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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Louisiana on
Q: I was arrested for possession of cds sch2 with intent was incarcerated 10 months lost job home vehicle lost everything

The 2nd judicial appealed my case so it went to higher court and all 3 judges signed my favor

James L. Arrasmith
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answered on Jul 21, 2024

I'm really sorry to hear about your situation. Losing everything due to a wrongful arrest must have been incredibly difficult. It's a relief that the higher court ruled in your favor, but the damage done to your life is significant.

Given your circumstances, you may have grounds...
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1 Answer | Asked in Contracts, Criminal Law, Business Law and Landlord - Tenant for California on
Q: Can storage unit owner take my property without any notice?

I am renting a storage unit. It is one of 4 units in a secluded area i.e, not typical franchise self storage. Contract states it is only for storage. It also states items are not to be stored outside unit. Also states mediation before legal claims. I did leave things outside of the unit. The... View More

James L. Arrasmith
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answered on Jul 21, 2024

The storage unit owner should not take your property without proper notice, even if the contract states no items should be stored outside the unit. The manager’s voicemail was an informal warning, but it does not constitute legal notice for disposing of your property. You may argue that removing... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: When I was released from jail on probation the terms I was given stated that I was to be on probation until 08/20/2024

And that I was complete an IOP program. The IOP had no set date nor did the judge state that I had to have it completed bye a set date but he violated my probation even tho I had passed all drug screenings wasnt supposed to get off probation until 08/20/24. Documents simply said to complete IOP so... View More

James L. Arrasmith
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answered on Jul 21, 2024

It sounds like you were under the impression that as long as you completed the IOP program before your probation ended on 08/20/2024, you would be in compliance with the court's order. If the judge did not specify a completion date for the IOP program, your understanding seems reasonable.... View More

1 Answer | Asked in Criminal Law and Constitutional Law on
Q: Why do all attorneys have to fill out a Notice of Appearance in order to represent a client? Doesn’t having to fill this

out, make all attorneys foreign agents to the court system?

James L. Arrasmith
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answered on Jul 21, 2024

Attorneys fill out a Notice of Appearance to formally inform the court and other parties that they are representing a client in a legal matter. This notice ensures that all communications and legal documents are directed to the attorney, maintaining proper protocol and avoiding any confusion. It... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Appeals / Appellate Law for California on
Q: Can I sue for false imprisonment? My DUI case was dismissed in County Court, but I’m still being charged with by DMV

In Nov. 2023 I was wrongfully arrested for a DUI.

I was on my way to being dropped off at home after a night out with coworkers. Upon that travel, my co worker driving in front of us had been pulled over by CHP. (Mind you, my home was a block away from the restaurant).

Myself and... View More

James L. Arrasmith
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answered on Jul 20, 2024

In California, you can consider suing for false imprisonment if you believe you were wrongfully arrested and detained. In your case, if your DUI charge was dismissed in County Court, but the DMV is still pursuing action against you, there are specific legal avenues you can explore. It’s important... View More

1 Answer | Asked in Civil Litigation and Criminal Law for California on
Q: My x boyfriend/ mechanic was mad after we broke up he damaged my car and slash my tiers it's amonth n doesn't wantto pay
James L. Arrasmith
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answered on Jul 20, 2024

In California, you have the right to seek compensation if your ex-boyfriend damaged your car and slashed your tires. Since he is refusing to pay for the damages, you can file a police report to document the incident. This report can serve as crucial evidence if you decide to pursue legal action.... View More

1 Answer | Asked in Criminal Law and Immigration Law for Michigan on
Q: I am a non-US citizen with a bench warrant from Mass. If a court vacates my warrant, can I get through US customs?

A lawyer said they would file a motion to dismiss the warrant and set a new court date and that I had a very good chance of getting the warrant dismissed. Once the warrant was dismissed, could I fly into the US to attend my court date? Or do I risk being stopped by US customs and sent back to my... View More

James L. Arrasmith
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answered on Jul 20, 2024

If your warrant is vacated, it significantly improves your chances of entering the US. However, entry is not guaranteed. Even with the warrant dismissed, US customs can still conduct their own review and may take your past charges into consideration.

When traveling to the US, bring all...
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2 Answers | Asked in Criminal Law and Personal Injury for California on
Q: I was assaulted at work and have a fractured jaw. It was all caught on video. What can I do?
Gary K. Burger Jr
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answered on Jul 22, 2024

I'm so sorry to hear that you were attacked. That must have been a horrible experience. I hope you are recovering well.

Your first focus should be on getting the necessary medical care to minimize any permanent or long term effects and ensure you are able to recover to the fullest...
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2 Answers | Asked in Criminal Law and Personal Injury for California on
Q: I was assaulted at work and have a fractured jaw. It was all caught on video. What can I do?
James L. Arrasmith
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answered on Jul 20, 2024

First, seek medical attention immediately to ensure your health and document your injuries. Keep all medical records and expenses related to your treatment as they will be important for any legal action.

Next, report the assault to your employer and ensure they create an incident report....
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1 Answer | Asked in Criminal Law for California on
Q: For child molestation, if I turn myself in would the victim be involved

This happened in December 2023, he was a 5 year old foster child and he's no longer the in my family's home

James L. Arrasmith
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answered on Jul 20, 2024

Turning yourself in for a serious crime like child molestation is a significant step, and it will have legal consequences. The authorities will investigate the case thoroughly, and this may include speaking with the victim to gather all necessary information. Since the incident involved a minor,... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Personal Injury and Criminal Law for California on
Q: What kind of attorney do you recommend for my situation. What is the best action to take to proceed

In 2007 my husband and my sister-in-law had an affair. Heard what I was told by a mutual friend they would speak about him getting rid of me and her getting rid of my brother, and running off together and with all my family's money. There has been numerous people involved a lot of harassment... View More

James L. Arrasmith
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answered on Jul 20, 2024

Given the complexity and severity of your situation, it’s essential to seek legal help immediately. For the issues involving potential crimes, harassment, and threats to your safety, contacting a criminal defense attorney with experience in personal injury and civil rights cases would be a... View More

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1 Answer | Asked in Criminal Law and Legal Malpractice for Kentucky on
Q: my boyfriends paid lawyer advised him wrong about a plea agreement deal to get him to sign. What should he do

my boyfriends paid lawyer advised him wrong about a plea agreement deal to get him to sign (told him they wpuld drop the PFO1 if he took 10 years at 20 percent, which was not the case. It was 10 years without possible probation/parole and charges were also enhanced by the PF01, which was also not... View More

Mr. Robert Z. Cashman
Mr. Robert Z. Cashman
answered on Jul 18, 2024

This seems like a serious question, and I recommend speaking to an attorney licensed to practice in Kentucky ASAP (Legal aid could probably work as well). The reason for this is even though you asked about malpractice, there could be steps your boyfriend could take to withdraw his guilty plea... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: In michigan, is this considered assault on an officer?

A person flees from an officer. The officer pursues the person. During the pursuit (running after them) the officer trips and falls and injures his hand. In michigan, can the person who flees from the officer now be charged with assault on an officer even though they didn't physically touch them?

Brent T. Geers
Brent T. Geers
answered on Jul 18, 2024

Yes. The proper charge is "assault / resisting / obstructing" - physical contact is not required. Anytime to assault, resist, or obstruct a lawful order made in the performance of law enforcement duties, you can be criminally charged. Presumably, the chase occured contemporaneously or... View More

1 Answer | Asked in Civil Rights and Criminal Law for Oregon on
Q: Can I be charged for anything inside of my backpack if it was searched by my mom and given to the police?

I bought the backpack with my own money last year, and had no knowledge that she would be searching it. She just walked into my room, grabbed it, brought it into her own room, searched it, and shouted that she was going to call the police whenever she discovered that I had about 2 grams of weed in... View More

John Michael Frick
John Michael Frick
answered on Jul 16, 2024

Yes. If your mother discovered a bag of weed in your bag and reported that to police, police had grounds to legally search your bag.

1 Answer | Asked in Criminal Law for Texas on
Q: On what basis can an inmate object to a motion to withdraw from the attorney after an anders brief was file

The Anders Brief was filed on inmates appeal.

John Michael Frick
John Michael Frick
answered on Jul 16, 2024

The inmate would need to object to the failure of the attorney to comply with Rule 38 of the Texas Rules of Appellate Procedure, if applicable, and the the failure of the attorney to comply with the requirements of Anders v. California, if applicable.

1 Answer | Asked in Criminal Law for Texas on
Q: Why was a person who was released from prison after serving 2 years, Denied parole. Arrested for robbery, remain free?

Texas

John Michael Frick
John Michael Frick
answered on Jul 16, 2024

In most instances, a person accused of a crime is entitled to be released from jail pending trial upon posting reasonable bond and complying with the conditions of the bond. This right is guaranteed by the Texas Constitution.

1 Answer | Asked in Criminal Law for Michigan on
Q: What is the likely time to be served in jail for a telecommunication interference charge from 4 years ago.nobody injured

Court sent the letter requiring him to be in court for the charge, to the wrong address so he never knew about the charge or the warrant. They're holding him in jail with no bond.

Brent T. Geers
Brent T. Geers
answered on Jul 16, 2024

If he's never been arraigned, he should be soon, where the judge or magistrate will set a bond. If he had been arraigned, and simply missed a subsequent court hearing, then it's a matter of addressing it with the court through a bond motion.

I would not anticipate any great...
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1 Answer | Asked in Criminal Law for Arizona on
Q: How do I get heard in my case? There are important mitigating circumstances but my attorney isn't hearing me. Human smug

He hasn't given me his plea version. The plea packet from the Prosecutor was literally lies they wanted me to plead guilty to

John Michael Frick
John Michael Frick
answered on Jul 15, 2024

You can reject the plea deal and ask that your case be set for trial or you can reject the plea deal and ask for an open plea. An open plea is where you are not accepting the plea deal offered by the prosecution but want the judge to consider specific facts and circumstances in assessing your... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Michigan on
Q: I was assaulted by the same person I filed charges on a year ago but the city I attempted to file them in did nothing

As a result of The cities police department failure to follow up on my case, I was assaulted severely again yesterday by the same gentleman and the arresting city could not find anything in the system about the previous assault. Is the previous City liable in some way?

Brent T. Geers
Brent T. Geers
answered on Jul 15, 2024

I can't see how the city would be liable here. Whether this person was arrested previously for assaulting you would have no bearing on whether he did it now. Nor does the city or its police department incur a duty to provide enhanced protection for you against him. And regardless of the police... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: By law how many days they have to file a petition to see the vehicle for illegal drugs that's a driver had knowledge but
Anthony M. Avery
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answered on Jul 12, 2024

I think you mean seize. Forfeiture Warrant should be issued quickly. But if vehicle is considered evidence, then FW is not necessary. FW will require a Bond and DOS Hearing to recover. It is a civil administrative proceeding and you will need an attorney and money. It has nothing to do... View More

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