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Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Virginia on
Q: can you expunge a class 6 felony in va if you had a plea deal for 2 years probation. Completed then case dismissed?
David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2025

To be eligible for an expungement, the charge must result in an acquittal, or a nolle prosequi, or be considered "otherwise dismissed" by the court. If you had a plea deal where the judge found that the evidence was sufficient for a conviction, but a guilty finding was withheld and your... View More

1 Answer | Asked in Criminal Law and Legal Malpractice for Minnesota on
Q: Am I able to test evidence used against me in a drug case ?

I'm fighting a case for 5th degree, I requested a speedy trial, day of speedy trial, DA amended charges to a 3rd degree, which my p.d. request that we withdrawn speedy request so we would be able to have the evidence (drugs) tested due to DA amending the charge at last minute. So we... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 21, 2025

It should be possible to get a lab to retest a substance the state claims to be illegal drugs, either at the same lab or a different one. The Defendant might be required to pay for that, unless a judge were to order otherwise. Retesting would take time to complete, either way. The defense... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I'm being charged with willing n knowing having stolen property and the person that gave them to me saying I didn't

An my bondsmen went off my bond cause I didn't have the money n court is coming up

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 20, 2025

I didn't see a question in your posting.

The basics in a criminal matter are as follows:

1. Do NOT talk to police or the DA's office about anything. You are only required to give your name and address.

2. Remember that Bondsmen/Bondswomen, are usually NOT on your...
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1 Answer | Asked in Criminal Law for Nebraska on
Q: My boyfriend is a convicted felon and recently got arrested for drugs and guns and is looking at two 5 to 50 charges and

Two 20-life charges how much time will I have to do

Julie Fowler
Julie Fowler
answered on Jan 20, 2025

He needs to speak with his criminal defense attorney. The charges inform you of the minimum and maximum potential penalties. The likelihood that he will be convicted or the actual range of the likely sentence depends on the specific facts. If it looks like he will likely be convicted, it is not... View More

1 Answer | Asked in Criminal Law for Nebraska on
Q: I was accused of shoplifting I didn't take anything out of the store. I have never been in a situation like this. Help

I was initially doordashing my app glitched I had to uninstall and reinstall during that time a store employee accused me of shoplifting. I gave them the door dash bag. They asked for my id I had to go to my car to get it. Came back in the took me to a security office and said they were waiting for... View More

Julie Fowler
Julie Fowler
answered on Jan 20, 2025

If your defense against the shoplifting charge is that you were picking up the items due to being assigned to do so for someone via an app, such as Door Dash, then you need to get the records from Door Dash to show that there was an order for the items assigned to you. Even if you no longer have... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: Is there anything I can do to help him ? Like write a letter or something to the judge

My bf was arrested after cops told us "eight people seen him pull my hair and was willing to write statements" however is was pitch Black and honestly did not pull my hair or touch me in any way he is charged with simple battery at the moment but does say charges pending and they said... View More

Joshua Schiffer
Joshua Schiffer
answered on Jan 19, 2025

Commonly putative victims want to clarify the reported details of their incident, and unfortunately that comes with a load of consequences. The State can and WILL use any clarification as alleged evidence of abuse and control, and try to substitute their judgement for the witness's.... View More

2 Answers | Asked in Consumer Law, Criminal Law, Business Law and Civil Litigation for California on
Q: A storage facility general manager internally removed me from my storage unit which I've been paying for over a year. He

listed me as "moved out" even though I have been paying my monthly fees and all of my things were supposed to be stored in there. Upon checking my unit just now, I found out my lock was cut off and my belongings were removed without any notification to me. They also moved in a new... View More

Pavel Kolmogorov
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answered on Jan 19, 2025

Start by gathering all relevant evidence, such as payment records, a list of missing items, and communication with the storage facility. Draft a demand letter to the storage facility management requesting the return of your belongings. Report the theft to the police. You may consider exploring your... View More

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1 Answer | Asked in Criminal Law for Virginia on
Q: My boyfriend is a violent felon his felony is 6 years old is he still eligible for the 2 year minimum?

He got a gun charge the found the gun in the glove box of a car he was driving. Is it likely he will get bond at circuit court?

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 17, 2025

Violent felons in possession of a firearm can be subject to a five-year mandatory minimum prison sentence. A felony possessing or transporting a firearm with a felony conviction within the past ten years is subject to a 2-year mandatory minimum prison sentence. So either penalty could be a... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Why is it on this case Derek Paredes v the state of texas, the evidence isn't 100% proof, but he still got convicted?

I'm curious on why they relied on prior cases instead of technology.?

I'm interested to know more.

John Michael Frick
John Michael Frick
answered on Jan 16, 2025

From the appellate opinion, it does not appear that any type of "technology" is involved. The victims of the sexual assaults testified what happened. The defendant's attorney attempted to raise questions as to the consistency and reliability of the victims' testimony. A jury,... View More

3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: Police lie about having a warrant

OK so the detective accessed my cousins phone and found incriminating evidence. The forensic unit ''cracked'' the phone then the detective got a search warrant 4 months later(her words in the depo). But when the detective wrote the complaint affidavit for the new charges she... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Jan 16, 2025

What you've described could support post conviction relief (PCR). It could be important whether your cousin was tricked into "consenting" to a phone search. The State would argue that no search warrant is needed for a consensual search. It might be significant how long ago these... View More

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1 Answer | Asked in Criminal Law and Health Care Law for Texas on
Q: My son is borderline retarded I have medical papers from doctors that say he is yet here in my town the cops are all way

Locking him up. What can I do

John Michael Frick
John Michael Frick
answered on Jan 16, 2025

Law enforcement officers cannot arrest and jail an individual without probable cause that individual has committed a crime. An individual is not excused of criminal responsibility for his actions because of borderline mental retardation. He would only be excused if he met the legal definition for... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: I have been charged with first time felony grand larceny of 1000 or less in taking personal property from a gas station

i worked there but i have receipts of where i paid for merchandise. if found guilty what could i be facing in Mississippi

Taylor H. Webb
Taylor H. Webb
answered on Jan 14, 2025

Under Mississippi law, grand larceny is typically defined as unlawfully taking someone else's property valued at $1,000 or more. For purposes of this answer, we'll assume that you meant "more" instead of "less" in your question. The range of sentences for grand larceny... View More

2 Answers | Asked in Criminal Law for Florida on
Q: My son is in a MI jail waiting to be extradited to FL on probation violation. How many days can he be held?
Jeffrey H. Garland
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Jeffrey H. Garland
answered on Jan 14, 2025

That depends on whether he has local charges, whether the judge set an extradition bond, whether he has waived extradition, and whether Fla wants to come get him. If he doesn't have MI charges, and he can't bond out, then he could consider waiving extradition if he wants to hurry up the... View More

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1 Answer | Asked in Criminal Law and Sexual Harassment for Minnesota on
Q: Can a girl that was 15 and experienced 1st degree sexual assault x’s in 2008 by a man in his 40’s still file charges

This man also harassed her when she married and moved to California in the years following up to 2014. The initial occasions of assaults at age 15/16 definitely qualify for 1st degree… I understand this would depend on the police and prosecutor but she doesn’t want to put herself through the... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 14, 2025

Individuals don't "file" charges. The decision to charge comes from the prosecuting attorney in the county where the offense occurred. The allegations can be reported to law enforcement. The allegations would be investigated and a determination would be made by the prosecuting... View More

1 Answer | Asked in Criminal Law for Texas on
Q: My son was searched my a manager at an olive garden apon entering for some dinner is that legal
John Michael Frick
John Michael Frick
answered on Jan 14, 2025

There are really two possibilities:

1. Your son did not consent and the manager assaulted your son.

2. Your son consented and allowed the manager to search him.

A restaurant manager has no effective way of searching a guest without the guest's consent other than by...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Can I carry at 19 using a out of state ccw permit

If I get a out of state ccw permit from a state that allows carry under the age of 21 can I then carry in GA as a 19 y/o?

Glenn T. Stern
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answered on Jan 13, 2025

No. Georgia is a constitutional carry state, which means you do not even need a permit to carry a concealed firearm if you're over 21 and otherwise allowed to have a firearm.

That being so, if you have a concealed carry permit from another state, reciprocity would mean that Georgia...
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1 Answer | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: Can I press criminal charges in NJ if someone texted me that I will soon be shot in the face?

My ex was very abusive during our relationship. Both physical and sexual most of which I have proof of. He is very irresponsible and we often have issues because of him saying he is going to do one thing and doesn’t do it. I filed two TROs against him. One I dropped because I couldn’t find a... View More

Richard Diamond
Richard Diamond
answered on Jan 13, 2025

From your submission, you already filed a domestic violence complaint against your ex for the recent text messages and presumably, the matter will go to trial, during which presumably your ex will attempt to use that text against you in trial. My suggestion is that you schedule a consultation with... View More

1 Answer | Asked in Consumer Law, Criminal Law and Identity Theft for New Jersey on
Q: I'm showing a lot of signs of being hacked and also having my personal information stolen and identity theft.

Have over 10 companies listed under my name, now have a new brother born 10 days before me that I know nothing about. Possible identity theft.

Tim Akpinar
Tim Akpinar
answered on Jan 13, 2025

There are attorneys who specialize in this area of identity theft and privacy, but you await a response for a month. At this point, you could track your monthly statements and records closely to look for evidence of fraud or other irregularities. You could report the incidents to your banks, other... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Can my aunt file criminal charges on me?

Okay, so basically my GMA asked me to move in with her so I did I became her dpoa and she put me as an authorized user on her credit card. Well my aunt has tried to say I stole over 200k from my grandmother even had me investigated by the police and adult services they did their investigation and... View More

Dana B. Carron
Dana B. Carron
answered on Jan 13, 2025

She can go to the police again regarding this, however, it will be up to the police and the prosecutor's office (and not her) whether they want to pursue charges. If the police closed out the case before, they will likely do so again unless the evidence that they are presented is... View More

2 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Q: So my fiancé was pull over in camden county last year in November 19 2024. He went to court they denied his first bond.

These are his changes. Improper Lane Change/Failure to Maintain Lane

Trafficking in Cocaine, Illegal Drugs, Marijuana, or Methamphetamine. I wanna know what they gonna do like he need a lawyer bad to help us

Glenn T. Stern
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Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2025

He did not get a bond because of the trafficking charge. Magistrate courts are not authorized to give a bond for someone charged with trafficking because only a Superior court can issue a bond on those cases. Practically speaking, a bond motion that needs to be filed on his behalf and then... View More

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