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1 Answer | Asked in Criminal Law for Mississippi on
Q: I have been told by two different lawyers, today, that hindering prosecution is a felony in Mississippi,

and is not eligible for expungement. This clearly says it's a misdemeanor. I'm very confused. Can you tell me which it is?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 29, 2021

Hindering prosecution is a felony in Mississippi; however, it is not one of the listed felonies ineligible for expunction once certain elements have been met. You must have paid all fines, assessments, and restitution ordered. You must have served all of the time ordered. Five years must have... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Can probation and parole conduct a home visit and conduct a search of a parolees home if the parolee is not there?

I moved in with my sister in law a few months ago to help out. She is on parole and in May 2021 probation and parole showed up to do a home visit,she was arrested that day.She bonded out and In July I was outside with my puppy and my sister in law was not at home. A mini van pulled up and a man got... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 29, 2021

If your sister-in-law is on parole and resides there, then as a condition of her parole, a parole agent can search the residence. People on parole do not have the same constitutional rights against searches and seizures.

1 Answer | Asked in Family Law and Criminal Law for Georgia on
Q: Can a defendant’s testimony be null and void if the defendant is under guardianship due to actions before court

I recently testified in court for a restraining order on late July and got the order extended due to admitting guilt. The guardianship was recommended by the police to my mother on early May due to many encounters with them. My parents are now planning to file guardianship over me and my question... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jul 29, 2021

There are too many moving parts to your question which prevents us from providing a satisfactory response for you. It sounds like you will need to speak with a criminal defense attorney or just wait and see what your situation is after the guardianship question has been decided.

1 Answer | Asked in Criminal Law, Traffic Tickets and Car Accidents for North Carolina on
Q: I was issued a hit and run citation. I didn’t realize I hit the other vehicle in a parking lot. What should I do next?

I am prepared to repair the damage but I really had no idea it made contact. I knew I was close but didn’t tell or hear any contact. My car had a light scratch only. The other has a plastic 1/4 panel that will need to be painted and dent removed. I have no criminal or traffic infractions on my... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 29, 2021

Only a North Carolina attorney could advise here, but your question remains open for three weeks. If you haven't already done so at this point, you could reach out to local attorneys to discuss handling of the matter (while at the same time looking into arrangements to cover the property... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: During my traffic stop a controlled substance was discovered. I was arrested for possession of 1<4g, suspended licenses.

My truck was impounded. then I was told they seized and plan to dispose of it and all contents - said they were contriband. Is that legal to take my only means of transportation. I have an SR22 & Im in process of obtaining my occupational license

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 29, 2021

This is technically not a criminal law question because it is filed in civil court. There is a ton of information available online so do an internet search for "Texas civil asset forfeiture" to get the scoop.

1 Answer | Asked in Criminal Law for Maryland on
Q: If you have a bench warrant will you for failure to appear in court..

If you have a bench warrant / warrant / warrant for failure to appear in court.. and you sign up for a public defender at the district court commissioners office what do you do if the police come to arrest you or can they. do you gave them a copy of the commission's document regarding the... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Jul 28, 2021

If there is a warrant for your arrest, I do not think that your application for the public defender will make any difference to arresting officers. If the PD obtains an order recalling the warrant for you, you should keep a copy of that order, and show that to any arresting officers.

1 Answer | Asked in Criminal Law for Florida on
Q: Can i get a ccw with a possession of fire arm case open to beat the case
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 28, 2021

No, if you are being charged with carrying a concealed firearm, getting a permit after the fact won't make you any less guilty. I suppose it may, however, cause the prosecutor or the judge to go easier on you.

2 Answers | Asked in Criminal Law for Kentucky on
Q: In Kentucky, when will I be eligible for parole on a two year and one month sentence?
Timothy Denison
Timothy Denison answered on Jul 28, 2021

After about 152 days.

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1 Answer | Asked in Criminal Law for California on
Q: Can you tell me in laymen's language what the decision on Monday in San Francisco, People vs Lewis means to prisoners?
Dale S. Gribow
Dale S. Gribow answered on Jul 28, 2021

i got your voicemail and then this missive.

i am sorry that I don't handle this type of issue.

1 Answer | Asked in Criminal Law for Utah on
Q: What is the statute of limitations for providing shelter to a runaway
Lance E. Bastian
Lance E. Bastian answered on Jul 28, 2021

The Utah statute of limitations for a class B misdemeanor (which is what providing shelter to a runaway is) is generally two years. I say generally because the running of the limitations period can be tolled (or paused) if and during which the accused leaves the state. It is also important to note... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: How can I have a court date for probation violation scheduled after my one year probation has expired?

I have the probation agreement paperwork stating the expiration date.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 28, 2021

Under Minn. Stat. 609.14, a probation revocation may be filed up to six months after expiration of probation so long as the probation violation occurred while the individual was still on probation.

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2 Answers | Asked in Criminal Law for New York on
Q: , how can I change an independent attorney that is NOT serving him/her

I have a case in criminal court,it's been in court since January 2019, the ADA has NOT been ready at any of my proceedings and my independent attorney is NOT acting with MY BEST INTEREST. WANT TO CHANGE ATTORNEYS, HOW AND WHAT DO I DO?

Stuart Austin
Stuart Austin answered on Jul 28, 2021

I am not sure what you mean by an independent attorney. If you have retained him, you may simply fire him and hire a new attorney. You should be able to recover the unused portion of your retainer fee if there is one. If your attorney was assigned by the court, you will need to document the... Read more »

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1 Answer | Asked in Criminal Law, Personal Injury, Real Estate Law and Federal Crimes for New York on
Q: How can I file a suit on tom aini and the hornell police sheriff's dept state police and the city hall brian schu lawyer

I have evidence in drug activity corruption harassment sexual harassment I all listed above and a few other officials in the city

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jul 28, 2021

If you wish to report corruption involving local and state elected officials, you should report the matter to the Office of the Comptroller, https://www.osc.state.ny.us/investigations , which is charged with fighting corruption. You do not have legal standing to file suit on such matters. As for... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: how long does it take for a motion to recall a bench warrant to be recalled and can it be filed by a public defender

how long does it take for a motion to recall a bench warrant to be recalled and can it be filed by a public defender

Mark Oakley
Mark Oakley answered on Jul 28, 2021

It varies. Technically, the State's Attorney's Office has 15 days (plus 3 more days if the motion is mailed to them) from the date the motion is filed and served to file an opposition to the motion, so the court is supposed to wait the response time--or until the opposition is filed if... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: how long does it take for a maryland bench warrants to become active for failure to appear.

how long does it take for a maryland bench warrants to become active for failure to appear.

Mark Oakley
Mark Oakley answered on Jul 28, 2021

Same day or a day or so after court, depending on when the clerk in the particular jurisdiction enters the FTA into the system. Usually, by the end of the court day you failed to appear.

1 Answer | Asked in Criminal Law for New York on
Q: Can you help me to get back my bitcoin from scammer?

Hello,

I invested bitcoin in the TCPRO Company. They promised to return my funds after 45 days. But, they are scammers and blocked me on Telegram. Their website is tcpro.co and the address is New York based on the website.

Can you help me to get back my funds?

Regards,

Luigi Vigliotti
Luigi Vigliotti answered on Jul 28, 2021

You should contact law enforcement to report this crime. Most attorneys that are on this forum that practice criminal law are defense lawyers. In other words, we represent those charged with crimes. Since you appear to be the victim of a crime, you should contact law enforcement. If the... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: I RECIEVED A APPEARANCE TICKET FOR CPW 4TH 265.01.01 FOR A BILLY CLUB WOODEN STICK FOUND IN CAR. WILL I BE REMANDED OR R

2 TIME PREVIOUS CONVICTED FELON. WILL THIS CHARGE BR BUMPED UP TO A D FELONY BECAUSE OF PRIOR CONVICTIONS? WILL I BE REMANDED OR REQUIRE A BAIL

Luigi Vigliotti
Luigi Vigliotti answered on Jul 28, 2021

You ask a good question. Because of your previous conviction, it may very well be upgraded to a felony under PL 265.02(1), CPW 3rd Degree, a class D felony. As to whether bail will be set or whether you will be remanded, I don't believe this is a bail qualifying offense even when upgraded.... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Wrongful Death for South Carolina on
Q: When a person "gets in my face" because of road rage, could that be prosecuted as assault or attempted murder,
Peter N. Munsing
Peter N. Munsing answered on Jul 27, 2021

The likely charges would depend on what they did, and those are up to the police & the DA. Possible charges would be disorderly conduct, threatening, others.

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Tax Law for Maryland on
Q: Hi. I bough a house for $265,000 inn November 2014 with a girlfriend. Her Father actually bought the house outright.

However, he was not put on the deed then or ever. Only myself and girlfriend were on the deed. I was hesitant in buying the house this was as I didn't feel like I was buying the house and didn't have the pride in buying my first home myself. Plus, I did not qualify for the first time home... Read more »

Richard Sternberg
Richard Sternberg answered on Jul 27, 2021

Didn’t I answer this yesterday. When you sign papers, they matter. Let a lawyer review what you sighed… ya’know… like the grown ups. You will likely pay for the review.

1 Answer | Asked in Criminal Law for California on
Q: My 18 year old niece was molested by my 58 year old cousin in Puerto Rico. What can be done about that?
John Karas
John Karas answered on Jul 27, 2021

Report it to the police in Puerto Rico. You also may wish to consult with an attorney regarding a civil lawsuit against the uncle.

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