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Criminal Law Questions & Answers
Q: Will a criminal case be affected if the arresting officer reported possession of 900 pills instead of 1?
Dale S. Gribow's answer
need more info
it could be an honest mistake.
the officer would know if the case were to go to trial the evidence that was booked into evidence would be sent to the courtroom for the DA to open and mark for ID and it would be obvious it was 1 pill and not 900
need more info
it could be an honest mistake.
the officer would know if the case were to go to trial the evidence that was booked into evidence would be sent to the courtroom for the DA to open and mark for ID and it would be obvious it was 1 pill and not 900
Q: In the wittiness statement she said she held against her will but when the people left she escape. But in the police
1 Answer
| Asked
in
Civil Litigation, Civil Rights and Criminal Law
for
Tennessee
on
Answered on Apr 19, 2018
Answered on Apr 19, 2018
Anthony Marvin Avery's answer
You need to hire a competent attorney now. Next you need to start finding Witnesses at the scene who will give you statements and then testify. There may be cell phone pictures of the alleged Victim hanging out there voluntarily. Do not intimidate the Victim, but investigate her a little, such as did she miss any work, claim she was hurt, or even jealous of someone, etc. ? Hopefully you are at General Sessions and can put on a devastating Preliminary Hearing.
You need to hire a competent attorney now. Next you need to start finding Witnesses at the scene who will give you statements and then testify. There may be cell phone pictures of the alleged Victim hanging out there voluntarily. Do not intimidate the Victim, but investigate her a little, such as did she miss any work, claim she was hurt, or even jealous of someone, etc. ? Hopefully you are at General Sessions and can put on a devastating Preliminary Hearing.
Q: Would you be willing to sit down and hear my case? I left a message on your voicemail. It is urgent
1 Answer
| Asked
in
Criminal Law, Civil Litigation and Civil Rights
for
Kentucky
on
Answered on Apr 19, 2018
Answered on Apr 19, 2018
Timothy Denison's answer
Unfortunately, I am out of town until Tuesday but my partner, Dennis Burke is in tomorrow and Friday and can help you. He is at502-262-4984.
Unfortunately, I am out of town until Tuesday but my partner, Dennis Burke is in tomorrow and Friday and can help you. He is at502-262-4984.
Q: Can a judge deny expungement due to a failed drug test during probation?
1 Answer
| Asked
in
Criminal Law, Appeals / Appellate Law and Libel & Slander
for
Wisconsin
on
Answered on Apr 19, 2018
Answered on Apr 19, 2018
William F Sulton Esq.'s answer
The law is that you must successfully complete your probation. That differs from whether you were revoked. But given that you were not revoked, I have question about why your case ended up back in front of a judge. Expungement is supposed to happen automatically when the clerk of court receives paperwork from the probation office. Because you were not revoked, I wonder why clerk of court did not expunge the record. It sounds like a mistake on the clerk's part.
The law is that you must successfully complete your probation. That differs from whether you were revoked. But given that you were not revoked, I have question about why your case ended up back in front of a judge. Expungement is supposed to happen automatically when the clerk of court receives paperwork from the probation office. Because you were not revoked, I wonder why clerk of court did not expunge the record. It sounds like a mistake on the clerk's part.
Q: How do i compute my days in regards to 160 day speedy trial law in illinois criminal cases
James G. Dimeas' answer
The right to a speedy trial is guaranteed by the Sixth Amendment to the United States Constitution and codified under Illinois law in 725 ILCS 5/103-5. The clock on a speedy trial demand starts when you make a written demand. If you are not in custody, once you make a speedy trial demand in writing, you must be brought to trial within 160 days. If you are in custody, you must be brought to trial within 120 days. You cannot agree to any delays during the period of time following your demand for...
The right to a speedy trial is guaranteed by the Sixth Amendment to the United States Constitution and codified under Illinois law in 725 ILCS 5/103-5. The clock on a speedy trial demand starts when you make a written demand. If you are not in custody, once you make a speedy trial demand in writing, you must be brought to trial within 160 days. If you are in custody, you must be brought to trial within 120 days. You cannot agree to any delays during the period of time following your demand for...
Q: I completed a probation period for a misdemeanor a while back. Am I technically convicted? Filling out FAFSA form?
Steve Miyares' answer
You would need to check the court order on the original marijuana charge. If your case was disposed of under Virginia’s first offender statute, then the case would have been dismissedbwithoutba conviction. However, if you did not qualify for a first offender disposition then you could have had a probation comdition as part of a suspended sentnce. The disposition on the court’s order will provide your answer for you
You would need to check the court order on the original marijuana charge. If your case was disposed of under Virginia’s first offender statute, then the case would have been dismissedbwithoutba conviction. However, if you did not qualify for a first offender disposition then you could have had a probation comdition as part of a suspended sentnce. The disposition on the court’s order will provide your answer for you
Q: If I'm unable to work due to injuries and the court is aware of this can i be reincarcerated because of restitution
Timothy Denison's answer
You can be incarcerated for not making the payments but it is not likely you will be if you are injured and unable to work. I would develop and alternative plan of repayment of restitution however because at some point you will have to still pay the restitution.
You can be incarcerated for not making the payments but it is not likely you will be if you are injured and unable to work. I would develop and alternative plan of repayment of restitution however because at some point you will have to still pay the restitution.
Q: I recieved a ticket with a date to appear in. Court for theft .can Ihave it thrown out on technicality before court day
Grant St Julian III's answer
What you describe will not cause dismissal of the charges. Theft under $100 is how the statute is listed. See Texas Penal Code Section 31
What you describe will not cause dismissal of the charges. Theft under $100 is how the statute is listed. See Texas Penal Code Section 31
Q: Can I sue childnet a child protective service in Broward County. I was molested while in there custody
Stephen Arnold Black's answer
yes..but more facts would be needed in order to evaluate the viability of a potential claim. Discuss in private with counsel.
yes..but more facts would be needed in order to evaluate the viability of a potential claim. Discuss in private with counsel.
Q: WILL FLORIDA ARREST ME ON A WARRANT FROM NJ 23 YEARS AGO FOR FAILURE TO COMPLY WITH 15 DAYS OF COMMUNITY SERVICE?
Leonard Louis Cagan's answer
Most warrants can remain on the books forever. Normally a warrant is discovered when a person is stopped for a traffic violation or when there is some other reason for law enforcement to run a background check. The typical procedure when a warrant is found is to contact the issuing agency to determine whether they are willing to extradite the subject of the warrant. This determination is made based on the seriousness of the charge and the costs involved in returning the person to the...
Most warrants can remain on the books forever. Normally a warrant is discovered when a person is stopped for a traffic violation or when there is some other reason for law enforcement to run a background check. The typical procedure when a warrant is found is to contact the issuing agency to determine whether they are willing to extradite the subject of the warrant. This determination is made based on the seriousness of the charge and the costs involved in returning the person to the...
Q: What’s the penalty for disclosure of a imaging in Louisiana
Ellen Cronin Badeaux's answer
I think you are asking about revenge porn. In Louisiana it is a felony punishable by up to 10 years. Call a criminal defense attorney.
I think you are asking about revenge porn. In Louisiana it is a felony punishable by up to 10 years. Call a criminal defense attorney.
Q: GC holder with charges of Domestic Violence and ex-wife VAWA
Carl Shusterman's answer
Unless you are convicted of domestic violence, you cannot be deported for that reason.
Individuals who are not United States citizens risk being removed from the country if they are convicted of certain crimes. A conviction for a domestic violence crime can affect the ability of an immigrant to remain in the United States. It can also impact his or her ability to re-enter the country after leaving or traveling.
Unless you are convicted of domestic violence, you cannot be deported for that reason.
Individuals who are not United States citizens risk being removed from the country if they are convicted of certain crimes. A conviction for a domestic violence crime can affect the ability of an immigrant to remain in the United States. It can also impact his or her ability to re-enter the country after leaving or traveling.
Q: Regular fees to hire an attorney, in Muskingum County Ohio, for a person arrested for aggravated murder. Just arrested.
Matthew Williams' answer
Every attorney sets his or her own fees, and prices vary considerably. You might be able to find someone to take it for $5,000. But, real quality representation is going to start closer to $25,000. If you’re able to afford private counsel, set up some meetings or phone calls to interview potential attorneys.
Every attorney sets his or her own fees, and prices vary considerably. You might be able to find someone to take it for $5,000. But, real quality representation is going to start closer to $25,000. If you’re able to afford private counsel, set up some meetings or phone calls to interview potential attorneys.
Q: Are these questions considered coaching?
Dale S. Gribow's answer
more info needed
in my opinion that was not coaching but rather concern for the well being of someone that may not be able to take care of themselves
more info needed
in my opinion that was not coaching but rather concern for the well being of someone that may not be able to take care of themselves
Q: After a expungement filing, who am I responsible for contacting versus the court?
Frank A. Urbanic's answer
Are you filing an expungement, or is an attorney filing one for you? These are pretty confusing for someone not familiar with the law, so I highly suggest you hire an attorney for this.
Also, the expungment doesn't happen just because you file a petition. The expungment happens after the judge signs the order and the agencies expunge the records.
Are you filing an expungement, or is an attorney filing one for you? These are pretty confusing for someone not familiar with the law, so I highly suggest you hire an attorney for this.
Also, the expungment doesn't happen just because you file a petition. The expungment happens after the judge signs the order and the agencies expunge the records.
Q: Been in jail 17 days still has no court date but was filed on. Why and how long can they hold without court date?
Frank A. Urbanic's answer
They can hold him until he posts bond and gets out, gets an OR bond, pleads, or his case is dismissed.
They can hold him until he posts bond and gets out, gets an OR bond, pleads, or his case is dismissed.
Q: What type of lawyer do i need if i want to file charges of assault and battery against someone?
Eric D. Yost's answer
If you plan on filing a criminal complaint, you will not need a lawyer, per se, to do so. Once you make a criminal complaint, probable cause established and charges placed on an individual, a Commonwealth Attorney will be assigned to prosecute this/these
crime(s). The Commonwealth of Virginia is the responsible party from this point on. You may also have a civil claim against the accused party also. A civil claim involves awards of money; a criminal charge carries the penalty of...
If you plan on filing a criminal complaint, you will not need a lawyer, per se, to do so. Once you make a criminal complaint, probable cause established and charges placed on an individual, a Commonwealth Attorney will be assigned to prosecute this/these
crime(s). The Commonwealth of Virginia is the responsible party from this point on. You may also have a civil claim against the accused party also. A civil claim involves awards of money; a criminal charge carries the penalty of...
Q: How long after getting approved for expert thru the court will you find out if the court or lawyer will pick the expert?
H. Scott Aalsberg Esq.'s answer
Generally the expert is picked by your lawyer, best to ask your lawyer as we don't know the facts of your case.
Generally the expert is picked by your lawyer, best to ask your lawyer as we don't know the facts of your case.
Q: How can I look up lawyers in NJ that have good record? Also how can my fiance in Elizabeth NJ county request his lawyer?
H. Scott Aalsberg Esq.'s answer
Unfortunately we are not allowed to mention other sites on this sites but I am sure you know the major search engines, hint hint. One piece of advise with lawyers, like life. In general you get what you pay for. Pay a lot for a handbag you get a good leather handbag that last a lifetime. Pay a little you get plastic and it wears out in a few months. Good Luck in your search.
Unfortunately we are not allowed to mention other sites on this sites but I am sure you know the major search engines, hint hint. One piece of advise with lawyers, like life. In general you get what you pay for. Pay a lot for a handbag you get a good leather handbag that last a lifetime. Pay a little you get plastic and it wears out in a few months. Good Luck in your search.
Q: How can I be locked up for 6 months in a county jail and only plea guilty to something I didn't do or put a$10,000.00 up
Timothy Denison's answer
If the case was dismissed against you, you may have anaction for wrongful arrest. Unfortunately, in the current criminal justice system climate, many innocent people make the decision to plead guilty to something they didn’t do just so they can get out of jail because they can’t afford to post bond.
If the case was dismissed against you, you may have anaction for wrongful arrest. Unfortunately, in the current criminal justice system climate, many innocent people make the decision to plead guilty to something they didn’t do just so they can get out of jail because they can’t afford to post bond.
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