Criminal Law Questions & Answers

Q: What should I do?

1 Answer | Asked in Criminal Law, Personal Injury and Car Accidents for New York on
Answered on Nov 18, 2017

Burn a copy of the footage. Send it to the insurance company. If they don’t pay, sue them. Then forward a complaint to IAD that the cops falsified the report
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Q: My boyfriend is in jail because my cousin said he beat me but i never said that happened its her word against mine

1 Answer | Asked in Criminal Law for Massachusetts on
Answered on Nov 18, 2017

Were there any other witnesses? You can also testify that this never happened. Consult with an experienced criminal defense attorney.
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Q: Missed arraignment hearing will I be arrested

1 Answer | Asked in Criminal Law for Georgia on
Answered on Nov 18, 2017

It is very likely that a bench warrant was issued for your arrest for failure to appear.

Get a lawyer. For more info visit my website at www.LevinLawyerGa.com.
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Q: Can the police legally seize my belongings when arresting my boyfriend for a warrant?

1 Answer | Asked in Criminal Law for Florida on
Answered on Nov 18, 2017

Probably. The can seize the things in his possession when they arrest him, to determine if it contains a weapon or evidence. If you can later prove it's yours, and if it is not to be used as evidence against him, you should be able to get it back.
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Q: 2C:52-11B(1) charges amended question

1 Answer | Asked in Criminal Law and Traffic Tickets for New Jersey on
Answered on Nov 18, 2017

What you did and what you have been convicted of are two different questions and yes you may have shoplifted but the law will look at it as a conviction for loitering. That being said with an expungment the general public will not see anything from the date of the expungment except what may be online in public postings on the internet, newspapers, private databases etc.
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Q: If Hobb's Act Robbery is no longer a crime of violence does ones indictment with the charge still stand?

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Florida on
Answered on Nov 18, 2017

The Hobbs Act is a federal statute dealing with robbery or extortion affecting interstate commerce. It is codified as 18 U.S.C. § 1951. Normally, an amendment to a criminal statute doesn't affect pending prosecutions under that statute. Here is a link to the text of the Hobbs Act: https://www.law.cornell.edu/uscode/text/18/1951

It appears that the act hasn't been amended since 1994. He can ask his attorney, but it doesn't look to me that he has a viable argument that the...
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Q: I have joint custody. Ex is in jail. Can I send my child to live with family out of state?

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Florida on
Answered on Nov 18, 2017

I don't believe that would be a problem. Does the custody order (or time-sharing plan) indicate specifically that the child cannot be taken out-of-state?
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Q: Is it legal for me to submit an email conversation, that occurred between two other parties, in a request to produce?

2 Answers | Asked in Copyright, Criminal Law and Family Law for Oklahoma on
Answered on Nov 18, 2017

Show the documents to your attorney. After looking at what you have, they will be able to tell you if the emails are responsive to the discovery question.
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Q: How is the phrase "throwing incendiaries" used most in criminal law? Any object or just flammable/explosive ones?

1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Florida on
Answered on Nov 18, 2017

Florida Statute 790.161 provides that "....—A person who willfully and unlawfully makes, possesses, throws, projects, places, discharges, or attempts to make, possess, throw, project, place, or discharge any destructive device:

(1) Commits a felony of the third degree ..."

Florida Statute 790.001 Definitions; provides that

"—As used in this chapter, except where the context otherwise requires:

...

(4) “Destructive device” means any bomb,...
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Q: Question: Can you get in trouble for threatening to have relationships with a person's mother?

1 Answer | Asked in Personal Injury, Collections and Criminal Law for Florida on
Answered on Nov 18, 2017

Only if it was a credible threat of sexual battery (i.e.: rape). I don't see what you suggested he say was anything like that.
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Q: I have a workplace violence against me at work that happen in 2012/13 and they are investigating it 4/17 can I fight it

1 Answer | Asked in Employment Law and Criminal Law for New Jersey on
Answered on Nov 18, 2017

It depends who is investigating and for what. If your job is investigating it depends on their regulations. If law enforcement is investigating it depends on the charge. Simple Assault has a 1 year statute of limitations. Aggravated assault has a 5 year SOL.
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Q: 2C:52-11B(1) charges amended question. PLEASE ANSWER IF YOU CAN. THANK YOU!

3 Answers | Asked in Criminal Law, Federal Crimes and Employment Law for New Jersey on
Answered on Nov 18, 2017

2C:52-11 is in the expungement section. You were likely charged with 2C:20-11, shoplifting. The loitering is not a theft charge and as an ordinance is rarely seen on the CCH, the official record normally checked by employers, anyway. The problem is that the original charge is still on there and it is a theft offense. You can expunge the record two years after your sentence is over, on an ordinance normally when the fines are paid. But why did you plead to anything? The video would certainly...
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Q: Court documentation of suspended time

1 Answer | Asked in Criminal Law and Civil Rights for Virginia on
Answered on Nov 18, 2017

A sentence of 20 years with 18 years 10 months suspended means the active sentence (what the defendant must serve) is 1 year 2 months. A sentence of 20 years with 19 year 10 months suspended means the active sentence is 2 months. Of the active part, the defendant serves 85%. Whatever sentence order the judge signed is what the jail will follow. It may be that the defefendant’s attorney negotiated a sentence of “time served”. The defendant should speak to his attorney.
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Q: My brother assaultted me during this assault he killed my dog what can I do what can I take him to court for

1 Answer | Asked in Animal / Dog Law, Criminal Law, Personal Injury and Wrongful Death for California on
Answered on Nov 17, 2017

that sounds like an accidental death.

did the police come? they arrest him?

you can always make a late report but it does not have the same value as a call right after the incident
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Q: What can a Minor who is being charged for assault for fighting do to have the charge dropped/dismissed?

1 Answer | Asked in Criminal Law and Juvenile Law for California on
Answered on Nov 17, 2017

it will be a minor's record not adults.

you need an attorney for the minor to review facts to see if there is a defense.

you want a lawyer that has good connections with juv ct.........which court is it?

if i know lawyer's in that court i will try to refer you IF YOU ARE IN A POSITION TO HIRE A LAWYER
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Q: What will happen if charged with felony counts of robbery, burglary and criminal trespass and misdemeanor assualt count

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Nov 17, 2017

There is no meaningful way to answer this question. There are a lot of what could happen scenarios but no one can say for certain. When anyone is charged with criminal charges such as these they need the help of competent local counsel. That is because there are a lot of negotiations that can occur that can lead to significantly less charges. Additionally, if no negotiations are fruitful a trial may be needed. The average person, while constitutionally allowed to represent themselves, does not...
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Q: can a violent crime that happened 7 years ago be expunged if its a first and only offense?

1 Answer | Asked in Criminal Law for Virginia on
Answered on Nov 17, 2017

If you were convicted of the crime or you had a deferral that involved a plea of guilty, you would unfortunately not be eligible for expungement of the arrest. You must get the charge dismissed, nolle prosequi or be acquitted at trial to be eligible for expungement in Virginia. The requirements for expungement are strict in this state and convictions do not qualify under the statute.
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Q: Is it right for anyone take video or pictures of me and family ? And make funny things of me in snapchat.Thanks

1 Answer | Asked in Family Law, Public Benefits, Social Security and Criminal Law for Oklahoma on
Answered on Nov 17, 2017

It's OK to take your picture in public, and post it, as long as they didn't libel you.

Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.
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Q: just curious if a person with no prior felonies can go to prison on new charge that only exists if first one does

1 Answer | Asked in Criminal Law for California on
Answered on Nov 17, 2017

your question is difficult to understand.

on many cases not having a record gives you a good chance for probation and DA to not want custody or much custody.

but it depends on the facts.

not having a record but kidnapping someone or murdering someone is still going to be prison.
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Q: Hello, I have a legal question. Thank You

1 Answer | Asked in Copyright and Criminal Law for California on
Answered on Nov 17, 2017

keep all your documentation with the seller who claims it is legit.

that is a substantial savings but most things are marked up double anyway and they may be trying to unload things at their cost.

save this inquiry and documentation from the seller in case there is an issue.
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