Criminal Law Questions & Answers

Q: if on probation r u still guilty until proven not guily is it violation of probation

1 Answer | Asked in Criminal Law for Rhode Island on
Answered on May 28, 2016

Discuss the standards of proof for the court when addressing alleged probation violations with your attorney.
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Q: My cased was just dismissed & the judge also sealed the case. Can I walk into the police department and demand my file?

1 Answer | Asked in Criminal Law for Rhode Island on
Answered on May 28, 2016

Ask your lawyer to send a certified copy of the ORDER to the police department and then they will be on notice to destroy the file.
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Q: Code for reasons of no bond

1 Answer | Asked in Criminal Law for Virginia on
Answered on May 27, 2016

I see you're posting in the Virginia section but are from Pennsylvania. If you are referring to Virginia law, the applicable code is 19.2-120 (http://law.lis.virginia.gov/vacode/title19.2/chapter9/section19.2-120/). Generally, the magistrate is weighing whether the defendant will appear for trial if released and how much of a danger, if any, is the defendant to the community if he is free awaiting trial. As you can see in the link, there are many crimes where there is a presumption of no...
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Q: Can juvi drug records be used in adult drug proceedings?

1 Answer | Asked in Criminal Law for Colorado on
Answered on May 26, 2016

For serious/violent crimes committed by a minor between 16-17 years old, the juvenile records is likely counted. It is also inadvisable to assume another person's criminal charges.
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Q: I'm from Colorado I turned 18 in January and dating a 14 year girl that will be 15 in August

1 Answer | Asked in Criminal Law for Colorado on
Answered on May 26, 2016

Statutory rape in Colorado (for a person over 18 years old) is having sex with a minor under 15 years of age. The minimum marriage age in Colorado (with parental consent) is 16 years old. If a child is produced prior to these requirements the doctor/hospital is required to report the statutory rape and there is a strong chance the CPS (Child Protective Services) will investigate the matter (even if no physical/emotional abuse has occurred).
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Q: The officer never cited me he merely took my fiance to jail after searching my vehicle and her so in that case what do i

1 Answer | Asked in Criminal Law for Florida on
Answered on May 26, 2016

Go to the jail. Ask for a copy of the charging papers. Take them to an attorney.
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Q: If I was sentenced for six months in prison and already spent 2 months in jail currently, what is the release time?

1 Answer | Asked in Criminal Law for Florida on
Answered on May 25, 2016

What do you mean "no supervision"? Does that relate to post-release parole? Normally one is given credit for time served (two months in your case), and there may be "good time" which would indeed allow you to be released in about 3 months.
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Q: What should I do if I being questioned and need an attorney and can not afford one for questioning?

1 Answer | Asked in Criminal Law for Florida on
Answered on May 25, 2016

Refuse to answer any questions.
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Q: Why is someone charged with robbery, assault, assault with a deadly weapon when it's proved they were not at the scene?

1 Answer | Asked in Criminal Law for Florida on
Answered on May 24, 2016

While your question asks "Why is someone charged?", you indicate that he was convicted. If it can be proven that there was insufficient evidence, an appeal might be fruitful.
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Q: My 17 yr old sister is on probation for a year. Is it ok for her to move in with me?

1 Answer | Asked in Criminal Law and Juvenile Law for California on
Answered on May 24, 2016

I recommend that your sister speak with the court or her probation officer to ensure that the move does not violate the conditions of her probation.
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Q: I have a complaint about the sheriff's department

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for New Mexico on
Answered on May 23, 2016

There are attorneys who specialize in bringing lawsuits against law enforcement officers and agencies for violations of civil rights. They may advertise as personal injury or civil rights lawyers.
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Q: If people get into a physical altercation over one of my Facebook posts can I be held responsible ?

1 Answer | Asked in Criminal Law and Personal Injury for Pennsylvania on
Answered on May 23, 2016

Unlikely, but there have been cases in the news in different parts of the country where someone was held responsible for things that happened due to a posting on social media. That is not to say that you could not be held responsible in another way if a Facebook post had other legal issues, such as defamation.
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Q: what documents should I file for complaint against a night club and a security business for wrongful assault in MD

1 Answer | Asked in Criminal Law, Personal Injury and Securities Law for Maryland on
Answered on May 23, 2016

Assault and negligent security cases are quite complicated. You may want to retain the services of an attorney to pursue this matter on your behalf. There can be a count for assault, battery, negligence and other causes of action. If you do not formally hire an attorney, you may want to have an attorney draft the complaint for you to file. Before you file anything, go ahead and speak to a local personal injury or civil rights attorney as to recommended and practical courses of action.
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Q: Can charge be dropped if the police didn't read the Miranda Rights, or even let you know your charges before arresting?

1 Answer | Asked in Criminal Law for Florida on
Answered on May 23, 2016

If you said anything incriminating before you were read your Miranda rights, you can move to exclude your admission as evidence. If the admission is excluded, and if they don't have sufficient other evidence to convict you, they may have to dismiss the case. It is doubtful that a failure to inform you of the charges will require a dismissal.
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Q: My 20yr old son wants to move into 17yr gf home 17yr mom is aware mom alsoAllows 17yr to smoke pot Is my son in danger

1 Answer | Asked in Criminal Law and Family Law for New Jersey on
Answered on May 23, 2016

Whenever a minor and drugs are involved you should stay away from the situation.
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Q: My 15 year old son was arrested for being with some friends that committed a robbery What do I do

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for New Jersey on
Answered on May 21, 2016

You need to immediately hire a good criminal lawyer. Court dates for these types of cases come up very quick and a lawyer will need time to properly prepare a defense for your son. A robbery charge is a serious charge and generally will have a presumption of incarceration so don't waste time and hire a good lawyer now. Most of us criminal lawyers offer free consultation during normal business hours and reasonable fees for emergency consults take advantage of one.
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Q: My husband is a veteran and just got arrested on big charges. What type of lawyer should I get for him

1 Answer | Asked in Criminal Law for California on
Answered on May 20, 2016

Since you've posted this in the criminal law section, I'd suggest a criminal defense lawyer. I have no idea what "big charges" means, but depending on those charges and what your husband allegedly did, you may want to seek out a specialist.

Andy
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Q: To what extent does an expunged felony influence the severity of punishment once a second felony takes place?

1 Answer | Asked in Criminal Law for California on
Answered on May 20, 2016

The prosecutor is the one who decides. The victim's cooperation usually makes the prosecutor's job easier, but no prosecutor would allow a victim to dictate their job. If the defendant had a prior conviction expunged, that expunged offense can still be used in subsequent criminal cases. Phrased another way, it will be like the 2006/7 expungement never happened. The prior offense can affect any number of things in the current case, including sentencing, OR release, etc.

There's no way...
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Q: What is the legal basis to hold property taken under a warrant that is not to be used in a court of law?

1 Answer | Asked in Criminal Law for Florida on
Answered on May 19, 2016

As a hypothetical question, the answer in my opinion would be as follows: Once they have no further need for the evidence (normally once the criminal case against you is closed either by a conviction, acquittal, dismissal, or decision not to prosecute); one could think of many justifications they could use to keep the 2,999 butter knives), they should return your property to you. There are sometimes situations under which the authorities can seize property (most commonly, automobiles) used...
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Q: So my brother, and his friend were in the car with me and his friend got out when we were in a parking lot and went up

1 Answer | Asked in Criminal Law for Virginia on
Answered on May 17, 2016

While I can't think of anything off the top of my head that you would be charged with, that doesn't mean it couldn't happen - and it also doesn't mean the story may be different if told by the "victim" to the police. If you are contacted by police, consult with a criminal defense attorney before taking any further steps. The best way to avoid these issues is to not be involved with foolish behaviors in the first place. Take care.
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