Criminal Law Questions & Answers

Q: Will my bf be released on his next court day on April? He was arrested on march 13 for LARCENY, SECOND DEGREE CF.

1 Answer | Asked in Criminal Law for Connecticut on
Answered on Mar 27, 2017

He needs to post bail. Feel free to contact me for a good local bail bondsman. This is a serious enough crime that it is a class C felony and not a misdemeanor. Its punishable by up to 10 years in Prison and/ or Fines of up to $10,000

He needs a lawyer . Please review the Connecticut Code - Sec. 53a-123. Larceny in the second degree: Class C felony.
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Q: If someone was sent to work release through the d.o.c and left while at work what are the charges ? Level 6 or level 5?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Mar 27, 2017

Escape charges as a level 5 would be the most likely charges, but depending on the facts it could be Failure to Return to Lawful Detention as a level 6.
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Q: A felony was placed on my record, 11 years ago. I had a career in insurance claims. Will I ever be bondable?

1 Answer | Asked in Criminal Law for Colorado on
Answered on Mar 27, 2017

You may be able to seal the record. All states allow criminal records to be sealed. Some states have special rules for specific crimes. If the conviction was in Colorado, the drug rules in Colorado changed prior to 2008 and again in 2011. If the conviction is 11 years ago, this places you in the prior to '08 rules. This means that only minor offenses and class 5/6 felonies that are NOT manufacture/sale are sealable.Here is the link: http://www.intotolegal.com/upcoming%20Events/Forms.html ....
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Q: Was assaulted by my boyfriend yesterday & I moved out of state can I still press charges against him?

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Mar 27, 2017

It's going to be hard for a police officer in Oklahoma to view your injuries.
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Q: My kids father gave me a black eye about three weeks ago I took pictures can I still file a dv report?

3 Answers | Asked in Criminal Law and Immigration Law for New York on
Answered on Mar 27, 2017

Yes, you should go to the nearest police station to file a Domestic Incident Report.
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Q: Are cops allowed to search someone's hotel room because of someone that was there who was on probation?

1 Answer | Asked in Criminal Law, Civil Rights and Identity Theft for California on
Answered on Mar 27, 2017

Usually a warrant would be required for non-consensual search of a 3rd party's home.

See: http://le.alcoda.org/publications/point_of_view/files/probation_searches.pdf.

See also: http://le.alcoda.org/publications/point_of_view/files/RAMEY.pdf, which says in relevant part:

" (1981) 451 U.S. 204, 205-6. ALSO SEE U.S. v. Litteral (9th Cir. 1990) 910 F.2d 547, 553 [“(U)nder Steagald, if the suspect is just

a guest of the third party, then the police must obtain a...
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Q: I would like to know the best updated recent recommendation in information regarding inmate laws and rights in Cali

1 Answer | Asked in Criminal Law for California on
Answered on Mar 27, 2017

That's a broad topic and question. See: https://www.aclusocal.org/en/issues/prisoners-rights

See: http://prisonlaw.com/

Contact them for literature. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following...
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Q: What happens if a teenager doesn't go to truancy court

1 Answer | Asked in Criminal Law for California on
Answered on Mar 27, 2017

See: https://oag.ca.gov/truancy/2013/ch6

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does...
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Q: Is an Elder of a church bound by California's mandatory reporting law for child abuse?

1 Answer | Asked in Criminal Law and Family Law for California on
Answered on Mar 27, 2017

See: https://www.childwelfare.gov/pubPDFs/clergymandated.pdf, page 5 says, in relevant part:

"California

Cal. Penal Code § 11166(d)

A clergy member who acquires knowledge or reasonable suspicion of child abuse during a penitential communication is not

required to make a report. For the purposes of this subdivision, 'penitential communication' means a communication intended

to be in confidence—including, but not limited to, a sacramental...
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Q: If you co-own a motorcycle can the other party keep it from you and then hide the motorcycle is it illegal?

1 Answer | Asked in Criminal Law for Colorado on
Answered on Mar 27, 2017

Repeat question. See prior answer.
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Q: Can you legally force someone to send back provocative pictures from prison that I took of myself?

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Answered on Mar 27, 2017

No, but be clear that you do not consent to the Ex sharing it with anyone else. There is a criminal offense named "Unlawful Disclosure or Promotion of Intimate Visual Material" that the Ex could be prosecuted under if it is distributed to others against your consent.
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Q: Can I have a 2003 Misdemeanor Class A Public Lewdness conviction expunged? I was never accused of such prior or since.

1 Answer | Asked in Criminal Law for Texas on
Answered on Mar 27, 2017

Convictions can not be expunged unless they are overturned on appeal or pardoned by the Governor of Texas. The window to start an appeal closes 30 days after the date of conviction so pardon is your only hope. You can download the application and instructions from the web site of the Texas Board of Pardons and Paroles. Look for the forms under the "Clemency" heading.
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Q: What is likely outcome for 3 No operator's license convictions, unsafe lane change, prior suspension?

1 Answer | Asked in Criminal Law and Traffic Tickets for North Carolina on
Answered on Mar 26, 2017

Generally, a charge of No Operators license means you are likely eligible for a license - you just don't have one. So your friend should look into getting a license and a traffic attorney and basically stop breaking the law. As it stands, if your friend continues on the same path and is convicted straight up she will likely at some point end up permanently revoked and eventually in jail. Judges don't like it when they and / or DMV say don't drive and you keep doing it anyway.
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Q: If your DNA does not match in a sexual assault case does the case have to be thrown out?

2 Answers | Asked in Criminal Law for Texas on
Answered on Mar 26, 2017

Not necessarily, but that is an extremely helpful piece of evidence.
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Q: How do I disprove the Defense's witness's claim?

1 Answer | Asked in Criminal Law for Texas on
Answered on Mar 26, 2017

Mock trial games are always made to seem hard at first but the possibilities really open up once you dig in. Since you are trying to disprove the defense witness's claim I'll assume you are the prosecutor.

The way I see it, the Waiter is the biggest problem for the prosecution. The Defendant has motive to lie to save himself. The Wife has motive to lie to save her husband. Unless there is an obvious lie in the materials for these two then no use keeping them on the stand any...
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Q: Can I legally travel from my parents house to an airport to my home?

1 Answer | Asked in Criminal Law and Civil Rights for New Jersey on
Answered on Mar 26, 2017

I would suggest never traveling with any weapon. Because even if the police find out that it is a fake or a dull blade they may still arrest you and you may end up in jail for a few days until the judge can make a decision.
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Q: Sachin is the managing director of a company. The company has not filed proper income tax for past 5 years.

1 Answer | Asked in Civil Litigation, Contracts and Criminal Law on
Answered on Mar 26, 2017

No. Employees are not at risk for liabilities of a corporation for which they work.
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Q: I am trying to find the laws, definitions of. Child abuse for the state of Georgia

1 Answer | Asked in Criminal Law for Georgia on
Answered on Mar 26, 2017

Reading over the statutes is like getting a FRAMEWORK of what is criminal conduct. Go here for that framework.

http://law.justia.com/codes/georgia/2010/title-19/chapter-15

To know how it APPLIES to your situation, you will likely need help from a criminal defense attorney.

William C. Head

Atlanta, GA
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Q: would it be punishable to kill a person you have already been punished for killing even if they were alive

1 Answer | Asked in Criminal Law for Florida on
Answered on Mar 26, 2017

In theory, the murderer could still be charged for the real murder.
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Q: Officer violated many rights, not guilty, denied jury trial, no attorney given, 14 years later can I take it to court?

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Municipal Law for Georgia on
Answered on Mar 26, 2017

I know of no law allowing any lawsuit 14 years later. The law in every state puts time limits on when litigation must be pursued, and you fit none of the exceptions to allow this out-of-time filing.

William C. Head

Atlanta, GA
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