Daniel P Leavitt Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2025

If you can try to line up a lawyer and a bonds person. Usually they give a bond on misdemeanors but when you miss court sometimes they issue a no bond capias so you may have to have a bond hearing and that can take 2-5 days, or longer if you don't have a lawyer. But it all starts with turning... View More

To compel further responses to discovery, the moving party must file the motion within 45 days (plus 5 additional calendar days if the responses were served by USPS) to file their motion. There is a meet and confer requirement that must be satisfied before the motion is filed. If your ex waited... View More

Best practice for a person with a Harassment Restraining Order prohibiting contact with anothe rperson would be to avoid contact, whether direct or indirect. In practice, such a person may end up in the same courtroom during or waiting for a court hearing, for example. And that would not be... View More

From what you indicate, the state attorney's office has agreed to reduce or dismiss the charges. The new court date is to present the plea agreement to the judge and, if the judge agrees, have him released.

The Sixth Amended applies both before and after 180 days. There is nothing magical about 180 days.

If you have been arrested and jailed for a felony, you must be indicted within 180 days or the State must release you on a personal recognizance bond.

You need to file a seperate Petition for Expungement for each case and file each one in the appropriate court. You can file them all on the same day so long as each one is eligible.

Yes, a PBJ for this charge will still disqualify you. Once you get your record expunged, you should be eligible but I have heard reports of a few people still having issues.

A background check for a gun purchase will show a PBJ disposition that has not yet been expunged, and a PBJ is still deemed a conviction under federal law (which governs your right to own a gun). However, the PBJ disposition and all other record of the offense will be removed from the nationwide... View More

Probable cause is determined by all of the facts and circumstances known to the police officer at the time of the arrest or search. The absence of a material witness can play a role in that determination if the circumstances known to the police officer indicate that another person witnessed the... View More

Probation would only be notified if you signed a release of information allowing Intoxalock to provide information to probation. You should make sure to read the entirety of the handbook that Intoxalock provides regarding what substances will cause a failure. It is unlikely that probation will... View More

No. It’s a traffic fine. Your insurance premiums will be incredibly high for the next several years.

The best thing to do is to talk with the person's criminal defense attorney to see how you can help and if posting bail is possible in the case, albeit do understand there is a very high probability that that person will be under a no-contact order, at least until after the trial. This means... View More

Under the Minnesota Rules of Criminal Procedure, the state may add new charges to a complaint if the case is in pretrial proceedings. Minn. R. Crim. P. 3.04, subd. 2. The state may also amend a complaint "at any time before verdict or finding if no additional or different offense is charged... View More

John Cucci Jr. Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 22, 2024

Once the judge says in open court, that you have completed your probation, and says your felony is dismissed, you can then have all of your civil disabilities returned.

I would get a certified copy of the dismissal, before I would get a gun.

I would also get my criminal charge... View More

False imprisonment in New Mexico is a serious crime because it is a felony. A case involving false imprisonment and battery often comes down to an analysis of how credible and consistent the alleged victim has been. The defendant will want to figure out if there are any defense witnesses available,... View More

Hello. I am sorry that you were neglected by your attorney. You deserve more communication and better service from a lawyer. The answer to your question certainly depends on the severity and seriousness of the charge in question. I have seen, for example, cases where the defendant would try to... View More

If someone alleges an assault, either to police or in family court for example, that could qualify as "trouble" for the person accused. If facing a criminal assault charge in court, the defendant can raise the defense of self-defense, if he or she has some evidence to support that... View More

John Cucci Jr. Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 18, 2024

There are two (2) rules for the timing of an indictment in TX.

Once you are arrested for a FELONY, the DA has 90 days to Indict you. If they don't Indict you within 90 days, you can get the court to release you on an ROR bond. That means $0 bond. Released on your own Reconnaissance.... View More

In Georgia, a 12 year old can not be punished for a crime. O.C.G.A. § 16-3-1 states: A person shall not be considered or found guilty of a crime unless he has attained the age of 13 years at the time of the act, omission, or negligence constituting the crime.

This statute allows for a... View More

This would be very fact dependent. Most importantly, was there a specific sign prohibiting Parking on the Grass?

I would take a look at O.C.G.A. § 40-6-203, because it lumps stopping, standing, and parking a vehicle into one category in subsection (a). This doesn't destroy your... View More