Criminal Law Questions & Answers

Q: My older brother took my 89 years old Alzheimer's mother to bank, empty everything in her bank accounts.

1 Answer | Asked in Criminal Law, Family Law and Elder Law for New York on
Answered on Dec 5, 2016

You should go to the police immediately and make a report for elder abuse.
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Q: So my daughter brought over her pregnant friend the other day, they're both 13 years old and another girl their age

1 Answer | Asked in Criminal Law and Juvenile Law for California on
Answered on Dec 5, 2016

This is considered a crime regardless of whether the girl is pregnant. A battery by definition is a willful and/or unlawful touching of another in a harmful or offensive manner. There are various degrees of battery from a simple misdemeanor to battery with serious bodily injury as a felony. The girl or her parents should report this to law enforcement so they can investigate this case and refer it to the district attorney's office.
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Q: Can defense introduce evidence about someone else who has method, opportunity, and a stronger motive than the defendant?

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Dec 5, 2016

This is something that you should be discussing with your trial attorney. If there is an alternative theory of the case that is absolutely somethong a trial attorney can use durimg the trial. Your attorney should go through discovery and see where it can be utilized in the presentation of the Commonwealths case. If the police failed to investigate that, it can be very helpful. Make sure your trial attorney is aware so they can best help you use this information.
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Q: How much time does law enforcement officials have to charge an individual for a delivery and felon trying to get a gun

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Dec 5, 2016

The statute of limitations on these charges is 2 years. There are exceptions to those rules but a good guideline is 2 years.
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Q: Can criminal charges be filed?

1 Answer | Asked in Criminal Law for Colorado on
Answered on Dec 5, 2016

Taking "unclaimed" property (even if it lacks identification) is an intentional and improper act. Whether theft charges can be filed depends a lot on the circumstances of the situation. You may want to seriously consider repaying the amount (restitution) before this proceeds any further...
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Q: I was convicted of DUII, Failure to Perom Duties, and Mans. II in 2008.

1 Answer | Asked in Criminal Law, DUI / DWI and Car Accidents for Oregon on
Answered on Dec 5, 2016

You should have a non-driving ID. If not you make a more complicated process but no.
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Q: how would I report a crime if someone signed a lease agreement without me giving them consent to sign it on my behalf?

1 Answer | Asked in Landlord - Tenant and Criminal Law for New York on
Answered on Dec 3, 2016

YES! You have two options, the second of which is my humble recommendation. 1. File a police report and cross your finger, or; 2. File a DIRECT COMPLAINT to the District Attorney's office in your county (the forms can be found online via web search) and an assigned ADA will promptly contact you.

You also have several civil remedies available; contact an attorney who offers free consultations to explore your remedies here.

AG3
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Q: My Friend was charged with forcible touching.

1 Answer | Asked in Criminal Law for New York on
Answered on Dec 3, 2016

First of all, your friend can be prosecuted based on the alleged victim's word alone, assuming the ADA assigned to the matter believes her/him. If possible I would advise him to hire private counsel if he can afford it (we, and many other attorneys, handle misdemeanors for $1,500 or less from inception through trial, so private representation can be affordable). If this is not possible, I would ask the court to assign him/her an "18-B" attorney. These are private lawyers (with a minimum 10...
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Q: My neighbor has several cameras pointed at my house with one pointed at my bathroom window. Do I have legal action?

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Maryland on
Answered on Dec 3, 2016

Probably not. If the cameras are located on his property he can point them at any point he wishes for security.
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Q: What are the section, sub-section and statute regarding defiant tress-pass in PA?

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Dec 3, 2016

18 Pa.C.S. 3503
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Q: How bad will false allegation charges affect me?

1 Answer | Asked in Criminal Law for Texas on
Answered on Dec 3, 2016

You should hire a lawyer to advise you because it is unlikely that the charges will be reversed based on your new position.. The lawyer would need to investigate and talk to all the witnesses to properly advise you. More importantly, what you are considering is a jailable offense.
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Q: Can I be prosecuted in any way by the law if I post a picture on facebook of the guy that robbed me and was arrested for

1 Answer | Asked in Criminal Law for New Jersey on
Answered on Dec 3, 2016

Maybe but much more information is needed to answer your question. If you need an answer I would suggest that you setup a consultation with a good lawyer before doing anything, it may cost a few bucks but it may be worth it to you for the answer.
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Q: My 16 yr old brother was punched by a 30 yr old male what do i do?

1 Answer | Asked in Criminal Law and Personal Injury for California on
Answered on Dec 3, 2016

Sounds like a crime that should be reported to the police. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice nor does it create any Attorney-Client relationship.
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Q: What is the CA penal code 871.5?

2 Answers | Asked in Criminal Law and Juvenile Law for California on
Answered on Dec 2, 2016

871.5 can be obtained via google. It appears to specify a way for a criminal action to be reinstated after it was dismissed previously under the code sections specified in 871.5(a).
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Q: Babydaddy putting his hands on me infront of my daughter call police went to jail for weekend and he had a gun can jail

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Ohio on
Answered on Dec 2, 2016

It sounds like he has already been charged. Have you talked to the prosecutor or victim advocate yet? You will want to make sure these folks know he has a gun. How much time he can get depends on exactly what he is charged with and his history. A first time domestic charge is a first degree misdemeanor. 6 months is the maximum sentence for that charge so there is no way to make him get more if that's the charge. Also, its the judge who decides how much time he gets, not you.
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Q: Can you request discovery in a criminal case against yourself without a lawyer before trial date?

2 Answers | Asked in Criminal Law for Maryland on
Answered on Dec 2, 2016

Yes. The rules of procedure allow you to request discovery of the evidence they have against you. But there is a proper procedure you need to follow. You would be wise to hire an attorney or contact the public defender's office for assistance.
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Q: Do the DA have a case if the evidence the state trooper sworn to and signed was a lie

1 Answer | Asked in Public Benefits and Criminal Law for Pennsylvania on
Answered on Dec 2, 2016

I will preface this by saying a mistake is different from a lie. Only because I am not sure what happened with your case. The Commonwealth has the legal right to amend the charges up to the time where the jury is sworn in a matter. Your remedy would be a continuance. The fact that this was changed does not mean that you do not have a defense based on the officers mistake. The complaint is a useless document what matters to you is what is in discovery. In your position, represented by...
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Q: I was in jail thrity days and the charges were dropped can I get paid for those days

1 Answer | Asked in Criminal Law for Colorado on
Answered on Dec 2, 2016
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Q: If an officer who found marijuana on me tells me I Should receive a disorderly conduct summary offense then will I

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Dec 1, 2016

Do you have a choice?? I mean it seems the play at this point is wait for either a citation or a criminal complaint in the mail. The officer is right, many first offense marijuana cases work out to summaries, but he has bosses too. If your future is important to you, at some point you should hire an attorney. They will be able to steer you and perhaps even get you a better result than a summary.
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Q: Can I be arrested and charged for someone else's gun for leaving it at my mom's place?

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

Was your friend in lawful possession of that firearm? If it was stolen or otherwise illegal to possess you could very well have exposure. You have a right not to talk to the police. You best course of action at this point would be to immediately consult with an experienced criminal defense attorney.
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