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1 Answer | Asked in Criminal Law and Admiralty / Maritime for Hawaii on
Q: I am pro se and need to know the best place to obtain the process and stages, as well as court etiquette, and doc filing

It is a misdemeanor, but self defense. Need to know how to navigate thru law of the sea in court, as an American National under law of the land, common law. In Hawaii dist 1. Just their procedures. Thank you.

Tim Akpinar
Tim Akpinar
answered on Apr 23, 2024

I'm not a criminal defense attorney, but you posted under Admiralty/Maritime, and your question remains open for four weeks. It would probably be best for an experienced criminal defense attorney who practices in Hawaii to advise you. But as a general point, I see you are working on... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: Charged with municipal complaint Feb 3 2022 indictable offense. It’s now 4/23/24 and no movement

I’ve been on pretrial release for 809 days. They just offered me out of no where a plea to plead guilty ( lie) anc I’ll get probation for 24 months which is almost 5 years all together. A tactic to help my ex’s lawyers use this in family court .

Louis A Casadia
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answered on Apr 23, 2024

If this case has indeed been lingering for that long you need to seek counsel. They can atleast speak to the Prosecution to shed some light on what has been going on and they can also do some things to force or push the State to stop sitting on your case. You need an experienced criminal defense... View More

1 Answer | Asked in Criminal Law for California on
Q: When you try to get your probation ended early, do you go before the same judge who sentenced you?
James L. Arrasmith
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answered on Apr 23, 2024

In most cases, when you petition for early termination of probation in California, the petition is heard by the same judge who originally sentenced you and imposed the probation conditions. This is because the original sentencing judge is most familiar with the details of your case, the reasons... View More

1 Answer | Asked in Criminal Law for California on
Q: being charged with theft i surrendered have not been told my charges or evidence but i have pretrial 29th help

Yes two ppl i know not long were arrested for grand theft a warrant was put in a yolo newspapwr wher my father saw my name i wrote to judge for a surrender i went to court no one asked me how i plea or said my charges nothing sum lady told me i have a plea deal for 18months jail. Not my public... View More

James L. Arrasmith
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answered on Apr 23, 2024

I understand that you are going through a difficult and stressful situation. Here are a few key points and suggestions based on the information you provided:

1. Right to know charges: You have the right to know the specific charges against you and to see the evidence. Your public defender...
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1 Answer | Asked in Criminal Law for California on
Q: Does CA Penal Code 25610 also cover legal permanent residents?

Is there any case law and would the intent of the law include LPR?

James L. Arrasmith
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answered on Apr 23, 2024

California Penal Code 25610, which pertains to the transportation or giving of a firearm, does not explicitly mention legal permanent residents (LPRs). The law states that it applies to "a person," without specifying citizenship or immigration status.

However, federal law does...
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1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Collections for Washington on
Q: I sold pieces of silver to a local jeweler. The check bounced. For two months he kept promising to make it good.

For two months he promised to make it good in a "few days". For the last month he has not returned my calls or texts. What are my options? Since he has done this recently to multiple people at what point does this become criminal? The transaction occurred in Sequim, Washington

Joel Gary Selik
Joel Gary Selik
answered on Apr 22, 2024

It is probably criminal now. Report it to the police (do not threaten to report it to the police as that might be a crime). Check your states laws on giving notice on bounced checks and your rights to recovery in small claims for damages in addition to the amount of the check.

1 Answer | Asked in Consumer Law, Criminal Law and Civil Rights for Georgia on
Q: I had an appointment with a doctor that misrepresented her self. She was not the doctor I thought I had, I felt offended

I had an appointment with a physician who utilized a website that does not display her name. I have been a patient for a specific practice for over a decade. I phoned that practice to schedule a visit with a physician who is part of that specific team. I received the appointment in April, 2024/... View More

Glenn T. Stern
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answered on Apr 21, 2024

Based on what you've described, I'm not sure who you would talk to-or even if you have a legitimate claim. In order to bring a valid lawsuit against someone, you first have to be able to establish that you actually suffered some sort of damages as a result of what happened. Feeling... View More

1 Answer | Asked in Criminal Law for California on
Q: In California, can an officer discipline a bicycle driver for not having an ID when he showed him his driver's license?
James L. Arrasmith
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answered on Apr 21, 2024

No, in California, a police officer cannot discipline a bicycle rider for not having an ID if the rider has already shown a valid driver's license. Here's why:

1. Bicycles are not motor vehicles under California law, so bicycle riders are not required to carry a driver's...
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1 Answer | Asked in Criminal Law for Texas on
Q: I let my sister hold $10,000 of my cash in Texas. Her husband lent us his car and it was damaged can he take my money?

he took my money from my sister and refused to give it back because his car was damaged. Is that legal?

John Cucci Jr.
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answered on Apr 20, 2024

Not legal unless the deposit of the money was for the purpose of securing or insuring the car you borrowed. What he did is called conversion, and may be considered a felony theft. If he doesn't give the $ back, or try to make arrangements with you, then you should call the police to get your money.

1 Answer | Asked in Criminal Law, Tax Law and International Law for Illinois on
Q: What's the statute of limitations for smuggling a rug into the US from Iran, through the UK?

My parents declared an Iranian rug they bought in the UK sometime between 1990 to 1998. They declared it as Pakistani. I was there when it occurred during a European vacation to Paris and England. I think they still have the rug, and there is probably some documentation still out there about the... View More

James L. Arrasmith
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answered on Apr 20, 2024

In the United States, smuggling items into the country by falsifying their country of origin is considered a violation of customs laws. However, the exact statute of limitations on this can vary depending on specific details such as the nature of the goods and the perceived intent behind the... View More

1 Answer | Asked in Criminal Law, Health Care Law and Medical Malpractice for California on
Q: How to find out what doctors in reality are associated with hospice license?

Hospice fraud case. How to find out what doctors in reality are associated with hospice license?

What organization issues a hospice license?

James L. Arrasmith
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answered on Apr 20, 2024

To find out which doctors are actually associated with a hospice license, especially in cases related to potential fraud, you can start by consulting the California Department of Public Health (CDPH). This department oversees the licensing of hospice care providers in the state. The hospice... View More

1 Answer | Asked in Criminal Law, Personal Injury, Medical Malpractice and Wrongful Death for New Jersey on
Q: wife was given 50mg fentynol and 200 mg morphine, went into coma and dieddoctors did not agree on dosage.....

25/100mg would have been more than enough for pain...intentional overdose

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2024

I'm very sorry for the loss of your wife. Based on the brief post, it seems likely you are wondering about your legal rights. You could try to set up a consult with med mal/wrongful death law firms to discuss further. Most firms that handle such cases offer free initial consults. In addition... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What happens on a failure to appear on child in danger ment

In the state of Arkansas

Tracy Tiernan
Tracy Tiernan
answered on Apr 20, 2024

Well, a failure to appear on pretty much any criminal case across-the-board will be treated pretty much the same. With a few exceptions, the court (the judge) will Issue a warrant for your failure to appear (FTA). You will then be subjected to being arrested.

If you have a legitimate...
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1 Answer | Asked in Criminal Law for California on
Q: does suspect have to file a motion in ca to get a copyof sworn statement of probable cause for the felony warrant served
James L. Arrasmith
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answered on Apr 19, 2024

In California, a suspect has the right to receive a copy of the probable cause statement that was used to obtain an arrest warrant. This is based on California Penal Code Section 1524.2, which states:

"(a) The documents and records of the court relating to the warrant need not be open...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: Does S.I.S give police the right to search without permission?
Richard Lane Hughes
Richard Lane Hughes
answered on Apr 19, 2024

A suspended imposition of sentence (SIS) judgment does not, by itself, affect your 4th Amendment and Arkansas Constitutional Rights. However, this judgment of conviction is often accompanied by a waiver of rights by the defendant that may be made a condition of the SIS sentence. The same is true of... View More

1 Answer | Asked in Criminal Law, Personal Injury, Wrongful Death and Medical Malpractice for New Jersey on
Q: doctors and nurses overdosed my wife with 50mg fentynol and 200 mg morphine...result coma and death..death cert says

death cert says natural causues..not true..some doctors agreed with me ...overdose

Louis A Casadia
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answered on Apr 19, 2024

You should speak to a civil plaintiff attorney that specializes in medical Malpractice. Some of the bigger firms have lawyers on staff who are also medical professionals. Using you to request medical records on behalf of your wife they should be able to assess whether their is a viable case to... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Sexual Harassment for California on
Q: I was charged with a domestic violence and probation violation. when I got booked in to jail the inmates wanted2KillMe

The inmate's wanted to kill me their we're going to slice my throat. Plus the sheriff's and the officer's they didn't even let me go to Court and testify. My case has fallen in their Plans. To convict me of a harsh and harder law suit. I had to appear at court to testify... View More

James L. Arrasmith
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answered on Apr 18, 2024

I'm so sorry to hear about the awful situation you're facing. Being threatened with violence in jail and feeling that law enforcement and your public defender are not properly handling your case must be incredibly frightening and stressful.

It sounds like you need to get in touch...
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1 Answer | Asked in Criminal Law, Personal Injury, Gov & Administrative Law and Health Care Law for California on
Q: Hospice vicarious liability for independent contractors

For hospice fraud by Hospice as General stock corporation (means CEO).

Hospice as corporation bears vicarious liability for independent contractors, as applicable.

James L. Arrasmith
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answered on Apr 18, 2024

In California, a hospice operating as a general stock corporation can be held vicariously liable for the actions of its independent contractors in certain circumstances, particularly when those actions involve fraud. Here's a more detailed explanation:

1. Vicarious liability: This...
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1 Answer | Asked in Criminal Law for California on
Q: WHEN AND WHICH MOTION DO I FILE BEFORE PRELIMINARY HEARING FELONY CONTESTING VALIDITY OF WARRANT CALIFORNIA.
James L. Arrasmith
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answered on Apr 18, 2024

In California, if you want to contest the validity of a warrant before a preliminary hearing in a felony case, you would typically file a motion to quash the warrant under Penal Code section 1538.5(a)(1). This motion challenges the legal basis for the issuance of the warrant.

Here are the...
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1 Answer | Asked in Criminal Law for Louisiana on
Q: I am being charged for cruelty to juveniles, do I need a lawyer to represent me? Can I have the charges dropped?

Can I have my charge reduced?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 18, 2024

If you are charged with a crime in Louisiana, then you should have a lawyer represent you. While the State (prosecution) has the burden of proof, you need a lawyer to represent you to make sure your rights are protected and to make sure that the State (prosecuton) does not attempt to take... View More

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