Criminal Law Questions & Answers

Q: DA filed Burks notice about a past incident never reported to polic but there is one. Is that prosecution misconduct ?

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Answered on Jun 18, 2018
Keegan Kelley Harroz's answer
This is not prosecutorial misconduct.
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Q: I was charged with illegal discharge of a firearm within the city limits but there's no proof.

1 Answer | Asked in Criminal Law and Constitutional Law for Louisiana on
Answered on Jun 18, 2018
Ellen Cronin Badeaux's answer
Were your hands swabbed for gunpowder residue?
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Q: H1B stamping: Should I answer yes or no in DS-160 for have you ever been arrested or convicted of any offense or crime?

2 Answers | Asked in Criminal Law, Immigration Law and Traffic Tickets for Florida on
Answered on Jun 18, 2018
Hector E. Quiroga's answer
It is always best to be honest. These are not the types of violations that tend to keep people out of the US, but lying on an immigration form is. It is likely they will be disclosed as part of the criminal background check, yes.
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Q: At a restaurant where there was an altercation between a group of friends and security guard giving a parking ticket

1 Answer | Asked in Securities Law and Criminal Law for Illinois on
Answered on Jun 18, 2018
Juan Ooink's answer
Your friend needs to sit down with a Civil Attorney to find out if there is something here and they should do so right away.
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Q: Can I bar entry to my roommate’s boyfriend and friends ?

1 Answer | Asked in Criminal Law and Real Estate Law for California on
Answered on Jun 18, 2018
John T. Kontrabecki's answer
As a matter of real estate law, you have correctly assessed the situation. Your roommate has a legal right to enter the premises. He boy friend does not. If they do enter without permission they will commit a civil trespass. They may also commit a criminal trespass, especially if you tell them before hand that they are not welcome. Since one of your roommates was physically threatened, you may go to court and seek a restraining order baring the boyfriend from coming anywhere near the...
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Q: Can I call the police on my husband for unauthorized use of a vehicle?

1 Answer | Asked in Criminal Law for Ohio on
Answered on Jun 18, 2018
Matthew Williams' answer
Yes, you can report unauthorized use of a motor vehicle to the police.
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Q: I was charged with burglary 2 and a key was used to gain entrance. Would that charge remain the same

1 Answer | Asked in Criminal Law for South Carolina on
Answered on Jun 18, 2018
Stephen Grooms' answer
It doesn't matter if you have a key, the question is whether or not you had permission to enter and for what purpose. There are several different reasons this is a burglary 2nd as opposed to a burglary 3rd or burglary 1st. You should contact an attorney to discuss your case.
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Q: Police came to apartment after girlfriend called claiming i hit hee but i was not there when they arrived but 2 warrants

1 Answer | Asked in Criminal Law and Domestic Violence for North Dakota on
Answered on Jun 18, 2018
Nicholas Nelson's answer
With active warrants you want to retain an attorney as soon as possible. If you truly were not there, you certainly would have a chance of beating the charges.

Your options are to either 1) continue absconding and wait to be either arrested or summoned to court or 2) get an attorney, then turn yourself in and hopefully get released on bail pending your trial - then gather witnesses that can account for your whereabouts on the night in question.

***This is general legal...
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Q: Question about anonymous sexual interaction online.

1 Answer | Asked in Criminal Law and Federal Crimes for California on
Answered on Jun 18, 2018
Wais Azami's answer
Why play with fire?! Why not find other activities. Having said that, law which protect minors are usually strict liability and you can't say, "I didn't know." Some have defenses but why take the chance?
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Q: I was assaulted in the dark outside my apartment and did not see the attacker and accused my boyfriend after he found me

1 Answer | Asked in Criminal Law for Rhode Island on
Answered on Jun 18, 2018
Thomas Briody's answer
You need a meeting in private with an attorney. So does your boyfriend. Domestic violence cases have a high frequency of victims who recant their original statement to the police, and a prosecutor is not going to just dismiss the charge without some additional investigation. You are correct that there is a risk that you could be charged with making a false statement, but there is more to this. An attorney can help the both of you. Get in to see someone as soon as possible.
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Q: How can I find out my gravity score

1 Answer | Asked in Criminal Law and Juvenile Law for Pennsylvania on
Answered on Jun 18, 2018
Cary B. Hall's answer
Try here: https://www.pacode.com/secure/data/204/chapter303/s303.15.html.

Best of luck to you.
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Q: There’s a 9-10 year old who keeps assaulting my 6 year old can he be charged if I call the cops on him

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Jun 18, 2018
Cary B. Hall's answer
Yes, potentially a juvenile case could be opened on the older child.

If this is happening at school, however, contact school officials immediately. They'll, in turn, contact the older child's parents and try to get things resolved. The school can make a juvenile referral as well.

Hope the situation gets take care of ASAP. Best of luck to you.
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Q: Is it possible to see who or how many people have requested transcripts from a criminal case hearing?

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Jun 18, 2018
Cary B. Hall's answer
As far as I know, no. Although Pittsburgh (and Philadelphia, for that matter) is often its own country concerning how it does things!

My suggestion is to contact the court reporters office within the courthouse and ask your question there -- if anyone will know, it's the court reporters themselves. Best of luck to you.
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Q: Where is the criminal statute for practicing medicine without a license in Md What is the code number

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Legal Malpractice for Pennsylvania on
Answered on Jun 18, 2018
Cary B. Hall's answer
I can only answer as to Pennsylvania law. Title 18, section 4913 ("Impersonating a notary public or a holder of a professional or occupational license") is probably what you're looking for.

If you're looking for a similar statute in Maryland, I suggest posting your question in the Maryland law section. Best of luck to you.
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Q: is it a criminal offense to sit on railroad right of way in a atv (not driving)?

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Jun 18, 2018
Cary B. Hall's answer
You could probably be charged with "obstructing highways and other public passages," section 5507 of Title 18 (the Criminal Code). It's a summary offense -- unless a cop told you move and you didn't, then it's a third-degree misdemeanor.
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Q: Is it legal for police to lie to get a warrant? How do I get this brought to the courts attention? i can prove it

1 Answer | Asked in Criminal Law for Utah on
Answered on Jun 18, 2018
Mr Aric M Cramer Sr.'s answer
You can get a consultation with another lawyer if you wish, or ask your current attorney to explain to you why they feel it dosen't matter.
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Q: I live in pittsburgh pa. My ex sent me a 31 second explicit video of him having sex with someone and then threatened me

1 Answer | Asked in Criminal Law and Family Law for Pennsylvania on
Answered on Jun 18, 2018
Cary B. Hall's answer
If he threatened you in some way, you can report that to the police to have him criminally charged. If he threatened you with physical harm, you could also file a petition under the Protection from Abuse Act to keep him away from you and possibly even get a temporary custody order as part of that process.

I think getting a family law lawyer is a great idea -- that lawyer can go over all of your options with you, face-to-face, including child custody and support. Best of luck to you.
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Q: My grandparents are threatening to put a restraining order my boyfriend, but they dont have custody of me, I'm 16 hes 17

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Pennsylvania on
Answered on Jun 18, 2018
Cary B. Hall's answer
Sounds like a rough situation you're in - sorry to hear it. The only "restraining order" your grandparents might be able to obtain against your boyfriend is a Protection from Abuse Order, with them filing on your behalf (since you're a minor). They'd have to swear under oath, however, that abuse took place -- and if they provide false information, they'd be committing perjury, which is a felony in Pennsylvania.

Best advice to you -- and this is non-legal -- might be to keep your...
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Q: My stepson’s mother gave him some of her adderall prescription to take. He doesn’t have any rx’s prescribed to him.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Massachusetts on
Answered on Jun 18, 2018
Lillian J. LaRosa's answer
Yes, you can contact the police, but if your spouse has joint legal custody he can contact the pediatrician to make sure that the child does not have a prescription for this medication. The pediatrician would also be mandated to contact the DCF if there is suspected abuse or neglect of the child.
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Q: Need attorney for my brother that's been in prison for 10 yrs on armed robbery. He was sentenced to 20 yrs.

1 Answer | Asked in Criminal Law for Mississippi on
Answered on Jun 18, 2018
Arthur Calderon's answer
I'd be curious to know the court's logic in denying him a retained attorney. Typically, a court will only do that if there has been multiple continuances granted in a case. I'd also be curious to know the level of evidence that there was to justify your brother entering an open plea.

The laws in Mississippi say that anyone convicted for a crime of violence is not eligible for any sort of earned time, early release, etc. That being said, if there is additional evidence discovered after...
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