a due process requirement to provide medications that are necessary. To failure to do so is also a violation of the cruel and unusual punishment prohibition in the United States Constitution. I would petition for review.
Technically speaking, no, they do not. However, if the police intend to question you--and use those statements against you--they must read you your "Miranda" rights, which includes admonishing you of your right to remain silent and that anything you say can, and will, be used against you...Read more »
To reopen a criminal case substantial, probative evidence must have been discovered after the trial. This is no DIY matter. Use your local bar association's find a lawyer for him, or use the search engine here.
I am curious what the sentencing might be in Shelby county Tennessee for two accounts of possession of a controlled substance class 2 and 4 with intent to sell manufacture or distribute hold? Also what determines whether it was with intent or not? Thank you so much for your time this is very urgent... Read more »
If you are posting this question to find out what you can do have the records expunged, you will first need to apply for a pardon or wait. Assuming you conviction was for a non-violent crime, you will likely qualify to have the records expunged five years after your sentence ended (so in 2026)....Read more »
I have a couple misdemeanors on my record and 2 felonies... But my misdemeanors are paid off and where done in 2014. How can I know they are eligible or not. And if that's so then when will approximately they be?
There are two types of expungements of criminal cases in Oklahoma. If your sentencing on the misdemeanor was deferred, then you would qualify to have the case dismissed and the court records expunged upon the date to which your sentencing was deferred expiring. Some counties do this automatically...Read more »
I was released from prison in 2019. From my research, I can only qualify for SO Registry removal if my conviction was Misdemeanor Voyeurism and not Felony Voyeurism, however, since I'm on the registry I apparently don't qualify for a 402 reduction, and since I'm convicted of a felony... Read more »
I haven't reviewed the statute on the length of registration for your offense, but assuming it is a 10 year registration (10 year from the end of probation) you cannot get a 402 reduction while you're on the registry. There is no exception to this. So you have to be off the registry...Read more »
It really depends on the circumstances, such as whether the person has any previous convictions, amount of property damage, etc. That being said, with the right circumstances, it may end up being a situation where the charge could be nonadjudicated or dismissed with participation in a special...Read more »
I have a question upon entering out patient surgical center. Patient informs the nurse of being a hard stick. The proceeded with IV in hand which immediately was painful achy and burned. The nurse passed it to the anesthesiologist stating the patient stated it was sensitive. He said he would watch... Read more »
In this scenario, I'm guessing the medical people will have a different story - but if you can prove this happened, I believe the medical people would be liable both civilly and criminally for false imprisonment and battery (at least), and potentially liable civilly for malpractice. Request...Read more »
No. Miranda Rights apply when 1) you are in custody, and 2) being interrogated. The rights protect you from involuntary self-incrimination, and when violated, can lead to suppression of any statements or evidence gained.
Only because of TV and movies do we believe the police need to...Read more »
Misdemeanors are criminal charges and it definitely is advisable to at a minimum contact a criminal defense attorney to discuss your options. Most defense attorneys (myself included) will discuss your case with you and help you weigh options free of charge.
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