Criminal Law Questions & Answers

Q: Is it right for the probation officer is doing?

1 Answer | Asked in Criminal Law and Probate for Texas on
Answered on May 29, 2017

This question does not belong in the "probate" category as "probate" refers to the handling of a deceased person's estate and is not the same as probation. Please re-ask under the appropriate category.
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Q: Unseal false sexiallial abuse of a child

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Federal Crimes for Florida on
Answered on May 29, 2017

Please ask your question using a complete sentence. Apparently you are in Florida and you want to, for some reason, "unseal" documents relating to a false charge of sexual abuse of a child. Are these documents filed in Florida or in Texas? If it's the later, you would want to ask this question in Justia › Ask a Lawyer › Texas.
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Q: Was caught with three guns and 2 ounces of weed already a first offender on felony probation

1 Answer | Asked in Criminal Law for Georgia on
Answered on May 29, 2017

You already know that you are going to have two battles on your hands. Your existing case, where you are under Court oversight and will be called upon to answer for your conduct. This prior proceeding does not give you full legal rights, as you get for a criminal trial --- proof beyond a reasonable doubt. You will be brought to court soon on this charge. The U S Supreme Court in 1996 ruled that this was OK to do, even if the officer had other suspicions of wrongdoing. Whren v. United States....
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Q: What is a writ it of arrest.....and why would the bound be $2000.00

1 Answer | Asked in Criminal Law for Alabama on
Answered on May 29, 2017

A writ of arrest is a piece of paper authorizing the arrest of someone on what is usually a criminal charge. You don't state the nature of the charge, just that there exists a writ of arrest, so you have not provided enough information to permit an answer.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer. By answering your question I...
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Q: I am being charged with a misB when my husband hit me with an object and I hit him back, what do I need to do?

1 Answer | Asked in Criminal Law for Kansas on
Answered on May 29, 2017

The letter you were sent is likely a notice of a first appearance where you will be asked to enter a plea of guilty or not guilty. Depending on the plea, your case will move forward to either a sentencing/plea agreement hearing or you will proceed with the scheduling of a trial date and other relevant dates should you plead not guilty.

The point you are at in these proceedings is where most people wisely consult with and hire an attorney. If you cannot afford an attorney, the court may...
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Q: My friend's wife put him in jail for domestic violence.is his wife required to attend the court hearing?

2 Answers | Asked in Criminal Law and Domestic Violence for California on
Answered on May 28, 2017

Yes, his wife will have to attend the preliminary hearing if the case is filed as a felony and the trial if the case is filed as a misdemeanor. An experienced criminal defense attorney an evaluate his mental illness and how it might help mitigate

his situation.
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Q: What is a typical sentence for affray and battery in Georgia for a first time offender

1 Answer | Asked in Criminal Law for Georgia on
Answered on May 28, 2017

Too many variables. Usually we see assault and battery, not affray. The Court, the assigned judge, the defendant's prior criminal history, and the seriousness of the confrontation all have a bearing on a potential sentence.

Look for criminal defense attorneys near your court location, and then compare credentials. This link may assist you:

https://bubbahead.com/dui-lawyer/

WCH
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Q: I am trying to move in with my boyfriend. He is 17 and I am 18. Can my parents still sue him or something for it?

1 Answer | Asked in Criminal Law for Colorado on
Answered on May 28, 2017

You are still a minor at 17. While he is legally an adult - you are subject to your parent's control.

Your parents can contact the police (at least in Colorado) and he can be criminally charged with harboring a minor. Here is a link to an article about the law: https://www.denver-colorado-criminal-lawyer.com/confusing-colorado-criminal-laws-aiding-harboring-a-minor-child-18-6-601-and-violation-of-custody-orders-18-3-304
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Q: My car was parked on private property in a parking lot off the main road, some people were fishing on this man's propert

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Criminal Law for Georgia on
Answered on May 28, 2017

It does not seem that he is trying to extort anything from you. He simply was getting payback for you trespassing.

Do not talk to police without an attorney. The police can possibly charge you with drug possession, under a theory of constructive possession. But, if you TELL them is was your weed, they have a stronger case against you.

Even if it is a public defender, get a lawyer ASAP.
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Q: What if an adult knowing is hiding a teenager against the instructions of said minors parent?

1 Answer | Asked in Criminal Law and Juvenile Law for Georgia on
Answered on May 28, 2017

Almost certainly, yes. And, this can be a felony, depending on the circumstances.
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Q: Will a bond be available for a person who is arrested for a misdemeanor simple assault?

1 Answer | Asked in Criminal Law for Georgia on
Answered on May 28, 2017

Almost always, unless the person arrested is on probation, or is a clear threat to do more harm, or has a prior conviction history of similar physical altercations.
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Q: My friend works at 7 eleven stoled a lottery scratcher from a lady that one 1000 dollers what is the fine and penalty

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

This makes no sense to me. Who did what? Whose mother? What lady got the money? I'm totally confused. Say what?
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Q: If I become a confidential informant for a drug charge and I end up moving out the state will the gov. come after me?

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

Let me check my crystal ball, I'll get back to you.
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Q: Defendent was pulled over driving a rental vehicle loaned to his girlfriend by her brother-in-law. They were both in the

2 Answers | Asked in Criminal Law for California on
Answered on May 27, 2017

Don't talk to the police, ever. Ask for a lawyer immediately. When you consult with a lawyer, tell the truth.
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Q: Was this search illegal or legal?

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Answered on May 27, 2017

No simple answer exists to this question. Stopping a moving vehicle, for a felony takedown requires RELIABLE information that a crime has been committed or is in the process of being completed.

Something seems "fishy" about this question, such as missing information. Usually a "citizen" only gets involved in such deals if they are a SNITCH, trying to get their own crime or crimes mitigated by helping out the police.

The person needs to hire an attorney to file motions to compel...
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Q: Can I report a car stolen if the title is not in my name

1 Answer | Asked in Criminal Law for Georgia on
Answered on May 27, 2017

Yes, but you better KNOW that the car was stolen, and not loaned out to the person whom you are about to have arrested.
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Q: In criminal with one on probation what is the statues of limitation to bring charges against them in processing a case?

1 Answer | Asked in Criminal Law for Georgia on
Answered on May 27, 2017

Your question is not clear, but I will try to give you some information.

You are MIXING two different questions.

First, if a person is already on probation, and gets a new arrest, this person is subject to being SANCTIONED by the Judge in the prior case. This can mean jail time, etc.

Statutes of limitation are not controlled by whether a person is already on probation. These statutes only delineate how long after a crime has been completed, that the Prosecutor has to...
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Q: My boyfriend has been asked to talk a lie detector test due to our daughter making up a story about him touching her

1 Answer | Asked in Sexual Harassment and Criminal Law for Georgia on
Answered on May 27, 2017

This man should hire an attorney. A criminal defendant cannot use a polygraph (lie detector) to help get OUT of trouble, since the Georgia Legislature changed this important law over three decades ago. So, why would ANYONE trust a lie detector, to exonerate them?

I top criminal defense lawyer can guide the boyfriend to a PRIVATE polygraph operator, for taking a private polygraph. If he passes that, then MAYBE, so long as the private polygrapher gets to oversee the GBI or other...
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Q: Are brass knuckle belt buckles illegal

1 Answer | Asked in Criminal Law for Georgia on
Answered on May 27, 2017

Brass knuckles have been ruled to be a weapon, in several GA cases. Example: taking brass knuckles into a school. When in doubt, about anything that can be used as a weapon, don't take it.

If you do, hire an excellent criminal defense attorney.
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Q: Will He Go To Jail For Signing The Birth Certificate?

1 Answer | Asked in Family Law and Criminal Law for Illinois on
Answered on May 26, 2017

No one can predict what a State's Attorney might do.

They don't prosecute all cases.
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