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Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law for New Jersey on

Q: I want to write a letter to the judge on behalf of my husband. How should a I go about doing that?

My husband was charged with AGG ASSAULT-ATTEMPT/CAUSE BI W/DEADLY WEAPON PURP/KNOW 3rd degree, POSS OF WEAPON FOR UNLAWFUL PURPOSE-OTHER WEAPON 3rd degree, and UNLAWFUL POSS WEAP - OTHER WEAPONS 4th degree. His first court date is June 20th and I believe its just for processing. We did speak with a... Read more »

H. Scott Aalsberg Esq. answered on Jun 18, 2019

It could help, it could hurt depending on what your write as for what you should write that would depend on the facts of the case. I suggest setting up a consultation with an attorney if you don't know how to write it or what to say but expect that attorney to charge you for his time and advice,... Read more »

1 Answer | Asked in Criminal Law for South Carolina on

Q: What makes a receiving stolen property charge a felony in South Carolina?My kid has hers marked $2000 or less but a felo

But listed as felony with actually listed items valued at $1050.00 and she was only in a .motel room belonging to friend who had the stuff in motel room when police came to arrest that so called friend on child neglect charges and found stolen property they charged my kid too because the friend... Read more »

Stephen Grooms answered on Jun 18, 2019

If you have two or more prior property crime related convictions your third offense can be indicted or charged as a felony regardless of dollar value involved.

1 Answer | Asked in Criminal Law for Georgia on

Q: Can you sell a joint vehicle in Georgia without both parties consent?

I inherited my mother's interest in a vehicle she owned with her sister (my aunt). I was told she had sold the vehicle and a recent check on car fax indicates that the title was transferred without my signature or consent on the title. Is this theft? I have read that she cannot sell without my... Read more »

Michael D. Barber Jr. answered on Jun 18, 2019

Was there something out of probate court giving her authority to sign for your mother? Did she have a power of attorney signed by your mother giving her authority to sign for your mother? Did she forge the signature?

1 Answer | Asked in Criminal Law for Georgia on

Q: What does insufficient indictment ocga mean

Michael D. Barber Jr. answered on Jun 18, 2019

There are a variety of reasons that a insufficient indictment can be issued. One reason is that the evidence did not support the charges that the District Attorney presented for the indictment purposes. It also means that the case was not indicted and the DA cannot move forward (Unless they try... Read more »

2 Answers | Asked in Criminal Law for Ohio on

Q: How do you go about unsealing your records, when you have no criminal background?

Denise Rini Esq answered on Jun 18, 2019

If you do not have any criminal charges, there is nothing to unseal.

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1 Answer | Asked in Criminal Law and DUI / DWI for Louisiana on

Q: 14:99 wreckless operation and 14:98.1 dwi first offense Arrest from the same event, does this become a felony or ?

I was arrested for these offenses also was in a vehicular accident, I’m curious on what the minimum charges could become when my court date arrives , the even took place in St. John Parish , Louisiana.

Ellen Cronin Badeaux answered on Jun 18, 2019

This stays a misdemeanor. If you plead or are found guilty, you will have safe driving class, substance abuse assessment, 48 hrs community service, fine, court costs, ignition device.

1 Answer | Asked in Criminal Law for Ohio on

Q: My ex husband beat me and broke my eye/nose while I have a warrant. Can I pursue charges after the warrant is gone

I have a child support warrant but not for the child I have with him. I have full custody of that child.

Dimitrios Makridis answered on Jun 18, 2019

You are the victim of a crime. You can pursue charges now. The longer you wait, the less credible your complaint becomes.

1 Answer | Asked in Criminal Law and Civil Rights for Louisiana on

Q: What if u have been a victim for over 15yrs of personal persecution,and involuntary servitude.what sentence could hold

Ellen Cronin Badeaux answered on Jun 18, 2019

Call the Sheriff's office to report if you have been a victim of human trafficking.

1 Answer | Asked in Criminal Law for New Jersey on

Q: Second degree theft by deception for a person with no criminal record, what are the chances of serving jail time?

H. Scott Aalsberg Esq. answered on Jun 18, 2019

A second degree theft by deception charge has a presumption of incarceration for 5 to 7 years even for first time offenders. But a good lawyer may be able to reduce or elimate this for you so pick a good one to get the best results.

1 Answer | Asked in Civil Rights and Criminal Law for California on

Q: Can police see your warrant if they run the license plates of a vehicle that is not registered under your name?

I got pulled over for expired tags. Police beat me up badly and didnt know my neighbor's cameras caught the whole thing. I didn't know I had a warrant and the police officer never mentioned anything about me having a warrant either. Now that I'm fighting the charges, they're trying to say that they... Read more »

David Dastrup answered on Jun 17, 2019

You are right in that it does not make sense that they would find a warrant for you based on looking up someone else's license plates. There are a lot of different reasons police pull people over. Here, if the tags were actually expired, that is a legitimate reason. However, sometimes a police... Read more »

1 Answer | Asked in Criminal Law for California on

Q: My son is being charged with burglary and a strike for attempting to break in to a detached garage

David Dastrup answered on Jun 17, 2019

What is your question? Are you looking for an attorney or for some information?

1 Answer | Asked in Criminal Law for New York on

Q: Crim Trespass 3rd:enclsd Prop

The guy opened the door for me, but now she denied this, and now my charge is Crim Trespass 3rd:enclsd Prop. What can I do? Thank you.

Gary Kollin answered on Jun 17, 2019

If it was a guy, how can SHE deny it.

Hire an attorney

1 Answer | Asked in Criminal Law for Tennessee on

Q: How likely is it to get paroled out on your first parole hearing if charged with a class C felony for aggrevated assault

There was bodily harm done to the victim but no death nor any hospital stay for the victim

Cayley Turrin answered on Jun 17, 2019

There is no way to know. I would suggest participating in as many programs at the prison as possible.

1 Answer | Asked in Criminal Law and Family Law for Kentucky on

Q: Daughter has an EPO on husband.Court date Thursday his family is threatening criminal charges in FBposts Intimidation?

Daughters husband n family wouldnt let her leave w/ child husband assaluted her family ganged up on her I split them up family member hit a table. She Attempted to get EPO on my daughter. It was denied. It says she can file criminal charges. They made a comment on my page that we would be doing 2... Read more »

Timothy Denison answered on Jun 17, 2019

Go to county attorney And seek warrant for intimidating a witness.

2 Answers | Asked in Criminal Law for Illinois on

Q: Is a defendant that has been found guilty and sentenced to Dept of Corrections entitled to a copy of transcripts free

William Wolf answered on Jun 17, 2019

Not automatically, no.

There's a lot of information missing here. Did the Defendant plead guilty or go to trial?

Is the Defendant indigent?

Does the defendant have an attorney representing him or her right now on appeal?

If the Defendant has an attorney now on...
Read more »

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1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Juvenile Law for Florida on

Q: How long can you get if you are a minor at the age of 16 and get caught with a warrant?

Gary Kollin answered on Jun 17, 2019

A warrant for what?

Anyone under 18 is a minor

1 Answer | Asked in Criminal Law for Kentucky on

Q: How do we go about getting it back

Timothy Denison answered on Jun 17, 2019

You’ll have to file a motion for its return in the open case.

1 Answer | Asked in Criminal Law for Kentucky on

Q: My son is sitting in jail and has been for over 1 year. His charges were sexual abuse and something else, but CPS took

His children put them in foster care for the last 8 months. His public defender told him to pleaded guilty because his jury would be 12 old white men who don’t like people touching kids. Today he received a letter from a judge in Frankfort KY saying there’s no substantiating evidence and all... Read more »

Timothy Denison answered on Jun 17, 2019

He needs to have a lawyer review his case and see what can be done. The cps case and the sexual abuse case do not necessarily go hand in hand.

1 Answer | Asked in Criminal Law for Kentucky on

Q: No there was no warrant involved in trafficking class d case when phone came up missing

Timothy Denison answered on Jun 17, 2019

They must have a search warrant to seize your phone!

1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for California on

Q: Can we ask an applicant about criminal cases found online?

We are making a new hire at our company, phone screened, interviewed and asked for references. While checking their social media and verifying some basic info online we found that she has some criminal cases online in San Diego, CA. We can't see the details, but would like to know if we can... Read more »

Neil Pedersen answered on Jun 17, 2019

You cannot ask about or even perform a background check to find criminal convictions until after you have made a conditional offer of employment to the employee. At this point, you have already created possible exposure to the company by doing the light background work you have done because you... Read more »

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