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Criminal Law Questions & Answers
Q: Can my 16 year old be arrested for threatening to shoot someone in response to a threat made to her 9 year old sister?
Ali Ebrahimzadeh, Esq.'s answer
It depends on the specific facts of the interaction. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
It depends on the specific facts of the interaction. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
Q: CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE THIRD DEGREE
Ali Ebrahimzadeh, Esq.'s answer
It depends on the facts and your priors. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
It depends on the facts and your priors. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
Q: If a 16 year old is on probation for Pety larceny and just got a domestic assault charge by the state what be outcome
Ali Ebrahimzadeh, Esq.'s answer
That sounds like a probation violation. What does the probation order say about that? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
That sounds like a probation violation. What does the probation order say about that? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
Q: If a 16 year old talked sexually with an adult the 16 yo said she was an adult.Does any of them risk jail?
Ali Ebrahimzadeh, Esq.'s answer
Sexual conversations with a minor is a crime, and there may be a defense if she lied about her age and you had objectively good reason to believe her. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC...
Sexual conversations with a minor is a crime, and there may be a defense if she lied about her age and you had objectively good reason to believe her. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC...
Q: My daughter is in prison because of her lawyers incompetence and we would like to appeal this. How would we do this.
1 Answer
| Asked
in
Appeals / Appellate Law and Criminal Law
for
Michigan
on
Answered on Jul 26, 2017
Answered on Jul 26, 2017
Brent T. Geers' answer
This response may come too late for the poster's particular case, but may be informative for others.
What avenues of relief are available to a defendant, and applicable timelines, depend on whether the defendant entered a plea or was found guilty at trial. As you might imagine, appeal options are greatly limited in guilty plea cases. The first deadline, though, comes 42 days after sentencing in felony cases. Other relief may still be available, so it's wise to talk with experienced...
This response may come too late for the poster's particular case, but may be informative for others.
What avenues of relief are available to a defendant, and applicable timelines, depend on whether the defendant entered a plea or was found guilty at trial. As you might imagine, appeal options are greatly limited in guilty plea cases. The first deadline, though, comes 42 days after sentencing in felony cases. Other relief may still be available, so it's wise to talk with experienced...
Q: Due to drinking I only remember bits and pieces of the assault, can I be charged for not remembering everything?
Jason Powers' answer
You can be charged if someone has personal knowledge of the incident. This can be the person who hit you or some random dude on the street. Your memory will not matter much to law enforcement who are investigating it. Since you don't remember everything it would be a good idea for you not to speak to the cops. Invoke your right silence not don't answer any questions.
You can be charged if someone has personal knowledge of the incident. This can be the person who hit you or some random dude on the street. Your memory will not matter much to law enforcement who are investigating it. Since you don't remember everything it would be a good idea for you not to speak to the cops. Invoke your right silence not don't answer any questions.
Q: What can be done when a judge decides to make an example of a first time offender with no criminal history?
Jason Powers' answer
A judge is able to sentence someone to a "standard range" of time in custody. This range depends on the type of charge and a person's criminal history. Each case is different and it is up to the defense lawyer to show why your case is different, or not, and not be made into an example. If the judge sentences a person outside a standard range then it could be possible to appeal the sentence. The fact this judge gave a sentence to someone else in a different case is not usually persuasive.
A judge is able to sentence someone to a "standard range" of time in custody. This range depends on the type of charge and a person's criminal history. Each case is different and it is up to the defense lawyer to show why your case is different, or not, and not be made into an example. If the judge sentences a person outside a standard range then it could be possible to appeal the sentence. The fact this judge gave a sentence to someone else in a different case is not usually persuasive.
Q: Can a solicitor change your citation from disorderly conduct after hearing your side of the story to obstruction
William Head's answer
Being charged is not being not being convicted. Get a lawyer, and fight it. And, get a new roommate.
Being charged is not being not being convicted. Get a lawyer, and fight it. And, get a new roommate.
Q: Attacked and sustained injuries, how likely will a first time offender be arrested?(CT)
Max Lavit Rosenberg's answer
You should consult with a personal injury attorney as soon as possible if you have not done so already. Also you should discuss the criminal aspect with an attorney who would have experience in this as well to determine if you need to appear or speak with the victim's advocacy office. Feel free to contact me for more information. 203.870.6700
You should consult with a personal injury attorney as soon as possible if you have not done so already. Also you should discuss the criminal aspect with an attorney who would have experience in this as well to determine if you need to appear or speak with the victim's advocacy office. Feel free to contact me for more information. 203.870.6700
Q: Do I have to file an injunction. Feel like I'm being forced to do so.
1 Answer
| Asked
in
Criminal Law, Family Law, Personal Injury and Domestic Violence
for
Florida
on
Answered on Jul 26, 2017
Answered on Jul 26, 2017
Terrence H Thorgaard's answer
You wouldn't "file an injunction" in any event; you would file an application FOR an injunction, asking the court to issue such an injunction.
But I agree with you: I don't see any need for an injunction. Ask the case worker why she is insisting on an injunction.
You wouldn't "file an injunction" in any event; you would file an application FOR an injunction, asking the court to issue such an injunction.
But I agree with you: I don't see any need for an injunction. Ask the case worker why she is insisting on an injunction.
Q: ex wife committed mail fraud by opening and acting upon government issued mail to suspend ex husband license
1 Answer
| Asked
in
Criminal Law, Divorce and Traffic Tickets
for
North Carolina
on
Answered on Jul 26, 2017
Answered on Jul 26, 2017
Amanda Bowden Houser's answer
Let's see if I have this straight - you move, you don't bother to update your address with DVM or your license. You then get a ticket - which you proceed to forget about because of 'stress' (and keep in mind this would be forget about for months) and don't take care of. And some how this is your ex wife's fault because she opened mail that you should have put in a forwarding address for? (and if your forward time expired that just makes you not updating your address with DMV even more...
Let's see if I have this straight - you move, you don't bother to update your address with DVM or your license. You then get a ticket - which you proceed to forget about because of 'stress' (and keep in mind this would be forget about for months) and don't take care of. And some how this is your ex wife's fault because she opened mail that you should have put in a forwarding address for? (and if your forward time expired that just makes you not updating your address with DMV even more...
Q: My wife was charged with PC 243(e)(1), any chance of not being convicted/on her record?
William Mihrtad Paparian's answer
It's possible to avoid a conviction through a conditional plea whereby she would enter a plea of no context but sentencing would be put over for a year so she could complete 52 weeks of domestic violence counseling. It would be helpful to establish that there would be collateral consequences to a conviction that would impact her employability.
It's possible to avoid a conviction through a conditional plea whereby she would enter a plea of no context but sentencing would be put over for a year so she could complete 52 weeks of domestic violence counseling. It would be helpful to establish that there would be collateral consequences to a conviction that would impact her employability.
Q: Can a police officer charge you with aggravated assault and property damage 2nd degree if person say you didn't do it?
Robbie Levin's answer
A police officer will take into account all of the evidence. The statement of a witness would be part of the evidence, but an officer could still choose to arrest a person based on the totality of the circumstances.
If you are charged with these serious felonies, please contact a criminal defense attorney ASAP. For more information, visit my website at www.LevinLawyerGa.com
A police officer will take into account all of the evidence. The statement of a witness would be part of the evidence, but an officer could still choose to arrest a person based on the totality of the circumstances.
If you are charged with these serious felonies, please contact a criminal defense attorney ASAP. For more information, visit my website at www.LevinLawyerGa.com
Q: From what I've researched, the fine for driving with a suspended license is $1000. Is there a reason mine was 2700
Robbie Levin's answer
For a first offense, the maximum fine would be $1,000. For a second or third offense, the maximum fine would be $2,500. There would also be statutory surcharges added to the fine that could account for the amount reaching $2,700. It's also possible there were other charges to which you plead guilty.
For more information, visit my website at www.LevinLawyerGa.com
For a first offense, the maximum fine would be $1,000. For a second or third offense, the maximum fine would be $2,500. There would also be statutory surcharges added to the fine that could account for the amount reaching $2,700. It's also possible there were other charges to which you plead guilty.
For more information, visit my website at www.LevinLawyerGa.com
Q: Is 16-10-20, falsestatement and written acts a felony?
Robbie Levin's answer
OCGA 16-10-20 is a felony with 1 to 5 year sentence.
For more information visit my website at www.LevinLawyerGa.com
OCGA 16-10-20 is a felony with 1 to 5 year sentence.
For more information visit my website at www.LevinLawyerGa.com
Q: Under what law can Bouncer stop someone from entering a bar and can the bouncer use force to prevent them from entering
Ali Ebrahimzadeh, Esq.'s answer
Under the property right of exclusive use. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
Under the property right of exclusive use. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
Q: Does a photo lineup have to be 6 separate photos on 6 separate pages or can all six photos be on one page?
Ali Ebrahimzadeh, Esq.'s answer
They can be either, so long as they're not prejudicial. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
They can be either, so long as they're not prejudicial. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
Q: Former employer is being investigated by OSHA for potential criminal law do I have a right to legal council, who pays
Ali Ebrahimzadeh, Esq.'s answer
You'd pay for your own lawyer. Depending on whether any relevant legal statutes apply, you might be able to seek reimbursement for legal fees, but that is rare. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY,...
You'd pay for your own lawyer. Depending on whether any relevant legal statutes apply, you might be able to seek reimbursement for legal fees, but that is rare. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY,...
Q: Will I have a problem upon return to the US after traveling outside US?
Leonard R. Boyer's answer
The fact that you were originally charged with insurance fraud is a crime of moral turpitude and you can count on having a problem when you return to the US. There are 3 main consequences of insurance fraud for non-citizens, which include, deportation, denial of admissibility into the United States, and denial of citizenship. insurance fraud crimes are considered crimes of moral turpitude which is a “nebulous concept,” and one that “refers generally to conduct that shocks the public...
The fact that you were originally charged with insurance fraud is a crime of moral turpitude and you can count on having a problem when you return to the US. There are 3 main consequences of insurance fraud for non-citizens, which include, deportation, denial of admissibility into the United States, and denial of citizenship. insurance fraud crimes are considered crimes of moral turpitude which is a “nebulous concept,” and one that “refers generally to conduct that shocks the public...
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