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Criminal Law Questions & Answers
Q: 15 year old is pregnant by 20 year old. Parent don't want to press charges. Can he still go to jail
Andrew M. Stengel's answer
What you described is criminal. Anybody could alert the police for them to investigate, not only her parents.
What you described is criminal. Anybody could alert the police for them to investigate, not only her parents.
Q: How to prove date rape?
1 Answer
| Asked
in
Personal Injury, Juvenile Law, Sexual Harassment and Criminal Law
on
Answered on Oct 1, 2016
Answered on Oct 1, 2016
Paul Stanko's answer
In any case of alleged rape, it is essential to contact police immediately and make a report. A rape kit also needs to be processed (DNA samples and the like). It is up to the police to collect evidence and the prosecutor to prove the case. All the alleged victim can do is cooperate in the collection of evidence and statements.
In any case of alleged rape, it is essential to contact police immediately and make a report. A rape kit also needs to be processed (DNA samples and the like). It is up to the police to collect evidence and the prosecutor to prove the case. All the alleged victim can do is cooperate in the collection of evidence and statements.
Q: Minor left home and refused to return age 17. She is now claiming I have her property and $$ she took.
1 Answer
| Asked
in
Family Law, Criminal Law and Juvenile Law
for
Illinois
on
Answered on Oct 1, 2016
Answered on Oct 1, 2016
Paul Stanko's answer
If police show up wanting to talk to you, do not allow them in your home without a warrant and do not talk to them, period. Contact a criminal defense attorney in your area immediately.
If police show up wanting to talk to you, do not allow them in your home without a warrant and do not talk to them, period. Contact a criminal defense attorney in your area immediately.
Q: If a friend in vegas got robbed and the perp stole the 12000 in the safe is he protected under homeowners insurance ?
1 Answer
| Asked
in
Real Estate Law, Criminal Law and Personal Injury
for
Nevada
on
Answered on Oct 1, 2016
Answered on Oct 1, 2016
Paul Stanko's answer
This is an insurance question. Your friend should look at the coverages and exclusions in his policy. Better yet, get the policy out and call his agent to discuss his policy terms.
This is an insurance question. Your friend should look at the coverages and exclusions in his policy. Better yet, get the policy out and call his agent to discuss his policy terms.
Q: Son sentenced to state jail given time served yet still in jail does he have to go to the state jail to be released
Paul Stanko's answer
"Time served" typically means that the person is to be released immediately. If that has not happened, he should discuss why with his attorney.
"Time served" typically means that the person is to be released immediately. If that has not happened, he should discuss why with his attorney.
Q: Is it blackmail if you stated to another that you have enough evidence to get someone fired from job but never sent it
Paul Stanko's answer
Extortion or blackmail generally requires an attempt to get something from someone else. But if you are concerned about this, you should avoid getting involved in other persons' transgressions.
Extortion or blackmail generally requires an attempt to get something from someone else. But if you are concerned about this, you should avoid getting involved in other persons' transgressions.
Q: If Your 15, Your Boyfriend Is 21. Could He Get In Trouble If Someone Told?
Paul Stanko's answer
There are all kinds of possibilities, none of them good. You have not given any details, but a 21 year old generally needs to avoid having a romantic or physical relationship with a 15 year old. Nothing good can come of it.
There are all kinds of possibilities, none of them good. You have not given any details, but a 21 year old generally needs to avoid having a romantic or physical relationship with a 15 year old. Nothing good can come of it.
Q: i pled guilty to a domestic the accuser finally admited she lied can i get off probation
Paul Stanko's answer
Why would you plead guilty if you did not believe you committed the offense? You may or may not have a remedy of appeal or post-conviction relief. Much will depend on the record of your guilty plea, how much time has passed, etc. You need to consult with an attorney in that state who handles appeals and/or post-conviction relief.
Why would you plead guilty if you did not believe you committed the offense? You may or may not have a remedy of appeal or post-conviction relief. Much will depend on the record of your guilty plea, how much time has passed, etc. You need to consult with an attorney in that state who handles appeals and/or post-conviction relief.
Q: if protective order dismissed by circuit court , does misdemeanor automatically dismiss or not , misdemeanor,was wish
Paul Stanko's answer
Your question seems to be whether a criminal charge filed due to certain circumstances is automatically dismissed due to a change in those circumstances. The answer is no. The state (or commonwealth) files charges and is therefore the entity that would generally dismiss them. Contact an attorney licensed in the Commonwealth of Virginia to discuss this further.
Your question seems to be whether a criminal charge filed due to certain circumstances is automatically dismissed due to a change in those circumstances. The answer is no. The state (or commonwealth) files charges and is therefore the entity that would generally dismiss them. Contact an attorney licensed in the Commonwealth of Virginia to discuss this further.
Q: Fraud
Q: Im on ssi and unable to pay my fines i found a law 42.u.s.c.407 sec 207 under this law can the courts put me in jail
Peter Munsing's answer
A lot depends on what your fines are for. You should file for a modification of payments. You don't want to just not pay and not file for a modification--then you get warrants out and it gets really hairy. Contact your local public defender for advice.
A lot depends on what your fines are for. You should file for a modification of payments. You don't want to just not pay and not file for a modification--then you get warrants out and it gets really hairy. Contact your local public defender for advice.
Q: What legal grounds of defense does he have?
Peter Munsing's answer
It's a serious charge because you not only have an assault but an injury. Because of this your friend needs to get a hold of a criminal defense attorney. Neither he nor you should discuss this on any social media. His defense would be provocation but there are issues with that. A possible way of getting a good defender would be to contact your state's civil liberties union
and ask them who the "cooperating attorneys" are in that town.
It's a serious charge because you not only have an assault but an injury. Because of this your friend needs to get a hold of a criminal defense attorney. Neither he nor you should discuss this on any social media. His defense would be provocation but there are issues with that. A possible way of getting a good defender would be to contact your state's civil liberties union
and ask them who the "cooperating attorneys" are in that town.
Q: Are there any attorneys that can help me restore my civil rights? I have the paperwork but it's so confusing!!
Terrence H Thorgaard's answer
Scan the paperwork to me (See my profile for my e-mail address) and I will have a look at it.
Scan the paperwork to me (See my profile for my e-mail address) and I will have a look at it.
Q: Missed court 7/27 on 2nd degree assault, warrant issued due to fail to appear, picked up in custody, what to do now?
Tristan Kenyon Schultz's answer
He may get a bond, but this partly depends on how angry the DA and judge are about the missed appearance (note: missing a court date angers most DAs and judges). Missing a court date may introduce another change(s). It will impact bonding (ranging from no bond to a significantly increase bond amount). There is a lot of discretion on the part of the DA and judge related to missing court dates. A second decree charge is relatively serious (i.e. a low level felony), so I would expect the penalties...
He may get a bond, but this partly depends on how angry the DA and judge are about the missed appearance (note: missing a court date angers most DAs and judges). Missing a court date may introduce another change(s). It will impact bonding (ranging from no bond to a significantly increase bond amount). There is a lot of discretion on the part of the DA and judge related to missing court dates. A second decree charge is relatively serious (i.e. a low level felony), so I would expect the penalties...
Q: if an intruder dies due to the castle law in Georgia would i get in trouble or sued?
1 Answer
| Asked
in
Criminal Law, Constitutional Law and Wrongful Death
for
Georgia
on
Answered on Sep 29, 2016
Answered on Sep 29, 2016
Peter Munsing's answer
You'd have a good chance of being sued, especially it it turned out the guy was unarmed, like the trick or treater someone shot. Whether they would win is a bit different but I'd plan on keeping my homeonwers, maybe up the protection.
You'd have a good chance of being sued, especially it it turned out the guy was unarmed, like the trick or treater someone shot. Whether they would win is a bit different but I'd plan on keeping my homeonwers, maybe up the protection.
Q: I have a friend who told me that her son was shot 5 times by a guy wearing a military uniform.
Peter Munsing's answer
She should talk to a member of the Georgia Trial Lawyers Association. She should understand if it's a gang member that shot the son, then there's not much she can do unless she wants to pay the lawyer by the hour,because if she wins she has to get the money from someone who doesn't have a bank account that can be attached, who has no visibile means of support.
She should talk to a member of the Georgia Trial Lawyers Association. She should understand if it's a gang member that shot the son, then there's not much she can do unless she wants to pay the lawyer by the hour,because if she wins she has to get the money from someone who doesn't have a bank account that can be attached, who has no visibile means of support.
Q: I have a friend who told me that her son was shot 5 times by a guy wearing a military uniform.
Peter Munsing's answer
She should talk to a member of the Georgia Trial Lawyers Association. She should understand if it's a gang member that shot the son, then there's not much she can do unless she wants to pay the lawyer by the hour,because if she wins she has to get the money from someone who doesn't have a bank account that can be attached, who has no visibile means of support.
She should talk to a member of the Georgia Trial Lawyers Association. She should understand if it's a gang member that shot the son, then there's not much she can do unless she wants to pay the lawyer by the hour,because if she wins she has to get the money from someone who doesn't have a bank account that can be attached, who has no visibile means of support.
Q: I had no knowledge to her being a minor at all
1 Answer
| Asked
in
Criminal Law, Personal Injury and Sexual Harassment
for
California
on
Answered on Sep 29, 2016
Answered on Sep 29, 2016
Peter Munsing's answer
Gotta talk to a lawyer. In the service? Go to a JAG for starters. Illegal to lie on an online site? You really think all those people who say they are 40, or 50 are? Or that they are "sensitive" "caring"? Swipe that, buddy.
Next, Jag or lawyer can run interference to make sure who called you is really police. Why? Number wouldn't be 911--detectives call backs are normally regular exchange numbers. So maybe someone is sweating you so you are grateful when they tell you for a payment to...
Gotta talk to a lawyer. In the service? Go to a JAG for starters. Illegal to lie on an online site? You really think all those people who say they are 40, or 50 are? Or that they are "sensitive" "caring"? Swipe that, buddy.
Next, Jag or lawyer can run interference to make sure who called you is really police. Why? Number wouldn't be 911--detectives call backs are normally regular exchange numbers. So maybe someone is sweating you so you are grateful when they tell you for a payment to...
Q: I have a preliminary hearing coming up for some charges against me.
Terrence H Thorgaard's answer
Evidence is not usually taken at a preliminary hearing, so no. It's basically to determine when trial will take place, and other housekeeping matters.
Evidence is not usually taken at a preliminary hearing, so no. It's basically to determine when trial will take place, and other housekeeping matters.
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