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1 Answer | Asked in Criminal Law for Texas on
Q: got charged with evading but never knew i was being pursued or seen lights on till i looked back, and slowed down.

i caught some speed on my bike to get home and guess i ended up passing a officer somewhere along the highway, i never noticed and lights or sirens while speeding and once i slowed down after a sec is when i noticed i had officer behind me with lights on at that moment not before, now im being... View More

Michelle  Lugo
Michelle Lugo
answered on Jun 10, 2024

I'm sorry you are in this predicament, but there is a lot that can be done. It doesn't sound like you meet the "intentionally" part of the statute required for the offense. The State will try and prove their case through circumstantial evidence inferring that you knew you were... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: My husband currently has warrants out of Hamilton county for theft over a thousand and salt however he was in Illinois

I also have messages from messenger on Facebook of her saying that she falsified the charges. She didn't want to go down there and attempt to take them off because she didn't want to get charges of falsifying of a police report. She's also a felon so I don't understand how she... View More

Anthony M. Avery
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answered on Jun 10, 2024

Husband needs to hire a good attorney now. He will need to lower the bond if possible, and definitely prepare for a Preliminary Hearing. Victim might not show up, but Courts usually give the DA 2 0r 3 times to get his witness to testify. Do not talk to the victim/witness again.

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: I have a friend who did not show up to court and now the Sheriff's Department is looking for him.

They came to my hotel and started asking questions about me (license plate number, room number, etc.) and suggested the hotel evict me...which they did. I am not under investigation by this department and they came here solely looking for my friend and, for some reason, thought he was with me. I am... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2024

When a deputy sheriff is looking for a fugitive, he/she absolutely can talk to people who may know the fugitive and ask questions. You have no obligation to answer them. Your recourse is to decline to answer the questions.

While they can suggest to a hotel that it evict you, they cannot...
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2 Answers | Asked in Criminal Law for South Carolina on
Q: If a person/ thief stole a truck of mine.in S.C. He was charged, grand thief.. Can I , the owner drop the charges?

Or is it now in the DA or SA hands? Grand theft Auto . It was reported stolen in Easley,I found it in Piedmont S.C. FYI out of their jurisdiction

Casey Brown
Casey Brown
answered on Jun 10, 2024

In the description above, you are the alleged victim of the crime and possibly a witness but since you did not bring the charges (the State did) you cannot drop the charges unilaterally. You can, however, tell the prosecutor that you do not want charges pursued in this matter but it is up to the... View More

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2 Answers | Asked in Criminal Law for South Carolina on
Q: If a person/ thief stole a truck of mine.in S.C. He was charged, grand thief.. Can I , the owner drop the charges?

Or is it now in the DA or SA hands? Grand theft Auto . It was reported stolen in Easley,I found it in Piedmont S.C. FYI out of their jurisdiction

Voss Skoullos
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answered on Jun 11, 2024

I'm sorry this happened to you. The state prosecutor represents the residents of your state. They are the ones brinnging the charges and will likely continue to do so. If an alleged victim refuses to cooperate and the case goes to trial, it could make it more difficult for the state to... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: How could one be charge with 5 charges if the arrest warrant only have 5

If an affidavit arrest warrant was filed on 8/6/2010 with just 4 charges on there, then an amended information was filed 8/26/2010 with 5 charges , then an arrest affidavit was filed June 13 2011 with 4 charges , how can one be found guilty of 5 charges?

John Michael Frick
John Michael Frick
answered on Jun 10, 2024

An affidavit does not limit what charges are pursued by the prosecutor. The most recent information on file at the time the case goes to trial limits the charges that can be tried against the defendant to those stated in the information and the defendant can object at trial to a different charge... View More

1 Answer | Asked in Criminal Law for California on
Q: I need a form pc 1381 for California. I can't find it anywhere except for vc violations which isn't what I need.

My husband was just sentenced to 6yrs 8mos and has two cases pending

James L. Arrasmith
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answered on Jun 10, 2024

I'm sorry to hear about your husband's situation. Unfortunately, form PC 1381 is specifically used in California to request the dismissal of pending criminal charges against a defendant who is currently imprisoned or incarcerated. It's not a form that you as a family member would... View More

1 Answer | Asked in Criminal Law for California on
Q: I graduate 08/23/2024 I just want to make sure that this won’t hinder me applying for my license for LVN in CA

Hello ,I was arrested & fingerprinted for PC 245(A)(1) in march of 2022 charges were never filed , I have a declination letter from the Los Angeles district attorneys office , also have a letter from superior court of California, county of Los Angeles & sheriff office petition to seal and... View More

James L. Arrasmith
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answered on Jun 9, 2024

Here is some information to help you draft the key documents for filing a civil rights complaint under 42 U.S.C. 1983, 1985, and 1986 in California with multiple defendants:

1. Complaint

- Identify yourself as the plaintiff and list all defendants

- State the basis of the...
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1 Answer | Asked in Landlord - Tenant and Criminal Law for California on
Q: If someone presses charges for breaking and entering and burglary how soon would I know about it if it's true?

I was told by a squatter where my mom just moved out of after 20 years that they pressed charges for breaking and entering and burglary because I went into the house and garage without the squatters permission. My mom moved last week. It wasn't even a full week that I stopped by to grab a few... View More

James L. Arrasmith
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answered on Jun 9, 2024

In California, if someone files a police report for breaking and entering and burglary, the police will investigate the incident. The timeline for this process can vary depending on the complexity of the case and the workload of the police department.

If the police find sufficient evidence...
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1 Answer | Asked in Landlord - Tenant and Criminal Law for California on
Q: Can I expect any charges regarding burglary? From a tenant who was more a squatter?

I lived there for years up till 6 years ago. My mom has lived there the past 23 years up till last weekend. When I moved out mom got a few different roommates to help. 2 years ago a lady moved in n my sis n her bf too After this last 6 months mom n step dad was ordered to vacate the house with no... View More

James L. Arrasmith
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answered on Jun 9, 2024

Based on the information you provided, it seems that the situation is complex and there are several factors to consider. However, I can provide some general guidance on the potential legal implications.

In California, burglary is defined as entering a structure with the intent to commit a...
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1 Answer | Asked in Domestic Violence and Criminal Law for California on
Q: Friend was charged with attempted murder for a simple domestic. Girlfriend had no injuries and refused medical.

Lawyer will not give discovery or billing cost sheet to them. Took 35k from them and did nothing.Is this legal in California? Lawyer did nothing to help. Just went for a deal. A public defender could have done that.

James L. Arrasmith
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answered on Jun 8, 2024

I understand this is a difficult and frustrating situation. A few key points based on California law:

Regarding the criminal charges - Attempted murder is a serious felony charge in California, even if no injuries occurred. The refusal of medical treatment by the girlfriend does not negate...
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1 Answer | Asked in Criminal Law for California on
Q: how much does it cost on legal fees to have a defense attorney file a motion and over turn a criminal conviction

the case went to jury trial but in incorrect penal code section and jury instructions in year 2012 on a conviction of p.c 459 in first degree but no property damage was done nothing stolen nothing missing to a residential property person present at 1050am hours .. all it was was a p.c 602.5(b)... View More

James L. Arrasmith
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answered on Jun 8, 2024

I understand your concern about the potential legal fees involved in filing a motion to overturn a criminal conviction in California. However, the cost of legal representation can vary significantly depending on several factors, such as the complexity of the case, the attorney's experience,... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: My girlfriend shot herself in my house with my gun. Family thinks it wasn't self-inflicted. What am I to expect now

She shot herself with my weapon in my house. We were discussing breaking up after she was caught cheating. Her family thinks it wasn't self inflicted.

James L. Arrasmith
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answered on Jun 8, 2024

I'm so sorry you're going through this incredibly difficult and traumatic situation. Given the circumstances, here is what you can likely expect from a legal perspective:

Police Investigation: Law enforcement will conduct a thorough investigation into your girlfriend's death,...
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1 Answer | Asked in Criminal Law and Internet Law for Nevada on
Q: Can I press charges on my brother for tampering with my internet services after having him removed for non payment?

My brother has been living with me for two years without any payment of rent,power or internet services. I recently denied access to him for use of the internet. And he's been pulling my cable from the wall.

James L. Arrasmith
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answered on Jun 8, 2024

Based on the details you provided, your brother's actions of pulling the cable from the wall to disrupt your internet service may constitute property damage or criminal mischief. However, the specific charges and their applicability depend on the laws of your state and the extent of the damage... View More

2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: I have an inmate who was dealing with fire ants in her cubicle. The staff at tdcj would not help her fix the issue.

Inmate had to protest by sitting in the grass until she was awarded a different housing option. The staff put her into a situation with another inmate that would cause safety concerns. She brought this to the Warden. The Warden put her in segregation and took away her privileges because she asked... View More

John Cucci Jr.
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answered on Jun 8, 2024

Sounds terrible.

All of the issues are part of Administrative process. The inmate has the right to have all of the paperwork and Notice of all the alleged violations by the inmate. You need to get all of those documents and comb through them to see if there really are violations, and...
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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: I have an inmate who was dealing with fire ants in her cubicle. The staff at tdcj would not help her fix the issue.

Inmate had to protest by sitting in the grass until she was awarded a different housing option. The staff put her into a situation with another inmate that would cause safety concerns. She brought this to the Warden. The Warden put her in segregation and took away her privileges because she asked... View More

James L. Arrasmith
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answered on Jun 8, 2024

This situation potentially involves several legal issues related to inmates' rights and prison conditions. Here are some key points to consider:

1. Eighth Amendment: The Eighth Amendment prohibits cruel and unusual punishment. Poor living conditions, such as the presence of fire ants,...
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1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for New Mexico on
Q: I recently went to see my boyfriend in prison, a they searched my car. & took pictures of my cashapp can they do that?

I got intergated after my visit, they threatened me a searched my car & took pictures of my bank accounts. The Correction officer said I was supposed to hand an inmate something because of my recent phone call of visiting the inmates family, before the visit this is my first time visiting my... View More

James L. Arrasmith
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answered on Jun 7, 2024

I'm sorry to hear about your experience. In general, correctional facilities have strict security protocols, and searches of vehicles and personal belongings can be part of these procedures, especially if they suspect contraband. However, taking pictures of your bank accounts and other... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: I have a misdemeaner larceny charge. The cameras have me putting stuff back before I took again. Can that show borrowing

So I went and got their pressure washer then put it back for a day and took wheel barrow. Then came and got pressure washer next day. Can the fact I put it back for a day help argue I was borrowing it and it was stolen from me

John D. Pritchard
John D. Pritchard
answered on Jun 7, 2024

Maybe so. Larceny is the crime of someone:

1) Taking

2) Personal property

3) That is in the possession of another

4) Carrying it away

5) Without consent

6) With the intent to deprive the possessor of it permanently

7) With the knowledge that...
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1 Answer | Asked in Criminal Law, DUI / DWI and Native American Law for North Carolina on
Q: MY SON IS GOING TO COURT FOR HIS 2ND PROBATION VIOLATION IN NC. DO U KNOW THE AMOUNT OTF TIME THAT ENTAILS. HIS FIRST

VIOLATION HE RECIEVED 3 DAYS. THE CODE FOR HIS CHARGE IS 5083 15A-1345. HE HAS ANOTHER CHARGE IN CHEROKEE NC ON TRIBAL LANDS HE HAS 2 DUI CHARGES THERE AND ONE OF THEM THAT HE WAS CHARGED WITH HE WAS OUTSIDE THE VEHICLE WHEN THER OFFICER ARRIVED AND HE GOT CHARGED ANYWAY. ANY ADVICE IN THIS... View More

John D. Pritchard
John D. Pritchard
answered on Jun 7, 2024

If your son's probation violation is for absconding (running away and not allowing himself to be supervised) or for committing a new crime, it is possible his entire sentence could be activated and he would have to serve it. If it is for anything else (not paying money, positive drug tests,... View More

1 Answer | Asked in Criminal Law for New York on
Q: Why would someone still be in custody a week after being booked on probation violation
Matthew J. Galluzzo
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Matthew J. Galluzzo
answered on Jun 7, 2024

A person could definitely be detained without bail on a probation violation. It would depend upon the seriousness of the violation, the apparent strength of the evidence of the violation, and the person's overall track record on probation.

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