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Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for California on
Q: How do I make them give me a restraining order, if the officer didn't give me one, at the time of the incident?

Even after seeing the security footage of me being assaulted with a 3ft pry bar. (My neighbor tried to hit me (3 times) while on the top of a ladder.) She wasn't taken to jail. Nor was I given a temporary restraining order. Even though I asked for one. This person has been harassing, stalking,... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Oct 27, 2021

You might want to get a Civil Harassment Restraining Order in place. You can hire an attorney , go to your local legal-aid, or get the forms in a packet from the superior court civil clerk in your county. Judicial Council form CH-100 starts you in the right place. You don't need a lawyer to do... Read more »

1 Answer | Asked in Criminal Law for Kentucky on
Q: How much time is given for a class D felony

How much time is given for a class D felony

Poss cont sub 1st deg 1st off methamphetamine

?Less and max amount of time?

Timothy Denison
Timothy Denison answered on Oct 27, 2021

Carries 1-5 years.

1 Answer | Asked in Criminal Law, Banking, Federal Crimes and White Collar Crime for Indiana on
Q: Does the owner of a deposit accepting ATM machine own the cash inside as well?

Scenario: I have my own personal deposit-accepting atm machine that only I use, no one else. I make a deposit of $100 into my checking account using a $100 bill. I then physically open the ATM machine and take out that $100 bill that was just inserted (but my checking account balance remains the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 27, 2021

If I were you I would have a banking lawyer on retainer, to help you when the going gets really tough.

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: How far back do they search a criminal background in Georgia on a misdemeanor in another state?
Joshua Schiffer
Joshua Schiffer answered on Oct 27, 2021

All depends on who is doing the searching. There are a lot of different "background searches" available on the market, and they each have different parameters.

The better questions are what is the search for and what form of search is being conducted.

1 Answer | Asked in Criminal Law and Civil Litigation for Florida on
Q: Am I compelled, as a resident of Florida, to answer a subpoena from a different state?

I'm a retired police officer from Massachusetts. I was involved in several investigations that have been completed but the trials have not started. I do not believe that my testimony is really germane to the cases.

Henry George Ferro
Henry George Ferro answered on Oct 27, 2021

Valid subpoenas served on witnesses are enforceable especially in today's world of zoom appearances...My suggestion is to contact the office of the attorney serving the subpoena and/or the prosecutors involved in the cases.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Colorado on
Q: What can I do if my ex wifeletting my 11 year old son drive a motor vehicle with he’s 6 and 5 year old sisters in ca

Can I get custody of my children

Sabra M. Janko
Sabra M. Janko answered on Oct 27, 2021

The legal standard for a restriction on parenting time is endangerment. The best way to establish endangerment is with a Department of Human Services investigation. If you believe that the child is being abused or neglected, you can make a report to the Department of Human Services.

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Florida on
Q: I’m got put on felony probation but my felony charge for noell processing why

My felony got noell processing and my misdemeanor got held so why did I get out on felony probation

Henry George Ferro
Henry George Ferro answered on Oct 27, 2021

Sounds like a plea bargain…probation is probation regardless of who is doing the monitoring. Felony probation typically exceeds twelve months, while misdemeanor probation is typically less than twelve. Regardless, you are being supervised by a state/county agency for the time period the judge... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Mississippi on
Q: My 17 year old was in a shoving match, and law enforcement was called. No one was arrested and other party had to leave.

The officer gave my son a lecture after hearing both sides. I as the parent broke up the altercation. The officer said if they come back everyone on the property will be arrested. He told my son you don't want your father arrested or yourself. My main question is since my son is only 17 a... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Oct 27, 2021

As far as the altercation is concerned, the individuals involved would be the ones subject to arrest. When police arrived, anyone who fails to follow lawful commands or acts unruly would also be subject to arrest. If you supply prohibited substances to the minors or allow them to use them while on... Read more »

2 Answers | Asked in Criminal Law and Family Law for Minnesota on
Q: In 2017 my ex convinced me to pay an extra $2,400/yr to cover 50% of our special needs son's summer camp.

I agreed to pay an additional $200 per month ($2,400 /yr) based on the cost of $4,800 per year for [our son's] special needs summer camp. However the invoices from [the special needs summer camp] were 2019: $3,600.00, 2020: $0.00, and 2021: $3,120.00 resulting in an over-payment of $3,840.... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Oct 26, 2021

You could report it to police and-or your local criminal prosecutor's office and see what they say. I doubt they'd be interested in criminal prosecution. Give your family law attorney a call, or an attorney doing civil litigation work. Only the government can file a criminal Complaint.... Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: Is a show cause order concidered a warrant It says order-show cause and there's a court date for December 2

Just tryi.g I o figure out if I an going to be picked up on a warrant

Mark Oakley
Mark Oakley answered on Oct 26, 2021

No. It’s a hearing to appear at and for you to testify or present other evidence to oppose whatever relief is being sought against you at the hearing. There are so many different possible forms of relief where a show cause hearing is held, from relatively minor matters to serious, some which... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: My wife and I just got run off the road. We are on route 208 southbound and called 911. We have kids in the car.

We have kids in the car. My 8 year old said he was scared and my wife crying hysterically said “he’s gonna kill my kids.” We we’re just terrorized and I got it on video. We need help

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 26, 2021

Best thing to do is to give the video to the police in the town where the conduct occurred.

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can order for protection be enforced if the birth year is not correct on the order for protection
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 26, 2021

That depends on a number of factors including the specificity of correct information in the OFP. You should discuss the issue directly with a criminal defense attorney. I certainly would NOT suggest that you violate the order and HOPE for the best. That would be a terrible idea.

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1 Answer | Asked in Estate Planning, Criminal Law and Identity Theft for New York on
Q: I have an irrevocable trust for my grandchildren. Their father stole 300,000$ from my savings and 73,000 from Met Life.

He left me w35$. Can I change the irrevocable trust and sell my home? Since I can prove fraud, identity theft, elder abuse. I owe109,000 on my mortgage can I get a home equity loan on a 6 family ? I need money for legal fees and dental work.

Michael David Siegel
Michael David Siegel answered on Oct 26, 2021

The terms of the trust will govern a lot of it. If the trust has provisions for your lifetime care, you can ultimately petition the court.

1 Answer | Asked in Criminal Law for California on
Q: Can the police open a criminal case against an FBI agent?
Joseph Abrams
Joseph Abrams answered on Oct 26, 2021

In the most general sense, the police can investigate anyone if there is reasonable suspicion and the person is within their jurisdiction.

1 Answer | Asked in Criminal Law, Immigration Law and Sexual Harassment on
Q: Good morning , I was acrew member and I live in Sint Marteen . But to my missfortune my passports and purse were Stolen

In Aruba 2015 on my way back to the island. Thebissue is I flew back to venezuela and The thieve left me locked up in my Room with some virtual Police insulting me as F..ing Streaper with part of The crew Voices from my last job on board Azteca II ( i cant afford a lawyer and A bit damaged )

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 26, 2021

What is your exact legal issue?

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: What would be the charges on me if I am buying a car and I sell it for scrap before it's paid for

I sold a financed car to a junk yard what's my charges

Anthony M. Avery
Anthony M. Avery answered on Oct 26, 2021

Theft of Property or Hindering a Secured Creditor are definite possibilities. Do not publish criminal acts on public forums.

1 Answer | Asked in Criminal Law for Illinois on
Q: Is it possible to find another public defender when there is only one offered in that county?

My spouse has an Effingham Co IL public defender that has only spoken with him twice and doesn’t answer questions or give any advice. My spouse has put in numerous requests for different things and He only says, ‘I would love to win your case.’ He has a Pre trial approaching in a couple of... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 26, 2021

Assigned Public Defenders handle many cases, not just one case where they have luxury of reaching out to the client at any time. Also, The rule of thumb is that if one wants a counsel who will invest time, effort and resources in any criminal case then a private counsel must be retained as... Read more »

1 Answer | Asked in Criminal Law for Louisiana on
Q: What is the penalty for unauthorized use of a access card in the state of Louisiana
Randy Bryan Ligh
Randy Bryan Ligh answered on Oct 26, 2021

It depends on the amount of the taking or the loss-----I believe the law has changed such that if the amount of the taking or the loss is less than $1,000, then it is a misdemeanor and if it is $1,000 or more, then it is a felony. Also, if one has prior theft type convictions, then it is possible... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Louisiana on
Q: Hello, is there a law that protects mentally unstable more specifically schizophrenic people from harassment.

I know the law states “without invitation” but if the person has serious mental issues how are they able to offer invitation? And the person they contact continues to accept call and repeatedly continues to tell them things that triggers them to have episodes

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 26, 2021

Stay on your meds and block the number.

2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law and Civil Rights for Illinois on
Q: In Illinois, would finding less than 5grams of marijuana on person be considered probable cause to search vehicle?

Pulled over for license plate light and came back clean when running license. Pulls me out of car, and I had .5g or less and he said that gave him probable cause to search. It's not illegal to be in possession of marijuana in Illinois so why would that give him probable cause? I believe my... Read more »

Dan Nold
Dan Nold answered on Oct 25, 2021

It’s illegal to possess marijuana in a vehicle unless it is basically in store packaging. So the search was probably legal. You should have an attorney evaluate the evidence for potential motions or to negotiate on your behalf.

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