Criminal Law Questions & Answers

Q: If a person has an arrest record, but charges were never filed, how can they keep this record from showing up?

1 Answer | Asked in Criminal Law for Texas on Mar 16, 2015

Answered on Mar 29, 2015

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Phillip Wayne Goff's answer
Expunction is the procedure to destroy or eliminate records relating to criminal charges. What you described may meet the requirements to qualify for expunction, but more information is necessary. If a person is arrested, but not formally charged in court, he/she may qualify for expunction. For example, if the arrest was 3 years ago, no charge was ever filed, and the charge is a misdemeanor, the person would be eligible for expunction.

Expunction requires the filing of a civil...

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Q: Is it against the law in tx for a 22 and 16 year old to date if there no sex involved in tx

1 Answer | Asked in Criminal Law for Texas on Mar 17, 2015

Answered on Mar 28, 2015

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Phillip Wayne Goff's answer
Strictly speaking, the answer is yes. Good luck on convincing people you aren't having sex with her, though. If she claimed you had sex before she was 17, you could be in deep trouble. Most people I know likely wouldn't believe you, in my opinion. Nonetheless, in answering the question, "dating", whatever that means, is not, in and of itself, a crime.

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Q: can the same felony enhancements that have been used in previous cases be used again on a new case?

1 Answer | Asked in Criminal Law for Texas on Mar 20, 2015

Answered on Mar 28, 2015

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Phillip Wayne Goff's answer
Yes, assuming there are completely new cases. For instance, if you had a felony conviction in Dallas County, and it resulted in a prison sentence, it could be used to enhance a later felony in Tarrant County to a repeat felony offender status. If you were sentenced to prison in that case, then were released, then committed a new felony in Harris County, you would face habitual felony offender status because both the Tarrant County and the Dallas County convictions would be used to enhance the...

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Q: if i live where marijuana is legal and get arrested while passing through where it is illegal for possesion?

1 Answer | Asked in Criminal Law for Texas on Mar 21, 2015

Answered on Mar 28, 2015

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Phillip Wayne Goff's answer
Technically, there is little you have to use, in general. The jurisdiction (i.e. Colorado or a neighboring state) defines what it legal or illegal within its boundaries. The fact it is legal in one is no legal defense in another. It might have some social sway or other effect on negotiations with a prosecutor, but you are tough out of luck saying it's legal where you live.

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Q: someone parked their car on my property ,6 month i haven't seen her so i towed it Can i get in trouble

1 Answer | Asked in Criminal Law for Rhode Island on Oct 8, 2014

Answered on Mar 27, 2015

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Neville Bedford's answer
When you have a problem like this, it is best to see an attorney and retain them to assist you. The contract that you signed will be most important in delineating your rights. be sure to bring that with you when you meet with an attorney.

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Q: i was stopped shoplifting N i ran but they got the license plate BUT IT ALSO wasnt my car it was a friend of mines

1 Answer | Asked in Criminal Law for Rhode Island on Feb 24, 2015

Answered on Mar 27, 2015

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Neville Bedford's answer
When you have a problem like this, it is best to see a criminal court attorney and retain them to assist you.

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Q: Is it illegal for a 21 year old female to have sex with a 16 year old female. In the state of Ohio. Or Pennsylvania.

1 Answer | Asked in Criminal Law for Ohio on Mar 26, 2015

Answered on Mar 27, 2015

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Matthew Williams' answer
The age of consent in both states is 16. However, carrying on a sexual relationship with a minor is still risky. Sexually explicit images or video of the minor are child pornography, which is illegal to solicit, produce, possess, transfer, distribute, sell...basically everything. The laws against contributing to the delinquency of a minor are broad. If you were to facilitate the minor's disobedience to her parents, this could become an issue. It is generally a bad idea for an adult to cross...

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Q: can uncharged points be relevant after I ve been charged fof activities comitted in a certain period of time?

1 Answer | Asked in Criminal Law for Florida on Mar 26, 2015

Answered on Mar 26, 2015

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Robert Jason De Groot's answer
I do not understand your question. Uncharged points for what? A sentencing scoresheet? I need to at least know the context from which you ask the question.

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Q: I have advisement for possission of marijhuana will i go to jail

1 Answer | Asked in Criminal Law for Virginia on Jan 28, 2015

Answered on Mar 25, 2015

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Susan Fremit's answer
If this is your first time being charged with possession of marijuana and it is a small amount, you will likely go into the 1st offender program with the charge being ultimately withdrawn. You cannot later get this charge expunged if you successfully complete the program. If this is not your first conviction and the charge is still a misdemeanor, the maximum jail sentence is 12 months. Before going into the 1st offender program you should have a lawyer look at the facts of your case to see...

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Q: Do I need a lawyer. I left a comforter on my ex porch then left after she told me not to come to her house

1 Answer | Asked in Criminal Law for Virginia on Feb 6, 2015

Answered on Mar 25, 2015

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Susan Fremit's answer
If you were told in writing not to go on your ex' property, you can be charged with trespass. That doesn't your ex from visiting you at your place. If you have been charged and do not have a criminal record, hire a lawyer to look into getting the charge deferred and dismissed in a year. You need to forget about your ex too.

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Q: what does codes 63.1 and 1.98 means

1 Answer | Asked in Criminal Law for Virginia on Feb 8, 2015

Answered on Mar 25, 2015

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Susan Fremit's answer
You need to be more specific. Title 63.1 refers to social services/welfare matters.

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Q: How do u beat a fraud case

1 Answer | Asked in Criminal Law for Virginia on Feb 9, 2015

Answered on Mar 25, 2015

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Susan Fremit's answer
You need to hire an experienced criminal defense attorney who can look into possible defenses to the charge. Click on "find a lawyer" on this website.

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Q: Terror/Criminal Threat

1 Answer | Asked in Criminal Law for Virginia on Mar 9, 2015

Answered on Mar 25, 2015

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Susan Fremit's answer
This is a public website, so you don't want to publish any further details. If you have been charged, you need to hire an experienced criminal defense attorney who can look into whether you have a defense etc.

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Q: Can i get an explungement if I'm 46 a woman & in 1997 felony charges of possession with intent to distribute marijuana?

1 Answer | Asked in Criminal Law for Virginia on Mar 1, 2015

Answered on Mar 25, 2015

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Susan Fremit's answer
Unfortunately you cannot get a conviction expunged in VA no matter how much time has passed. You may be able to get your civil rights reinstated though. I published a guide on this subject that you might find of assistance. Here is the link: http://www.avvo.com/legal-guides/ugc/what-you-need-to-know-about-criminal-record-expungement-in-virginia .

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Q: If a person is assualted and has witnesses, why would the "assualter" not be arrested?

1 Answer | Asked in Criminal Law for Virginia on Mar 12, 2015

Answered on Mar 25, 2015

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Susan Fremit's answer
I am not certain what you mean by "if it occurred in the county". Virginia is divided into counties and VA law governs all counties. If the police believed that the "assaulter" was defending him or herself, they may have made the decision not to lay charges. They may be continuing their investigation. I suggest you contact the police force where the assault took place to find out the status of the charge.

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Q: Do they have a legal right to keep his SIM and SD card?

1 Answer | Asked in Criminal Law for Virginia on Mar 18, 2015

Answered on Mar 25, 2015

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Susan Fremit's answer
They are likely keeping them as evidence and thus keeping the prosecution file intact. They shouldn't do a reset because that would be destroying "evidence".

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Q: What do you call it when a pedophile is still obsessed with their victim even after their victim is grown

1 Answer | Asked in Criminal Law for Florida on Mar 24, 2015

Answered on Mar 24, 2015

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Robert Jason De Groot's answer
A mentally disordered sex offender? This is not a criminal law question but a psychiatric diagnosis question.

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Q: can i visit my offender in prison ?

1 Answer | Asked in Criminal Law for Florida on Mar 21, 2015

Answered on Mar 24, 2015

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Robert Jason De Groot's answer
What does "my offender" mean? Were you the victim? Then probably not, depending upon whether there is a not contact order. If there is, you should try to get the order modified to "no violent contact".

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Q: Does a "failure to register as a sex offender" conviction count in the three strikes law?

1 Answer | Asked in Criminal Law for Georgia on Mar 18, 2015

Answered on Mar 23, 2015

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Julie A. Rice's answer
If it doesn't, it should. If you are a sex offender then you better register. You aren't the favorite character so follow the rules for the innocent children with whom you prey. If you don't, then I hope you see the rest of you life behind bars.

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Q: If u are charged with theft by receiving. And theft by deception. Can the pawn shop where the items are can they sell it

1 Answer | Asked in Criminal Law for Georgia on Mar 7, 2015

Answered on Mar 23, 2015

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Julie A. Rice's answer
If you sell stolen items to a pawn shop and the pawn shop does not know that, and pawn shops are not in the business of selling stolen items which is why they ask of proof of ownership before they list and sell an item. If you forge ownership documents and the pawn shop sells the item, then it will be tracked to you and you will be arrested and charged accordingly. This applies with theft by deception as well. Don't so it.....you will be caught and you will go to jail.

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