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Criminal Law Questions & Answers
Q: What is attempted theft?
Kiele Linroth Pace's answer
Attempted theft is pretty self-explanatory ... the defendant is accused of attempting to unlawfully appropriate property with intent to deprive the owner of property.
If you want to dive deeper than that, you'll need to study the definition of Theft in chapter 31 of the Texas Penal Code and then go to Chapter 15 for the specifics of Criminal Attempt.
Attempted theft is pretty self-explanatory ... the defendant is accused of attempting to unlawfully appropriate property with intent to deprive the owner of property.
If you want to dive deeper than that, you'll need to study the definition of Theft in chapter 31 of the Texas Penal Code and then go to Chapter 15 for the specifics of Criminal Attempt.
Q: i was pulled over for a traffic stop and the police obtained a search warrent to search my vehicle with no prob. cause
1 Answer
| Asked
in
Civil Rights, Constitutional Law and Criminal Law
for
California
on
Answered on Dec 18, 2018
Answered on Dec 18, 2018
Wais Azami's answer
Do you know what probable cause is and its standard? It's best to consult with an attorney.
Do you know what probable cause is and its standard? It's best to consult with an attorney.
Q: how much time is a battery charge for a 14 year old ?
Juan Ooink's answer
This is a great question to discuss with their attorney. That attorney will have all of the needed information in order to answer this question.
This is a great question to discuss with their attorney. That attorney will have all of the needed information in order to answer this question.
Q: Asking for help with a reversed conviction. Time in prison and parole complete.
1 Answer
| Asked
in
Criminal Law and Appeals / Appellate Law
for
Illinois
on
Answered on Dec 18, 2018
Answered on Dec 18, 2018
Juan Ooink's answer
Not really sure what you are asking here. It is likely you will have to speak directly with an attorney to determine what can be done regarding your conviction.
Not really sure what you are asking here. It is likely you will have to speak directly with an attorney to determine what can be done regarding your conviction.
Q: There is no time limit on appeal..its people's lives..please tell me this is the case
Kiele Linroth Pace's answer
Of course there are time limits on appeals! There are way too many deadlines to discuss here but the Texas Rules of Appellate Procedure is full of time limits for each step in the process. There are rules for how to calculate the deadlines and which days count and which don't. There are even rules for everything and anything related to appeals... even rules about what size FONT to use! See TRAP 9.4(e)
That said, there are some cases in which an "extraordinary remedy" is available,...
Of course there are time limits on appeals! There are way too many deadlines to discuss here but the Texas Rules of Appellate Procedure is full of time limits for each step in the process. There are rules for how to calculate the deadlines and which days count and which don't. There are even rules for everything and anything related to appeals... even rules about what size FONT to use! See TRAP 9.4(e)
That said, there are some cases in which an "extraordinary remedy" is available,...
Q: i would like to know if i have a case for false arrest and false imprisoment
Kiele Linroth Pace's answer
Maybe, but your focus should not be on Criminal Defense attorneys. Instead, you should consult with an attorney in your area that takes federal Section 1983 civil rights cases. A civil rights attorney will be in a better position to evaluate whether or not your circumstances are serious enough to overcome sovereign immunity.
For more information, research the federal law named: 42 U.S. Code, Section 1983
Maybe, but your focus should not be on Criminal Defense attorneys. Instead, you should consult with an attorney in your area that takes federal Section 1983 civil rights cases. A civil rights attorney will be in a better position to evaluate whether or not your circumstances are serious enough to overcome sovereign immunity.
For more information, research the federal law named: 42 U.S. Code, Section 1983
Q: How strong of a case do I have when charging for criminal trespass and property damage(possibly criminal mischief)?
1 Answer
| Asked
in
Criminal Law, Real Estate Law and Civil Litigation
for
Texas
on
Answered on Dec 18, 2018
Answered on Dec 18, 2018
Kiele Linroth Pace's answer
If the police file a criminal case, it won't be YOUR case. It will be State of Texas vs. Unemployed Neighbor and your role is basically that of a witness. The prosecutor has the duty to decide how to handle the case. The prosecutor is required to "consider" your input, but the ultimate decision belongs to the prosecutor.
Under the circumstances you describe, Criminal Trespass is a class B misdemeanor. The seriousness of an offense like Criminal Mischief depends on the cost to repair...
If the police file a criminal case, it won't be YOUR case. It will be State of Texas vs. Unemployed Neighbor and your role is basically that of a witness. The prosecutor has the duty to decide how to handle the case. The prosecutor is required to "consider" your input, but the ultimate decision belongs to the prosecutor.
Under the circumstances you describe, Criminal Trespass is a class B misdemeanor. The seriousness of an offense like Criminal Mischief depends on the cost to repair...
Q: Can a person that has press charges on someone and the state pick the case up file a motion for dismissal if its felony
Kiele Linroth Pace's answer
No. Only the prosecutor can dismiss a criminal case. The alleged victim can let the prosecutor know that they HOPE the case will be dismissed and/or that they don't want to testify in court.... but the decision about whether or not to dismiss belongs to the prosecutor, not the alleged victim.
No. Only the prosecutor can dismiss a criminal case. The alleged victim can let the prosecutor know that they HOPE the case will be dismissed and/or that they don't want to testify in court.... but the decision about whether or not to dismiss belongs to the prosecutor, not the alleged victim.
Q: Will I go to jail if I have unpaid traffic tickets and I want to file an assault?
Kiele Linroth Pace's answer
Maybe. Ignoring a traffic ticket can lead to a new Failure to Appear charge and an arrest warrant. A law enforcement officer may arrest person with an active warrant. However, as a matter of policy, some law enforcement agencies don't arrest on traffic warrants when a person is reporting a more serious crime.
Obviously, your safest path is to clear the warrant. Hire a local traffic ticket attorney if you are having anxiety about dealing with the tickets. Don't live in fear or...
Maybe. Ignoring a traffic ticket can lead to a new Failure to Appear charge and an arrest warrant. A law enforcement officer may arrest person with an active warrant. However, as a matter of policy, some law enforcement agencies don't arrest on traffic warrants when a person is reporting a more serious crime.
Obviously, your safest path is to clear the warrant. Hire a local traffic ticket attorney if you are having anxiety about dealing with the tickets. Don't live in fear or...
Q: I was pulled over for running a stop sign and got a DUI, but I was exiting a one-way road the wrong way so no stop sign
Bernard Crane's answer
Sounds like you were stopped for erratic driving, and that gave the officer reason to suspect you might be intoxicated. Driving the wrong way on a one-way street clearly gave the officer enough articulable suspicion to at least stop you. After that, the progression of the arrest is based on the officer's observations and your performance on any field sobriety tests.
You should hire a good lawyer right away.
Sounds like you were stopped for erratic driving, and that gave the officer reason to suspect you might be intoxicated. Driving the wrong way on a one-way street clearly gave the officer enough articulable suspicion to at least stop you. After that, the progression of the arrest is based on the officer's observations and your performance on any field sobriety tests.
You should hire a good lawyer right away.
Q: So is it illegal to try to be friends with a minor? And send pictures that are non sexual just face pictures?
Bernard Crane's answer
How old was the minor, and is the gender the same or different as yours? If we are talking about a 17 year old girl and you are a 19 year old guy, and there was nothing sexual and it was all above-board, you are probably OK. If this was a 12 year old boy or girl and you are over 20, you are probably not in a very good a situation. Either way, you should not have any further contact with the minor, OR with the parents. I wouldn't give them anything, or take their calls either.
How old was the minor, and is the gender the same or different as yours? If we are talking about a 17 year old girl and you are a 19 year old guy, and there was nothing sexual and it was all above-board, you are probably OK. If this was a 12 year old boy or girl and you are over 20, you are probably not in a very good a situation. Either way, you should not have any further contact with the minor, OR with the parents. I wouldn't give them anything, or take their calls either.
Q: If I transfer SSI to Florida but get violated on misdemeanor probation in Virginia afterwards will I still get SSI in Fl
Bernard Crane's answer
This is a benefits questions, not a criminal law question. Your SSI benefits will get cut off IF you are revoked and incarcerated. You don['t get cut off for having a criminal conviction or revocation. You get cut off if you are no longer on the street, and no longer need the benefits to survive. You can apply to have the benefits reinstated again after you are released.
This is a benefits questions, not a criminal law question. Your SSI benefits will get cut off IF you are revoked and incarcerated. You don['t get cut off for having a criminal conviction or revocation. You get cut off if you are no longer on the street, and no longer need the benefits to survive. You can apply to have the benefits reinstated again after you are released.
Q: Effects of a no contact order in California
Dale S. Gribow's answer
more info needed
you need to retain a lawyer in your area or hers to write a self-serving letter setting forth the facts..............maybe even contacting the police about what she is doing though it is best to have your lawyer do that so you do not say something that can bite you in the fanny latter.
are you in a position to hire a lawyer? if so, I will try to help you find one........................contact me dale@dalegribowlaw.com or 760 837 7500
more info needed
you need to retain a lawyer in your area or hers to write a self-serving letter setting forth the facts..............maybe even contacting the police about what she is doing though it is best to have your lawyer do that so you do not say something that can bite you in the fanny latter.
are you in a position to hire a lawyer? if so, I will try to help you find one........................contact me dale@dalegribowlaw.com or 760 837 7500
Q: Confession to f1 & F4 charges while under influence of drugs, can it be thrown out?
Matthew Williams' answer
Your husband needs to get a lawyer as soon as possible. Without knowing a whole bunch of other information, it is impossible to say whether the confession will get tossed or what other defenses he may have but the charges are quite serious.
Your husband needs to get a lawyer as soon as possible. Without knowing a whole bunch of other information, it is impossible to say whether the confession will get tossed or what other defenses he may have but the charges are quite serious.
Q: My brother was arrested in TN for possession of handgun while under the influence.(meth) He had a seizure during tornado
Anthony Marvin Avery's answer
This is a Class A Misdemeanor, which affects the Handgun Carry Permit and prevents purchase of weapons from a FFL. Hire a competent attorney to turn him in and attempt to work it out. He may be able to Divert it. Or prepare for a Preliminary Hearing, which will be a little complicated for the State.
This is a Class A Misdemeanor, which affects the Handgun Carry Permit and prevents purchase of weapons from a FFL. Hire a competent attorney to turn him in and attempt to work it out. He may be able to Divert it. Or prepare for a Preliminary Hearing, which will be a little complicated for the State.
Q: Police questioning me after OBN investigator questioned me
Dimitrios Makridis' answer
It is very difficult to answer your questions without knowing the specifics. You should retain a criminal defense and have a private discussion as soon as possible.
It is very difficult to answer your questions without knowing the specifics. You should retain a criminal defense and have a private discussion as soon as possible.
Q: Ohio open carry at 18
Dimitrios Makridis' answer
https://www.morningjournal.com/news/ohio/law-you-can-use-what-you-should-know-about-firearms/article_f3e5c81c-6a5d-57f7-8f6f-e73a86939807.html
https://www.morningjournal.com/news/ohio/law-you-can-use-what-you-should-know-about-firearms/article_f3e5c81c-6a5d-57f7-8f6f-e73a86939807.html
Q: Do they have to prove possssion, and discharge of firearm in louisiana to be charged with aggrivated assault of firearm?
Ellen Cronin Badeaux's answer
Justia's website is not a substitute for hiring a criminal attorney and developing a criminal defense.
Justia's website is not a substitute for hiring a criminal attorney and developing a criminal defense.
Q: Used a revoked license as an ID during a traffic stop. Passenger, not a driver. Charged with violation of tca 55-50-60.
Mr. Kent Thomas Jones Esq.'s answer
The possible consequences are: Class C misdemeanors: Not more than 30 days in jail and up to $50 fine. The best way to resolve is to consult with a local criminal defense attorney. If you cannot afford one, one will be appointed for you.
The possible consequences are: Class C misdemeanors: Not more than 30 days in jail and up to $50 fine. The best way to resolve is to consult with a local criminal defense attorney. If you cannot afford one, one will be appointed for you.
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