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Criminal Law Questions & Answers
Q: How can a mother be charged with enabling child sexual abuse when she called the police immediately upon discovery.
Kyle Persaud's answer
Okla. Stat. Tit. 21 s 843.5(G) says:
"enabling child sexual abuse" means the causing, procuring or permitting of a willful or malicious act of child sexual abuse, which includes but is not limited to rape, incest, and lewd or indecent acts or proposals, of a child under the age of eighteen (18) by another. As used in this subsection, "permit" means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should...
Okla. Stat. Tit. 21 s 843.5(G) says:
"enabling child sexual abuse" means the causing, procuring or permitting of a willful or malicious act of child sexual abuse, which includes but is not limited to rape, incest, and lewd or indecent acts or proposals, of a child under the age of eighteen (18) by another. As used in this subsection, "permit" means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should...
Q: My sister husband was cheating on my sister for over a month. Will he be sentenced for what he did?
1 Answer
| Asked
in
Criminal Law, Divorce and Child Custody
for
Michigan
on
Answered on Apr 17, 2019
Answered on Apr 17, 2019
Brent T. Geers' answer
Sentenced as in a criminal case? Not unless he was caught and charged with soliciting a prostitute or something like that. The police and prosecutors do not charge people criminally for cheating.
Sentenced as in a criminal case? Not unless he was caught and charged with soliciting a prostitute or something like that. The police and prosecutors do not charge people criminally for cheating.
Q: hi im a criminal justice major and I was wondering if I can get a sample of a criminal complaint
Brent T. Geers' answer
Search for SCAO - the State Court Administrator's Office. Then find the forms repository. You'll find everything you're looking for there.
Search for SCAO - the State Court Administrator's Office. Then find the forms repository. You'll find everything you're looking for there.
Q: How can I receive transcripts from a court trail from 2002?
Terrence H Thorgaard's answer
Was the verdict appealed? If so, check the appellate record.
If not, contact the court reporter, if you can find out who that was.
Was the verdict appealed? If so, check the appellate record.
If not, contact the court reporter, if you can find out who that was.
Q: How do i get my mail? Or can i press charges against her for keeping my mail.
Sye J Broussard's answer
I suggest you call the post office and give them a forwarding address for your mail in the future. As far as your personal mail in her possession, she cannot keep something that belongs to you. If you have reason to believe she is keeping your personal items, you can call the local law enforcement agency to escort you to the property to retrieve your belongings. You could also file a criminal complaint with your local law enforcement agency if you believe you are the victim of a crime. It would...
I suggest you call the post office and give them a forwarding address for your mail in the future. As far as your personal mail in her possession, she cannot keep something that belongs to you. If you have reason to believe she is keeping your personal items, you can call the local law enforcement agency to escort you to the property to retrieve your belongings. You could also file a criminal complaint with your local law enforcement agency if you believe you are the victim of a crime. It would...
Q: Hi my name is Breann Alexander my phone # is 385-404-2068 and my email is Breannalexander801@gmail.com
1 Answer
| Asked
in
Criminal Law, Civil Rights and Landlord - Tenant
for
Utah
on
Answered on Apr 17, 2019
Answered on Apr 17, 2019
Mike Branum's answer
According to Utah Administrative Code you should have received a copy of the Utah Consumer Bill of Rights Regarding Towing as soon as you were contacted by the towing company. If you did not, you can file a complaint with UDOT on their website (www.udot.utah.gov). You may have a claim for damages against the property manager if they requested the tow and you can demonstrate that they failed to provide notice of the parking regulations which would subject you to towing.
Remember, you CAN...
According to Utah Administrative Code you should have received a copy of the Utah Consumer Bill of Rights Regarding Towing as soon as you were contacted by the towing company. If you did not, you can file a complaint with UDOT on their website (www.udot.utah.gov). You may have a claim for damages against the property manager if they requested the tow and you can demonstrate that they failed to provide notice of the parking regulations which would subject you to towing.
Remember, you CAN...
Q: Is Reprosecution Barred if my Jury Trial was terminated by the Judge after a Motion by the Defense for mistrial?
Mike Branum's answer
The short answer is yes. Whether or not the prosecution is likely to attempt to refile charges will depend on whether or not you (or your previous counsel on your behalf) waived your right to a speedy trial. Arizona requires the prosecution to take a defendant to trial within 150 days of indictment unless the right is waived. If that deadline was already approaching when your last trial occurred there may be insufficient time for the prosecutor to acquire a second indictment, get you arraigned,...
The short answer is yes. Whether or not the prosecution is likely to attempt to refile charges will depend on whether or not you (or your previous counsel on your behalf) waived your right to a speedy trial. Arizona requires the prosecution to take a defendant to trial within 150 days of indictment unless the right is waived. If that deadline was already approaching when your last trial occurred there may be insufficient time for the prosecutor to acquire a second indictment, get you arraigned,...
Q: I have had battery charges field against me through the District attorney what can I do??
Dale S. Gribow's answer
more info needed.
it sounds like you were arrested for domestic violence (273.5 PC) and not 240 or 242 Battery.
you need to retain a lawyer who handles criminal cases in the court to which you are assigned.
contact me and I will give you some names.
more info needed.
it sounds like you were arrested for domestic violence (273.5 PC) and not 240 or 242 Battery.
you need to retain a lawyer who handles criminal cases in the court to which you are assigned.
contact me and I will give you some names.
Q: after getting a bail bond a week later my son was arrested on same charge and bail was increased am I still responsible
Matthew Williams' answer
Yes. Your contract with the bondsman is you pay them and they get him out. They did that. It’s not their fault he went right back in. Folks are often in hurry to get out, but you’re money is better spent on a lawyer than a bondsman.
Yes. Your contract with the bondsman is you pay them and they get him out. They did that. It’s not their fault he went right back in. Folks are often in hurry to get out, but you’re money is better spent on a lawyer than a bondsman.
Q: Incarcerated for a 2nd MTR on deferred probation due to non payment is it possible he get reinstated
Roy Lee Warren's answer
Thanks for your question.
I would not read too much into the letter from the clerk's office. It has been my experience those are routinely sent out. Also be aware that the clerk's office has been known to threaten revocation of the Defendant's driver's license if the payments are not made.
Are you sure he was arrested only for non payment of his fees? Unless the payment is for child support the state does not generally modify or revoke for nonpayment alone because new statutes...
Thanks for your question.
I would not read too much into the letter from the clerk's office. It has been my experience those are routinely sent out. Also be aware that the clerk's office has been known to threaten revocation of the Defendant's driver's license if the payments are not made.
Are you sure he was arrested only for non payment of his fees? Unless the payment is for child support the state does not generally modify or revoke for nonpayment alone because new statutes...
Q: Can you accept a plea deal between pretrial and trial?
Kiele Linroth Pace's answer
The prosecutor's offer is valid until the prosecutor decides it isn't.
Talk to your criminal defense attorney about requesting a continuance so you can get the money. Chances are decent that the judge is not interesting in bringing in a bunch of potential jurors only to tell them, "nevermind, the case settled."
Remember, judges are elected and jurors are potential voters.
The prosecutor's offer is valid until the prosecutor decides it isn't.
Talk to your criminal defense attorney about requesting a continuance so you can get the money. Chances are decent that the judge is not interesting in bringing in a bunch of potential jurors only to tell them, "nevermind, the case settled."
Remember, judges are elected and jurors are potential voters.
Q: Is there a way my boyfriend can ask to be seen by a judge to lower the bail(which is extremely excessive for his crime)
2 Answers
| Asked
in
Criminal Law, Products Liability and Admiralty / Maritime
for
California
on
Answered on Apr 16, 2019
Answered on Apr 16, 2019
Dale S. Gribow's answer
more info needed.
you need to retain a private lawyer or request a public defender.
move to put the matter On Calendar for a bail motion.
more info needed.
you need to retain a private lawyer or request a public defender.
move to put the matter On Calendar for a bail motion.
Q: SB 1437 petition for vacated sentence I filed had the wrong box marked describing conviction. Refile petition?
Dale S. Gribow's answer
much more info needed.
what did the DA or criminal clerk say?
ask the lawyer that represented you as that person has all the info.
much more info needed.
what did the DA or criminal clerk say?
ask the lawyer that represented you as that person has all the info.
Q: I was called by the sheriffs office asking me to come in to answer some questions as a suspect. What do I do?
Gary Kollin's answer
If it were nothing, why couldn’t he ask the questions over the phone?
Don’t talk to him and do not go there without speaking to a lawyer. Tell them you want a lawyer if detained.
And stop talking to your friends about this. They are not lawyers and are not bound to confidentiality
If it were nothing, why couldn’t he ask the questions over the phone?
Don’t talk to him and do not go there without speaking to a lawyer. Tell them you want a lawyer if detained.
And stop talking to your friends about this. They are not lawyers and are not bound to confidentiality
Q: Does Louisiana have any specific mandatory minimum sentence for Distribution of Schedule 3 first offence?
Sye J Broussard's answer
Distribution of a Schedule III is a minimum of 1 year and maximum of 10 years in prison, with or without hard labor. See La. R.S. 40:968.
Distribution of a Schedule III is a minimum of 1 year and maximum of 10 years in prison, with or without hard labor. See La. R.S. 40:968.
Q: How do I proceed with signing up for a law apprenticeship in Los Angeles California Are any attorney’s accepting stude
2 Answers
| Asked
in
Consumer Law, Criminal Law, Personal Injury and Tax Law
for
California
on
Answered on Apr 16, 2019
Answered on Apr 16, 2019
Bruce Alexander Minnick's answer
Although you have mentioned several legal terms commonly used in the legal profession, this is not a legal question; it is a personal question involving education.
You might want to use Google to locate one or more law firms or other places that might offer the kinds of educational services you are looking for.
Although you have mentioned several legal terms commonly used in the legal profession, this is not a legal question; it is a personal question involving education.
You might want to use Google to locate one or more law firms or other places that might offer the kinds of educational services you are looking for.
Q: A no contact/stay away Order has been placed on me but I meet my sons father for drop off/pick ups. What should I do?
Alexander Conley's answer
I am assuming that either you were ordered to have no contact and stay away from your son’s father as a condition of your release related to an open criminal case, or there is a restraining order in place. If it is a condition of release, violating could lead to being placed into custody while the case is pending. If it is a restraining order, a violation of that order is a crime itself.
If the order is a condition of your release, you should bring this to the attention of your...
I am assuming that either you were ordered to have no contact and stay away from your son’s father as a condition of your release related to an open criminal case, or there is a restraining order in place. If it is a condition of release, violating could lead to being placed into custody while the case is pending. If it is a restraining order, a violation of that order is a crime itself.
If the order is a condition of your release, you should bring this to the attention of your...
Q: Can county services with hold my child from me because I have two Warrents?
Jonathan Matthew Holson's answer
You don't provide enough facts to answer the question. I am assuming that there was some sort of evidence that was found when the police executed the warrant on your car. Merely having a search warrant on your car and being booked into jail would not be enough for social services to take your child from you.
You don't provide enough facts to answer the question. I am assuming that there was some sort of evidence that was found when the police executed the warrant on your car. Merely having a search warrant on your car and being booked into jail would not be enough for social services to take your child from you.
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