Criminal Law Questions & Answers

Q: Can an Ada testify at trial then handle the appeal case later?

1 Answer | Asked in Criminal Law for New York on May 19, 2015

Answered on May 23, 2015

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Julie Rendelman's answer
I think that would be a conflict of interest for the ADA to handle the appeal.

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Q: My husband was arrested on dv charge recently. He hurt me 4 months ago also

1 Answer | Asked in Criminal Law for Ohio on May 21, 2015

Answered on May 23, 2015

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Julie Rendelman's answer
You can certainly go to the police and file a report.

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Q: I filed a police report stating that boyfriend pushed me down the stairs. I didn't press charges but they want to file

1 Answer | Asked in Criminal Law for Texas on May 22, 2015

Answered on May 23, 2015

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Julie Rendelman's answer
You can try to speak to the DA's office but it is up to them whether to go forward with the charges. If your boyfriend actually pushed you down the stairs as you described, you need to really think about this relationship and your safety.

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Q: If perp found not guilty of charges pressed by the city,can victim appeal? If not can victim press same/similar charges?

1 Answer | Asked in Criminal Law for Pennsylvania on May 22, 2015

Answered on May 23, 2015

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Julie Rendelman's answer
If the individual was found not guilty, then he can't be charged again with the same crime.

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Q: If my mother lied and said i hit her when i didnt and my husband was there as my witness can i still go to jail

1 Answer | Asked in Criminal Law for Texas on May 22, 2015

Answered on May 23, 2015

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Julie Rendelman's answer
It is possible to go to jail. It would depend on your criminal history along with the seriousness of the injuries, along with other factors.

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Q: what is the least sentence likely

1 Answer | Asked in Criminal Law for Georgia on May 22, 2015

Answered on May 23, 2015

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Julie Rendelman's answer
There is no way to know without more details of the new charges.

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Q: my attorney never goes and speaks to my husband who is awaiting trial for over a year is this common

1 Answer | Asked in Criminal Law for Michigan on May 22, 2015

Answered on May 23, 2015

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Julie Rendelman's answer
Your husband has to feel comfortable with his attorney and know that he is fighting for him. If that is not the case, then he needs to find a new attorney or ask the court for a new attorney if he can't afford one.

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Q: My daughter bond is 75000 everyone telling me not to bond her out because it will hurt her in court

1 Answer | Asked in Criminal Law for North Carolina on May 22, 2015

Answered on May 23, 2015

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Julie Rendelman's answer
I would speak to your daughter's attorney. I'm not sure why bailing her out will hurt her case, but I certainly don't know all of the facts.

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Q: What is the shortest amount of time a person charged with first degree murder can be held before a bail hearing?

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

Answered on May 22, 2015

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Robert Jason De Groot's answer
Why do you ask this question? The person needs to get a criminal defense attorney. I suppose it would depend upon the amount of the bond. If the person gets a bonding company, the shortest amount of time might be a few hours. But that presupposes that there is even a bond set.

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Q: I found out 8 years after that mydaughters were abused and tortured . By caretaker we live in Florida can I charge

1 Answer | Asked in Criminal Law for Florida on May 20, 2015

Answered on May 21, 2015

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Robert Jason De Groot's answer
When you learn that a crime has been committed, you report the crime to the police. They investigate it and will bring charges if that is possible.

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Q: Is it legal to be nude in my own back yard? What if the back yard is visible to the neighbors?

1 Answer | Asked in Criminal Law for Rhode Island on May 4, 2015

Answered on May 20, 2015

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Neville Bedford's answer
It depends...

TITLE 11

Criminal Offenses

CHAPTER 11-45

Disorderly Conduct

SECTION 11-45-2

§ 11-45-2 Indecent exposure – Disorderly conduct. – (a) A person commits indecent exposure/disorderly conduct when for the purpose of sexual arousal, gratification or stimulation, such person intentionally, knowingly, or recklessly:

(1) Exposes his or her genitals to the view of another under circumstances in which his or her conduct is likely...

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Q: My ex is on st parole in pa cor a violent crime he pushed me down 4 stairs I didn't fall police told me to go to dj and

1 Answer | Asked in Criminal Law for Pennsylvania on May 14, 2015

Answered on May 20, 2015

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Mr. Ryan L Hyde's answer
What the officer is asking you to do is file a private criminal complaint. In this particular incident it is most likely because they did not believe they had sufficient probable cause to arrest him or were concerned you would fail to appear at any proceedings against your ex. A shove in Pennsylvania is harassment but it can also be an assault or recklessly endangering another person. More importantly if your ex and you have a violent history you should consider filing a PFA against him....

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Q: Besides driving when in PA do you have provide ID ? ie. Open carry stop

1 Answer | Asked in Criminal Law for Pennsylvania on May 16, 2015

Answered on May 20, 2015

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Mr. Ryan L Hyde's answer
An officer can stop you and ask you for identification any time they have reasonable suspicion of criminal conduct. If you look young or are on a college campus you should expect to be stopped. More importantly many college towns have open carry ordinances that the officer could cite you for. In these instances they are well within their rights to stop you and ask you for ID. Your best bet is not to argue with the officer but to let them have your ID and not answer any questions that might...

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Q: Is it illegal in the state of Pennsylvania to demonstrate sex toys to men?

1 Answer | Asked in Criminal Law for Pennsylvania on May 18, 2015

Answered on May 20, 2015

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Mr. Ryan L Hyde's answer
The problem with answering your question is that you do not give very much context. Any smart attorney will say it depends. In general the demonstration that you are speaking of, to adult and consenting males, would not be criminal. There are, however, a ton of ways for this to be illegal. I emphasize a ton of ways. If any of the males is under age a corruptiion charge would be appropriate. If a female is demonstrating prostitution charges could be charged. There are various other...

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Q: How long off a sentence will I be looking to face if I'm getting charged with assault 1 and disorderly conduct?

1 Answer | Asked in Criminal Law for Pennsylvania on May 16, 2015

Answered on May 20, 2015

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Mr. Ryan L Hyde's answer
You are most likely charged as a juvenile which means they can have you under their supervision until you turn 21. Depending on your criminal history you may be able to avoid an adjudication by entering into a diversionary program or an agreement with the Commonwealth where you meet certain conditions and they dismiss your charges after supervision. You and your parents should be consulting with a criminal defense attorney. They will be most familiar with how the court handles these types of...

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Q: Son is in Forest Prison. Has lawyer,but since he has been paid 1/2 of fee, he has not done, talked,or seen my son.

1 Answer | Asked in Criminal Law for Pennsylvania on May 19, 2015

Answered on May 20, 2015

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Mr. Ryan L Hyde's answer
I am not sure a Public Defender can ask. What would the question be? Is your son serving a sentence or awaiting trial. The best way to answer your question is to send a written letter to your sons attorney outlining your concerns. Most attorneys will not enter appearance until paid in full, and just because you have not heard from him does not mean is he not working on the case. Either call for an appointment or communicate in writing with the attorney. Good luck!

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Q: Can a cop make you raise your rigt hand and say the whole ruth nothing but the truth so help me god?

1 Answer | Asked in Criminal Law for Florida on May 19, 2015

Answered on May 20, 2015

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Robert Jason De Groot's answer
What are the facts? What you gave us is not enough for us to provide a solid opinion.

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Q: If you plea to a lesser charge, are you not guilty of the original? If so, where is that stated at?

1 Answer | Asked in Criminal Law for Missouri on May 18, 2015

Answered on May 19, 2015

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Julie Rendelman's answer
If an individual pleads to a lesser charge, then theoretically the top count is dismissed.

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