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Criminal Law Questions & Answers
Q: Getting car sales licensein md and have not yet been convicted of insurance fraud is it even worth trying
1 Answer
| Asked
in
Criminal Law and Appeals / Appellate Law
for
Maryland
on
Answered on Aug 14, 2018
Answered on Aug 14, 2018
Mark Oakley's answer
Are you asking this question because you do not have a lawyer? You need to have a private conversation with your lawyer about this. It is impossible to know what you’re facing or what you should do without knowing all the facts. Talk with your lawyer or hire one. An offense at 16 years old should be a sealed juvenile matter unless you were charged as an adult. If this is your first adult charge you may be eligible to avoid a conviction.
Are you asking this question because you do not have a lawyer? You need to have a private conversation with your lawyer about this. It is impossible to know what you’re facing or what you should do without knowing all the facts. Talk with your lawyer or hire one. An offense at 16 years old should be a sealed juvenile matter unless you were charged as an adult. If this is your first adult charge you may be eligible to avoid a conviction.
Q: If my ex contacts me first after she set a protection order what will happen. Will the case get dropped
Stewart Whaley's answer
No, the case will not get dropped because she contacted you.
Do not interact with her unless/until the order of protection is resolved (if there hasn't been a hearing) or until it expires, if it is already in place. Hard to tell exactly what the situation is by just reading the statement that was posted.
No, the case will not get dropped because she contacted you.
Do not interact with her unless/until the order of protection is resolved (if there hasn't been a hearing) or until it expires, if it is already in place. Hard to tell exactly what the situation is by just reading the statement that was posted.
Q: I have 2 bench warrents form columbus ohio fortraffic violations I'm due in Pittsburgh pa. court will they hold me
Cary B. Hall's answer
I don't believe so, no. I suggest you contact the arresting officer in Pennsylvania, however, and ask him or her if there are any detainers against you in Pennsylvania -- just to be sure.
Best of luck to you.
I don't believe so, no. I suggest you contact the arresting officer in Pennsylvania, however, and ask him or her if there are any detainers against you in Pennsylvania -- just to be sure.
Best of luck to you.
Q: I got a court supervision fine and a second court date, 08/21. I will be away in college that day. What are my options?
Theodore J. Harvatin's answer
You can ask the clerk to reschedule it. Depending on the county they may take care of it on the spot.
You can ask the clerk to reschedule it. Depending on the county they may take care of it on the spot.
Q: Is it a bad idea Write a Character Letter of Support to a Judge for someone that is in jail waiting their court date
Keegan Kelley Harroz's answer
NEVER send anything to a judge. If you want to write a character letter you should send it to the defense attorney.
NEVER send anything to a judge. If you want to write a character letter you should send it to the defense attorney.
Q: What are the requirements to have my conviction appealed in Washington State?
Stan Glisson's answer
Most important is there is generally a 30 day time limit from the date of sentencing to file notice of appeal. The court should have given you a sheet with appeal instructions, but if they didn't then call the court and ask the clerk. Or of course call the attorney who represented you in the case, or another attorney who practices criminal law and appeals.
Most important is there is generally a 30 day time limit from the date of sentencing to file notice of appeal. The court should have given you a sheet with appeal instructions, but if they didn't then call the court and ask the clerk. Or of course call the attorney who represented you in the case, or another attorney who practices criminal law and appeals.
Q: How can someone 'prove' self-defense when the person who assualted you lies saying they never hit me and filed charges?
Lucas Wynne's answer
It is the lawyer's decision, not the client's, in choosing which motions to make. If you want to prove facts of the case, trial is the place and time to do just that.
It is the lawyer's decision, not the client's, in choosing which motions to make. If you want to prove facts of the case, trial is the place and time to do just that.
Q: if I was arrested and the officer did not take any evidence from my vehicle they left it in there can I still be charged
Paul Looney's answer
Police make mistakes. It's your lucky day. The solution to your problem cannot be resolved by a lawyer's advice. Can you be arrested? Yes, you were. Will the case stick? That depends ... Good luck with your choice.
Police make mistakes. It's your lucky day. The solution to your problem cannot be resolved by a lawyer's advice. Can you be arrested? Yes, you were. Will the case stick? That depends ... Good luck with your choice.
Q: I recently paid my rent for it to be rejected even after I got a confirmation number and 5 days later...
1 Answer
| Asked
in
Consumer Law, Criminal Law, Real Estate Law and Landlord - Tenant
for
Texas
on
Answered on Aug 14, 2018
Answered on Aug 14, 2018
Paul Looney's answer
You have a fact dispute, whether you paid rent with NSF funds. Get your proof from your bank. Take the notice to the landlord and try to resolve the matter. The whole thing will end up in Justice Court if you cannot resolve it with the landlord. Yours is a question of "proof", not "law". Settle the facts on your side and this should go away.
You have a fact dispute, whether you paid rent with NSF funds. Get your proof from your bank. Take the notice to the landlord and try to resolve the matter. The whole thing will end up in Justice Court if you cannot resolve it with the landlord. Yours is a question of "proof", not "law". Settle the facts on your side and this should go away.
Q: If I do not go to jury summons in York county will I goto jail?
Cary B. Hall's answer
It's possible that York County could issue a warrant for your arrest and bring you before a Judge to determine why you didn't appear for jury duty. I see you're asking your question from Philadelphia, however -- it's unlikely that York County will send its sheriffs to Philadelphia to serve such a warrant upon you and arrest you.
If you now live in Philadelphia, change your driver's license address with PennDOT and you won't have to deal with York County any longer. You can also...
It's possible that York County could issue a warrant for your arrest and bring you before a Judge to determine why you didn't appear for jury duty. I see you're asking your question from Philadelphia, however -- it's unlikely that York County will send its sheriffs to Philadelphia to serve such a warrant upon you and arrest you.
If you now live in Philadelphia, change your driver's license address with PennDOT and you won't have to deal with York County any longer. You can also...
Q: I was arrested and the case was dismissed. I had it expunged. If asked if I was arrested or convicted can I say no?
Cary B. Hall's answer
Sure . . . but it's not true. You were arrested. Really, however, employers, etc. aren't supposed to ask about mere arrests, but that question is still commonly on job and other applications. If you've had your record expunged, it shouldn't come up on a background check (and the key word is *shouldn't*), so a negative answer would yield no contrary findings.
It's your call. But I'd suggest doing your own background check on yourself to see what comes up. If it's all clear, you...
Sure . . . but it's not true. You were arrested. Really, however, employers, etc. aren't supposed to ask about mere arrests, but that question is still commonly on job and other applications. If you've had your record expunged, it shouldn't come up on a background check (and the key word is *shouldn't*), so a negative answer would yield no contrary findings.
It's your call. But I'd suggest doing your own background check on yourself to see what comes up. If it's all clear, you...
Q: Can a judge in Mississippi raise someone bond without cause? They want tell us why? Nobody knows why?
Arthur Calderon's answer
That is highly unusual. With the new rules that are in effect, a judge cannot unilaterally raise a person's bond unless he makes specific findings on the record to justify that increase. To do otherwise may render the judge's actions unconstitutional, as the bail would be considered excessive.
That is highly unusual. With the new rules that are in effect, a judge cannot unilaterally raise a person's bond unless he makes specific findings on the record to justify that increase. To do otherwise may render the judge's actions unconstitutional, as the bail would be considered excessive.
Q: I was convicted in 2007 on a burglary of building and in 2016 for sale of control substance. Are either violent
Arthur Calderon's answer
The burglary of a dwelling is considered a violent crime, and therefore renders a person ineligible for early release per the probation and parole statute.
The burglary of a dwelling is considered a violent crime, and therefore renders a person ineligible for early release per the probation and parole statute.
Q: Why are Custodians of the Ms Dept. Of Corrections used to prove Habitual status of a defendant in a. bifurcated hearing
Arthur Calderon's answer
There's not really a bifurcated hearing for 83 purposes, as the relevant statute kicks in if the defendant has the requisite convictions in his or her background.
There's not really a bifurcated hearing for 83 purposes, as the relevant statute kicks in if the defendant has the requisite convictions in his or her background.
Q: Can I get a car sales license in Maryland with a fresh misdemeanor insurance fraud on my record
Mark Oakley's answer
There is a general morals and “good character” requirement for almost any license in MD, and usually no specific bar based on a particular conviction, and just because you have a past record is not an automatic bar to the license. However, theft and fraud convictions are among those that raise red flags as to honesty and good moral character, and the license board will view a recent event far more seriously than an old event where you can show rehabilitation and a track record of good...
There is a general morals and “good character” requirement for almost any license in MD, and usually no specific bar based on a particular conviction, and just because you have a past record is not an automatic bar to the license. However, theft and fraud convictions are among those that raise red flags as to honesty and good moral character, and the license board will view a recent event far more seriously than an old event where you can show rehabilitation and a track record of good...
Q: Can a l3 yr old be legally placed in an adult jail as they were arrested for an accidental shooting instead of juvi
Arthur Calderon's answer
It really depends. Typically, they should be housed in a juvenile detention center until such time as they are adjudicated to be an adult; however, when they are charged with a violent crime, circuit court jurisdiction may automatically kick in, thus allowing them to be placed in general population.
It really depends. Typically, they should be housed in a juvenile detention center until such time as they are adjudicated to be an adult; however, when they are charged with a violent crime, circuit court jurisdiction may automatically kick in, thus allowing them to be placed in general population.
Q: Can a court mandate anger management if a person has not gone through probation or had explicit orders from said court.
Dakota Martin's answer
Is there another magistrate hearing or date to go back?
I would politely contact the court (in person), and simply inquire about the anger management. They may just clear up the issue and solve your problem. Or they may tell you that the magistrate put notes in the file that your boyfriend has to complete some program. If that's the case DO IT.
The classes are easy and if the result is no criminal case, no criminal record, case dismissed. . . it's a win win.
Is there another magistrate hearing or date to go back?
I would politely contact the court (in person), and simply inquire about the anger management. They may just clear up the issue and solve your problem. Or they may tell you that the magistrate put notes in the file that your boyfriend has to complete some program. If that's the case DO IT.
The classes are easy and if the result is no criminal case, no criminal record, case dismissed. . . it's a win win.
Q: I have been charged with harassment and trespassing & want to know if the accuser would have to testify in court
Leon Matchin's answer
The property owner can testify about the trespassing but she would have to testify about the harassment. You should stop this behavior towards her immediately. Everything you said suggests that you are obsessed with her and you're lucky they didn't charge you with stalking which is a felony crime that carries serious prison time. If I were you I would forget this person and move on with your life because your only other course of action is to escalate this behavior which will land you in...
The property owner can testify about the trespassing but she would have to testify about the harassment. You should stop this behavior towards her immediately. Everything you said suggests that you are obsessed with her and you're lucky they didn't charge you with stalking which is a felony crime that carries serious prison time. If I were you I would forget this person and move on with your life because your only other course of action is to escalate this behavior which will land you in...
Q: Is it a crime to tamper with a camera surveillance system by disconnecting several cameras in order to not be recorded.
John Kenneth Joyner's answer
2nd degree criminal tampering is a class 2 misdemeanor in Colorado. The elements require a defendant:
- with intent,
- to cause injury, inconvenience, or annoyance to any person,
- tampered with property of another
So, if you call the police, they may find probable cause. However, you may be more concerned about what they were trying to hide by cutting the security feed. Good luck.
2nd degree criminal tampering is a class 2 misdemeanor in Colorado. The elements require a defendant:
- with intent,
- to cause injury, inconvenience, or annoyance to any person,
- tampered with property of another
So, if you call the police, they may find probable cause. However, you may be more concerned about what they were trying to hide by cutting the security feed. Good luck.
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