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Your current state is Virginia
I was arrested by CPS and had my son removed from my home in Los Angeles County on March 20, 2025, with no allegations of abuse from my side, only my criminal record. My child's mother, who is currently incarcerated and has a history of substance addiction, had her other children removed from... View More 
answered on Apr 21, 2025
Under California Welfare and Institutions Code § 300, CPS may remove a child only if there is clear evidence of substantial risk of harm. Removal based solely on your criminal record, without specific allegations of abuse or neglect, may not satisfy this standard unless CPS demonstrates a current... View More
I was charged with battery and obstruction after police officers entered my disabled mother's home to execute an arrest warrant for me, a guest there. I asked to see the warrant before opening the door, believing I had the right to do so. Without showing the warrant, they entered forcefully... View More
answered on Apr 21, 2025
Under California Penal Code § 844, officers executing an arrest warrant must comply with “knock-notice” requirements, which include announcing their presence, identifying themselves as police, and stating their purpose before entering a home. These requirements protect privacy, prevent... View More
I was arrested by Texas DPS on July 5, 2021, for failure to register annually, though I had registered over the phone with the Willacy County Sheriff's Office. Despite this, they claimed no record of my registration. During my two and a half years of incarceration, without due process or bond... View More
answered on Apr 21, 2025
You need to hire an attorney like F. Lee Merritt who has a lot of experience in civil rights cases against law enforcement. Most attorneys do not handle this type of case due to the very low probability of success and the limited damages available.
You may have a claim for compensation... View More
I got married in September 2024, and my husband is undocumented. We agreed that I would sponsor him for his green card, but after two months of our marriage, he stopped financial support. I am unable to work due to a mental disability, and I require financial assistance for my needs and... View More
answered on Apr 21, 2025
You may have a strong legal basis to recover the jewelry, valued at over 70 grams of 21k gold, taken by your spouse without permission. If the jewelry is your separate property (e.g., acquired before the marriage or as a gift), you retain exclusive ownership under California Family Code § 770. If... View More
I was born in 1971 and experienced mental and physical abuse until age 18. I didn't understand at the time that certain actions were legally considered abuse. I'm now considering civil and criminal claims in Georgia, potentially including compensation through property claims. What is the... View More
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answered on Apr 20, 2025
Unfortunately because these crimes occurred before 1992, the statute of limitations has probably lapsed for doing anything criminally or civilly long ago. However, these kind of cases are legally complex, and specific circumstances can alter the calculation; you would really need to speak with an... View More
I want to know if I can sue someone for assaulting my girlfriend. A week ago, at the office, he threw a can of Zen dip at her face, hitting her in the eye socket. No medical treatment was needed. There are four witnesses to the incident, and he admitted to it on camera when he later apologized to... View More
answered on Apr 19, 2025
You probably cannot. How were you, personally, injured? Did you fear for your own safety?
Your girlfriend could call the police and they might issue a citation or arrest the assailant for assault. She also could possibly sue the assailant. But it may be hard to find a lawyer to take the... View More
I've been receiving numerous verbal threats from my neighbor, who has repeatedly threatened to knock out my teeth and lights. My roommate has witnessed these threats on several occasions, and there have been about a dozen incidents overall. I am trying to find information about the legal... View More
answered on Apr 18, 2025
MD Code, Criminal Law, § 3-803. Harassment.
Prohibited
(a) A person may not follow another in or about a public place or maliciously engage in a course of conduct that alarms or seriously annoys the other:
(1) with the intent to harass, alarm, or annoy the other;... View More
I received a citation for criminal damage after I broke a window at a convenience store using a rock. The estimated repair cost ranges from $250 to $1,000. I haven't spoken further with the store owner or employees, nor have I made any restitution yet. I'm scheduled to appear in court... View More
answered on Apr 18, 2025
If you have been charged with Criminal Damage as a class 1 misdemeanor, you could face up to six months in jail, 3 years probation, or 4500 fine.
Depending on the facts and your prior criminal history, yes you could get some jail. Usually, on criminal damage cases if you plead guilty and... View More
My adult son was involved in a serious accident, and he was the only one injured. When I visited the hospital, I was told he was in custody and I couldn't see him or get updates. The police don't have him booked, and it's been a week without any information. The hospital said his... View More
answered on Apr 18, 2025
First, you should submit a formal written request to the hospital for information about your son’s condition and status. Under California Health and Safety Code § 4717, hospitals are obligated to attempt contact with a patient’s next of kin or designated representative within 24 hours if the... View More
He always has had bail before so why not now??
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answered on Apr 18, 2025
There are a few reasons, he could be held with no bail: (1) If he is serving a sentencing there would be no bail, or (2) If he was previously on bail before the new charge, the State could have filed a motion to revoke bail and the Court can be holding him with no bail pending a motion to revoke or... View More
I am facing charges under Penal Code 532a in California, and I have discovered multiple inaccuracies in the police report provided by my public defender. These inaccuracies involve lies that could be crucial in deeming the case as fraud or criminal. I am seeking to have the charges dismissed due to... View More
answered on Apr 18, 2025
To effectively challenge the inaccuracies in the police report and strengthen your defense against charges under Penal Code Section 532a, which pertains to false financial statements, you should consider the following steps. First, collaborate closely with your public defender or a private attorney... View More
I am experiencing harassment from the Riverside County Sheriff's Department and have nine open criminal matters, primarily involving drug possession. On March 18, while on my way to court, they prevented me from attending and entered a Failure to Appear in the system before I had missed the... View More
answered on Apr 18, 2025
To pursue a lawsuit against the Riverside County Sheriff's Department, you must first identify actionable claims. For harassment, you may have grounds for a civil rights claim under 42 U.S.C. Section 1983, alleging violations of your constitutional rights, such as the Fourth Amendment’s... View More
I was charged with domestic battery 9 years ago due to a neighbor's complaint. The case resulted in a "NO FILE" disposition with a "NOT GUILTY" plea, and no restraining orders were issued. My spouse and I are still happily married after 12+ years and recently bought our... View More
answered on Apr 17, 2025
Given the age of the alleged crime and given that U.S. Citizenship & Immigration Services will be focusing on the past 5 years (or 3 years if basing your case on marriage & cohabitation with your U.S. Citizen spouse) for evaluating good moral character, you should be ok if that is your only... View More
answered on Apr 17, 2025
In California, a Marsden motion allows you to request the replacement of your court-appointed counsel if you can demonstrate inadequate representation or an irreconcilable conflict that undermines effective representation (People v. Armijo, 10 Cal. App. 5th 1171; People v. Johnson, 6 Cal. 5th 541).... View More
My fiancé and I got into a verbal disagreement. Her mother threatened me with a gun and pulled a knife. I grabbed a knife, scraped them together, and threw them down. Now I’m charged with two counts of aggravated assault, despite not threatening or advancing. There were no witnesses, just us... View More
answered on Apr 17, 2025
Yes. Regardless of what you did with the knives, they will be considered a deadly weapon. There is nothing that can stop the State from charging you with asault. The lack of witnesses can work both ways. Essentially, it is a "he said, she said" situation.
I think that your... View More
I was asleep in my room when my house, which I share with other people on the lease, was raided by the police. A gun was found wrapped in a blanket in the living room where others were also sleeping. Despite no fingerprints linking me to the gun and other residents being present, I'm being... View More
answered on Apr 15, 2025
Under California law, specifically Penal Code Section 29800, a felon in possession of a firearm charge can be supported by the concept of constructive possession. This means the prosecution does not need to prove you physically held the firearm but rather that you had knowledge of its presence and... View More
I was arrested for violating 10851 VC in July 2020 after being flagged by a freeway license plate scanner for driving a stolen vehicle. At my court appearance that same year, no charges were filed. However, in November 2020, charges were filed and now there is a warrant for my arrest. I unknowingly... View More
answered on Apr 15, 2025
Your first step should be to contact the court where the charges were filed to confirm the warrant’s status and request a voluntary appearance. This proactive approach can demonstrate good faith and may prevent an unexpected arrest, especially given that you never received official notice of the... View More
I was convicted of assault with a device resembling a weapon in Rhode Island in 2014. I have completed all terms of my sentence and have had no legal issues or convictions since then. How can I get my gun rights restored?
answered on Apr 15, 2025
The answer to your question is complicated and uncertain.
In Rhode Island, whether a resident with an expunged felony conviction can legally possess a firearm depends on both state and federal law, as well as the specifics of the expungement.
Rhode Island State Law
•... View More
I'm involved in a DUI case where my public defender believes there is evidence in my favor. My sister testified that she overheard me saying I wasn't driving before my arrest, and the public defender wants to put her on the stand, possibly against my wishes. The defense attorney, district... View More
answered on Apr 15, 2025
In California, a mistrial may be declared when a fair trial is compromised or legal necessity arises, such as a hung jury or significant procedural error (People v. Dunn, 205 Cal. App. 4th 1086; People v. Kocontes, 86 Cal. App. 5th 787). However, consenting to a continuance, as occurred in your... View More
In July 2020, I was arrested for unknowingly purchasing a stolen car (10851 VC). A warrant was issued in November 2020, but I never received any notice about it. When I went to court in July, no charges were filed against me. I have confirmed that the warrant is still active, but due to financial... View More
answered on Apr 15, 2025
First, I recommend contacting the court that issued the warrant or the relevant law enforcement agency to confirm its status and gather details about the process for resolution. This step is critical to prevent an unexpected arrest and to clarify why the warrant remains active, particularly since... View More
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