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Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: Can they arrest me on my court date for my charges w/o letting my witnesses speak at all? & do all trials have juries?

I served 2 weeks in jail on the day of my arrest for assault. My trial is coming up, will they just tell me how long im going to jail, or do I get to have my witnesses speak against my prosecutor to try and prove self defense? In ky

Timothy Denison
Timothy Denison answered on Sep 25, 2020

You can call any and as many witnesses as you like. The jury has to find you guilty first. If they believe your witnesses and your theory of self defense, you could be found not guilty.

1 Answer | Asked in Criminal Law for Arkansas on
Q: My question is can a guilty plea be overturned because the person felt that he was forced to take a guilty plea

My son was charged with third degree to sexual assault on his neice the attorney he had at the time they fired her my son has been in there 7 years now and my granddaughter which is his niece has told a new family member that her mother force her lie about her uncle that if she didn't her... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on Sep 25, 2020

Yes it is possible. It is best if you learned about this stuff after the plea, call attorney Michael Kaiser in Little Rock he does this kind of work.

1 Answer | Asked in Criminal Law for Missouri on
Q: a sheriff left a note on my door saying that they need to speak with me and they want me to call this #, do I have to?!

I just don’t really trust law enforcement very much

Specially in these days and times

Steve D. Hardin
Steve D. Hardin answered on Sep 25, 2020

You absolutely do not have to speak to them. You have the right to remain silent. If the police seek to speak to you might invoke your right to remain silent by saying the magic words. "I want a lawyer." Then shut up do not discuss anything as anything you say to them will be used against you.

1 Answer | Asked in Criminal Law for Georgia on
Q: I received an arraignment letter a year from when I knocked over my uncles mailbox he didn’t press charges. am I going

Am I going to jail

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 25, 2020

At an arraignment hearing, you will enter your guilty or not guilty plea. Whether or not your go to jail depends heavily on the facts of your case.

We wish you well.

-The Upshaw Law Firm, LLC.

3 Answers | Asked in Criminal Law for Minnesota on
Q: can someone be charged with a danco violation without an assault charge

my ex gf assaulted me back in march 2020 and was issued a danco. since then she has violated the order twice and has just been charged and found guilty of one violation of the danco but has not been charged with the assault yet or the other violation. so im just wondering how this all works. any... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 25, 2020

Of course. There does not need to an assault to charge out a DANCO violation.

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2 Answers | Asked in Criminal Law for Texas on
Q: Got arrested with a class a and b misdemeanor, it’s almost been two years. Is my case still open after two years ?
Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 24, 2020

A misdemeanor does not automatically close at the two-year mark, but if the prosecution has not already filed formal charges by that point they will be barred from doing so by the statute of limitations.

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1 Answer | Asked in Criminal Law for Alabama on
Q: What is the statute of limitations for 1st degree theft in Alabama?
Sheila Crumley Field
Sheila Crumley Field answered on Sep 24, 2020

It’s four years.

1 Answer | Asked in Criminal Law for Illinois on
Q: Can you be charged with conversion 6 months after incident happen
Juan Ooink
Juan Ooink answered on Sep 24, 2020

Yes, statute of limitation for most Misdemeanor offenses is 1.5 years and most Felonies is 3 years, so you can be charged any time within the statute of limitations. You need to hire a criminal defense attorney to assist you with this matter right away. The sooner you hire an attorney, the better.

1 Answer | Asked in Criminal Law, Civil Litigation and Collections for Florida on
Q: My mom received a phone call from a "private number" saying someone filed a complaint about me.

Last night 9/23/2020 around 4:30 p.m., some private number called my mom and asked for me, she told them I haven't lived there in 15 years and the lady on the other line said that someone filed a complaint about me or on me and that I needed to call an "888" number with a... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 24, 2020

That's not the way the civil court or the criminal court system works. Sounds like a scam or at least shady.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Defendant shot. State obtained a search warrant for ballistics. Search of car, found drugs in bucket in trunk.

Would appreciate some assistance (legal). If someone could reach out? MJC@CuellarLawFirm.com

James A. Abate
James A. Abate answered on Sep 24, 2020

You need to have a consultation with a criminal lawyer. These are serious charges.

2 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: My boyfriend has these charges (#1)2c:18-2a(1) (#2)2c-20-3a (#3)2c:-18-3b (#4)2c:-18-3b (#5) 2c:18-2a(1)

He is currently on probation, this will be his 3rd violation of probation. Is there any chance of him getting out ? If not, how many years is he facing?

James A. Abate
James A. Abate answered on Sep 24, 2020

Third violation of probation, by commission of Burglary will invite a motion to remand to county jail. But he is presumed not guilty. It may be possible to avoid going to jail until trial. But he will need an experienced attorney and their work is cut out for them. On just the burglary alone he... Read more »

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: Is it illegal for someone to do something if you said that you would commit suicide if they did it?

Someone threatened to send private 18+ photos to my parents and my university. I publicly tweeted that I would commit suicide if they did that. They saw my tweets and apologized and said they will not be sending anything. Then they did send private 18+ copyrighted photos to my university two weeks... Read more »

Lissa McKinney
Lissa McKinney answered on Sep 24, 2020

It is unclear their legal liability unless you actually did do as you promised- which you did not. Still their was a risk to lief, and many questions were left open by the Michelle Carter case a few years ago, re: encouraging suicide. the larger issue might depend on the content of the pictures,... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Alabama on
Q: Was being served papers at my home when answered the door the officer seen parafinalia

On table and found small amount of marijuana. I was arrested for misdemeanor parafinalia and misdemeanor possession. Can I get this dismissed?

Sheila Crumley Field
Sheila Crumley Field answered on Sep 24, 2020

It’s very possible. While this falls under the “plain view” exception to a warrantless search, many counties in Alabama have a PreTrial Diversion program that allows for the dismissal of the charges once you complete the program. I’d find a good criminal lawyer and ask them about filing out... Read more »

2 Answers | Asked in Criminal Law for California on
Q: What does an Amended minute order mean ?
Maurice Mandel II
Maurice Mandel II answered on Sep 23, 2020

It means the Court changed something in the Minute Order.

Justia disclaimers below, incorporated herein.

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1 Answer | Asked in Criminal Law for Texas on
Q: I have a friend who was arrested after being pulled over. He had a back pack with a gun and drugs in it.

I signed an affidavit stating the gun was mine. If I sign an affidavit stating the drugs are mine will I be charged

Ty Czapla
Ty Czapla answered on Sep 23, 2020

Absolutely you could

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: In Texas can a 21 year old have sex with a 17 year old?
Ty Czapla
Ty Czapla answered on Sep 23, 2020

Yes. 17 is the age of consent.

1 Answer | Asked in Criminal Law for California on
Q: How to stop a person from driving uninsured cars with expired tags from a person who has died?

My friend passed away, I am the named Executor, in probate court now. Next court date in Dec. A squatter who says he's been living in house of decedent, since 1/2019, is driving 2 cars, 1 with expired registration and no insurance is on cars. This person has not been living there at all.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 23, 2020

The taking of another's property without permission is theft. The police deal with this. You can call and ask for an officer to meet you at the property and with proof of your right to possession of the property as the executor, get the keys.

Justia disclaimers below, incorporated herein.

3 Answers | Asked in Criminal Law and Traffic Tickets for California on
Q: As a LEO, conducting traffic enforcement stop - does asking vehicle operator to roll down tinted windows Alter -

While conducting a traffic enforcement stop - the officer asks vehicle operator to roll down tinted windows (example: 0 percent tint). If that reveals contraband is that in plain view? - or does the action of rolling down windows alter?

Maurice Mandel II
Maurice Mandel II answered on Sep 23, 2020

Why is a LEO different from a GEMINI or a TAURUS? An officer has the right to ask you to step out of the vehicle and if opening the door would reveal the contraband you left in plain sight, it is probably not an infringement. You might need to establish that rolling down the window was not within... Read more »

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1 Answer | Asked in Criminal Law and Probate for Georgia on
Q: Can a probation case that was already closed be reopened and re evaluated by lawyers if it was mishandled in the past

I just want some advice because i was a first offender and i got put on probation for 30 years and have had to pay fees i cannot afford and never will be able to afford to a place that no longer exists. I was 17 at the time and the person who did the acts was 15 so they charged me instead. I would... Read more »

Robbie Levin
Robbie Levin answered on Sep 23, 2020

You can file a Motion to Terminate Probation. I would recommend talking to a lawyer to better evaluate your chances for early termination.

For more information visit my website at www.LevinLawyerGa.com

Robbie@LevinLawyerGa.com

3 Answers | Asked in Criminal Law for California on
Q: I need some legal athorities for illegal search and siezure
Wais Azami
Wais Azami answered on Sep 23, 2020

This is a very vague question. More facts are needed. It sounds like you have an academic question rather than a legal question. Without giving too much info online, be more specific. Otherwise, call a local criminal defense attorney for more specific response to your particular matter.

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