Criminal Law Questions & Answers

Q: How does a person or group of people find help if they were victims of spiritual and emotional abuse by a non profit

1 Answer | Asked in Personal Injury and Criminal Law for Ohio on
Answered on May 3, 2016

It sounds like you already believe you were victims of abuse, the question is whether there is a viable lawsuit against this place, which makes the first questions (1) what type of abuse? (2) Any physical injuries? (3) How long ago? and (4) Does this place have any assets to take in a lawsuit?
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Q: I have consent to search residence I live at but title is not in my name. Is this valid?

1 Answer | Asked in Criminal Law for Ohio on
Answered on May 3, 2016

Huh? You have consent to search the residence? Why do you want to search the residence? I suppose sure. If I tell someone, go ahead, you can search my house, then they can search my house at least until I revoke that consent.

Are you really asking if you can give the police to search your husband's trailer which is in his name only?
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Q: My boyfriend got caught with 1 narcotic an car being unsafe how much time could he get ?

1 Answer | Asked in Criminal Law for Ohio on
Answered on May 3, 2016

What was the narcotic? What it is matters a lot. Also, he really ought to get an attorney.
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Q: what happens if the victim of a sex offense crime was not notified of a early judicial release hearing?

1 Answer | Asked in Criminal Law for Ohio on
Answered on May 3, 2016

Probably nothing. The statute does give the victim the right to notice, but the courts are only required to make reasonable efforts to notify the victim.
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Q: (FOR A BOOK PROJECT) what is the maximum sentence this person can serve?

1 Answer | Asked in Criminal Law for Florida on
Answered on May 3, 2016

First, you need to determine what crime or crimes Erik may have committed. This may depend upon some facts which you have not stated. For example, was Erik aware that Arther had a blackjack? Did he have cause to believe that, when told to " Hit 'em", Arther would use a blackjack?

Once you know the statutory elements of the crime(s) you are considering, you need to consider how all of the facts may apply so as to lead to a conviction. It is conceivable that this is a capital crime,...
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Q: If a person is sent to jail and then released, can they go back to jail at arraignment

1 Answer | Asked in Criminal Law for Ohio on
Answered on May 3, 2016

Yes, but it isn't particularly likely. As long as this person stays out of trouble and attends court as required, there is no reason for the court to revisit the issue of bond. If, however, this person gets into more trouble between release and arraignment, by lets say threatening a witness, then yes, the judge may order the person back to jail at the arraignment.
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Q: Can a police officer Threaten to or actually arrest a minor for going to a park when off school on an excused absence?

1 Answer | Asked in Criminal Law for Ohio on
Answered on May 3, 2016

Well, you weren't at the dentist, or on your way to the dentist, or on your back to school after the dentist...so you were cutting school.
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Q: I'm a victim of marriage fraud. what is the first step I need to take to report him? Should I call ICE or USCIS?

1 Answer | Asked in Criminal Law, Family Law and Immigration Law for North Carolina on
Answered on May 3, 2016

You need two lawyers, first would be an immigration lawyer to report and make sure he loses his permanent resident status (you would need a lot of proof to make this happen). Once that is done, you can use the same lawyer (most lawyers to family law too, you just have to pick the right one) and apply for a divorce. Start by contacting a few lawyers to see which one would suit the best. Many immigration attorneys including me offer free consultations, make use of the consultations.

All...
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Q: I filed a report for Family violence back at the end of October 2015. Can I pursue pressing charges now?

1 Answer | Asked in Family Law, Criminal Law and Domestic Violence for Georgia on
Answered on May 3, 2016

Is your October 2015 expired? If so and if it doesn't provide the relief that you seek now then, yes, you can file now.
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Q: Do I need a criminal lawyer to get a sentence modification?

1 Answer | Asked in Criminal Law for Georgia on
Answered on May 2, 2016

If you do not have a public defender, then you can contact the Atlanta Bar Referral Service for a Criminal Attorney in your area and that would be you best so that you don't go it alone in this situation: http://www.atlantabar.org/?lrishome
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Q: In the state of Georgia, it is lawful for a 16 year old and a 19 year old to have sex if it is contented by both?

1 Answer | Asked in Criminal Law for Georgia on
Answered on May 2, 2016

If you don't know how the law works, then you aren't old enough to have sex. Here is the link for the Atlanta Bar Referral and you can call and pay a small fee to talk to an attorney about the details of your situation and your parents may want to talk as well: http://www.atlantabar.org/?lrishome
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Q: how long before a case has to be thrown out in Georgia

1 Answer | Asked in Criminal Law for Georgia on
Answered on May 1, 2016

The court has 4 years to proceed on a misdemeanor and 6 years for a felony. Be sure you keep the court in touch as to your current address and that you comply with all conditions of the bond or you could end up with a bench warrant issued for your arrest if you miss a court date, etc.
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Q: Friend charged with eavesdropping. What are the consequences?

1 Answer | Asked in Criminal Law for Georgia on
Answered on May 1, 2016

Invasion of Privacy (Criminal and Civil), Eavesdropping, Violation of Company Policy, Visa taken away and deportation, and see also the following link for more possible charges both civil and criminal: https://www.lexisnexis.com/hottopics/gacode/
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Q: If someone has remote access to your computer and views financial records, are they subject to compensate the victim?

1 Answer | Asked in Criminal Law for Georgia on
Answered on May 1, 2016

You need to show proof that these things have happened. Just because you belief these things happened don't mean anything. You need solid proof and once you have proof, then you need to show how you have been damaged, once you can show those two things, then you have to have a positive identification of the person who has done this to you. Once you have all the pieces of the puzzle put together, then you need to take out a police report and see if they will have a warrant for this person's...
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Q: Friend charged with eavesdropping. What are the consequences?

1 Answer | Asked in Criminal Law and Immigration Law for Georgia on
Answered on May 1, 2016

He will lose his visa and be deported back to where he came from.
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Q: Can uncounseled prior convictions later be used for enhancement purposes?

1 Answer | Asked in Criminal Law for Georgia on
Answered on May 1, 2016

First, it have to be shown and PROVEN that he has IN FACT NOT waived his right to an attorney. If that can not be proven, then the priors can be used against him/her in later sentencing.
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Q: How many days in jail you do for Loitering or Prowling?

1 Answer | Asked in Criminal Law for Georgia on
Answered on May 1, 2016

Depends on your record ~ whether this is your first offense or not.

See the following for more detail: https://www.lexisnexis.com/hottopics/gacode/
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Q: What is the statue of limitations on burglary?

1 Answer | Asked in Criminal Law for Georgia on
Answered on May 1, 2016

Depends on if it is a felony or a misdemeanor. If what was stolen was $ 500 or less, then it's a misdemeanor and then it's 4 years; if it is over $ 500 then it's a felony and it is 6 years.
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Q: Is it possible to raise for the first time in your habeas corpus petition that you was not read your Miranda warnings

1 Answer | Asked in Criminal Law for Georgia on
Answered on May 1, 2016

You are probably too late to raise the miranda issue. Yes, you can bring up other issues that were denied. See the following to catch up on your reading: https://www.lexisnexis.com/hottopics/gacode/
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Q: Is a group that hosts a party where an underaged girl gets drunk and then goes and has sex liable for sexual assault?

1 Answer | Asked in Criminal Law for Georgia on
Answered on May 1, 2016

Possibly. Sure, see this website and you will have lots to look for in your case that you could be held liable for: https://www.lexisnexis.com/hottopics/gacode/
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