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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: If I complete probation on a assault charge bringing it down to a misdemeanor can I buy a gun since I’m not a felon
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Oct 4, 2022

If there is a finding of domestic violence you can't buy a gun.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If police officers do not possess a warrant, and they go in and arrest someone in someone else's home is it legal.

And what if the person who let them in does not own the residence?

Bennett James Wills
Bennett James Wills
answered on Oct 4, 2022

More facts would be needed. If they had an arrest warrant for someone and were otherwise let into the house then there's probably not an issue. Plus there are many exceptions to the warrant requirement regarding searches, seizures, etc. Consult counsel to determine whether any rights were violated.

1 Answer | Asked in Criminal Law and Identity Theft for Tennessee on
Q: What can you be charged with for using someone else's name whenever you are arrested
Bennett James Wills
Bennett James Wills
answered on Oct 4, 2022

Yes. It is a crime to give a false identification.

1 Answer | Asked in Criminal Law and Municipal Law for Missouri on
Q: What is everything I should know about representing myself in a criminal case in municipal court in Missouri?

Lots of details, so bear with me please. About a year ago a neighbor tried to forcefully enter my home and I used physical force to remove the individual, after which, the individual called the police and I received a ticket for misdemeanor assault with their reason being they had marks on them and... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 4, 2022

"Everything you should know"--all you need to know is that you should hire an attorney to represent you. Or you should ask the Court to appoint an attorney to represent you --the Court would question you and make a determination if you are indigent such that appointment of an attorney is... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Florida on
Q: My son was a victim. A plea deal is set.I have a civil Lawyer..are assets applicable despite exemption laws?

He had to go through testing prep meds and testing bc of this. I just want to know if assets partially even can be included for pay out.

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 4, 2022

All and every question you have should be directed to your attorney. He knows your case, and this is what he does.

2 Answers | Asked in Criminal Law, Child Custody, Civil Litigation and Civil Rights for California on
Q: Can you keep calling in “sick” to be excused from restraining order hearing?

The guy I’m trying to get a permanent restraining order against called in today and was excused because he was “sick”. They rescheduled it. I’m just worried he’s going to keep calling in to avoid the hearing

James R. Dickinson
James R. Dickinson
answered on Oct 4, 2022

It would likely depend on whether he's actually sick [or has tested positive for, e.g., covid]. As you're aware, the courts are rightfully cautious during these times. Your temporary orders, if granted, should remain in place, provided you're requesting they be extended. Speak with a... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: If I have a assault charge but completed deferred adjudication making it into a misdemeanor will I pass a background

I completed probation and also wanna know if I can get that charge expunged

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Oct 4, 2022

No. You only can get a charge expunged if it was dismissed without probation / deferred adjudication supervision, or, you were found not guilty at trial.

However, you might qualify for an order of nondisclosure - sealing the offense from public disclosure. Some offenses require a waiting...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Criminal Law for California on
Q: My husband is at o.c. irc jail and has pulmonary hypertension and they do not have 1 of the 3 meds he needs. What now?
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Oct 4, 2022

A jail has a due process requirement to provide medications that are necessary. To failure to do so is also a violation of the cruel and unusual punishment prohibition in the United States Constitution. I would petition for review.

2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: If you are arrested before u are arrested do your rights have to be read to you
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Oct 4, 2022

Technically speaking, no, they do not. However, if the police intend to question you--and use those statements against you--they must read you your "Miranda" rights, which includes admonishing you of your right to remain silent and that anything you say can, and will, be used against you... Read more »

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1 Answer | Asked in Criminal Law for Utah on
Q: What happens if I’m facing a criminal charge but the officer didn’t put me into the actual report.

The officers police report states that the person being charged. Has the same name as me, but a different date of birth.

William Melton
William Melton
answered on Oct 3, 2022

You need to hire an attorney to represent you. If you cannot afford one, the court will appoint an attorney for you.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: My Fiance was convicted to 60 yrs in prison. And wants to know the steps to getting this case re opened.

Wants to get this case reopened and get a thorough investigation.

David Luther Woodward
David Luther Woodward
answered on Oct 3, 2022

To reopen a criminal case substantial, probative evidence must have been discovered after the trial. This is no DIY matter. Use your local bar association's find a lawyer for him, or use the search engine here.

Good Luck

d

1 Answer | Asked in Criminal Law for Tennessee on
Q: What sentencing would two accounts of poss of a controlled substance with intent to sell man dist sched. 2&4 con. Substa

I am curious what the sentencing might be in Shelby county Tennessee for two accounts of possession of a controlled substance class 2 and 4 with intent to sell manufacture or distribute hold? Also what determines whether it was with intent or not? Thank you so much for your time this is very urgent... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Oct 3, 2022

Probably a minimum of 4 years. Talk to your attorney or hire one now. Those are serious Felonies which will affect you for life.

1 Answer | Asked in Criminal Law and Native American Law for Oklahoma on
Q: In 2016, i was sentenced to a 5 year suspended sentence in oklahoma. The 5 years expired in 2021. What are my options
David A. Cincotta
David A. Cincotta
answered on Oct 3, 2022

If you are posting this question to find out what you can do have the records expunged, you will first need to apply for a pardon or wait. Assuming you conviction was for a non-violent crime, you will likely qualify to have the records expunged five years after your sentence ended (so in 2026).... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I had misdemeanor (s) that happened in 2014 and all the fines are paid how will I know when they can be expunged

I have a couple misdemeanors on my record and 2 felonies... But my misdemeanors are paid off and where done in 2014. How can I know they are eligible or not. And if that's so then when will approximately they be?

David A. Cincotta
David A. Cincotta
answered on Oct 3, 2022

There are two types of expungements of criminal cases in Oklahoma. If your sentencing on the misdemeanor was deferred, then you would qualify to have the case dismissed and the court records expunged upon the date to which your sentencing was deferred expiring. Some counties do this automatically... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: If I have a mandatory appearance Orange County California but live in Florida , can I send an attorney to court

It’s a arragnent for public intoxication

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 3, 2022

An attorney licensed to practice in California could appear for you. Ask that attorney whether you also have to be there in person.

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1 Answer | Asked in Criminal Law for Utah on
Q: (Utah) I was convicted of F3 Voyeurism, but I might be in a Catch-22 as far as post sentence relief.

I was released from prison in 2019. From my research, I can only qualify for SO Registry removal if my conviction was Misdemeanor Voyeurism and not Felony Voyeurism, however, since I'm on the registry I apparently don't qualify for a 402 reduction, and since I'm convicted of a felony... Read more »

William Melton
William Melton
answered on Oct 2, 2022

I haven't reviewed the statute on the length of registration for your offense, but assuming it is a 10 year registration (10 year from the end of probation) you cannot get a 402 reduction while you're on the registry. There is no exception to this. So you have to be off the registry... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: If you are charged with MALICIOUS MISCHIEF and PETIT LARCENY And live in another state can you get years in jail or pro
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Oct 2, 2022

It really depends on the circumstances, such as whether the person has any previous convictions, amount of property damage, etc. That being said, with the right circumstances, it may end up being a situation where the charge could be nonadjudicated or dismissed with participation in a special... Read more »

1 Answer | Asked in Medical Malpractice, Health Care Law, Civil Rights and Criminal Law for Florida on
Q: Can a surgical team continue with procedure if the patient who is coherent tells them to stop?

I have a question upon entering out patient surgical center. Patient informs the nurse of being a hard stick. The proceeded with IV in hand which immediately was painful achy and burned. The nurse passed it to the anesthesiologist stating the patient stated it was sensitive. He said he would watch... Read more »

Charles M.  Baron
Charles M. Baron
answered on Oct 1, 2022

In this scenario, I'm guessing the medical people will have a different story - but if you can prove this happened, I believe the medical people would be liable both civilly and criminally for false imprisonment and battery (at least), and potentially liable civilly for malpractice. Request... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Is there a law where when u are arrested, That u have to be mirandized, before being charged with a crime

I was on picked up on a warrant that was issued for me that morning and picked up from work, and was never actually read my right until pretrial

Brent T. Geers
Brent T. Geers
answered on Oct 1, 2022

No. Miranda Rights apply when 1) you are in custody, and 2) being interrogated. The rights protect you from involuntary self-incrimination, and when violated, can lead to suppression of any statements or evidence gained.

Only because of TV and movies do we believe the police need to...
Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Would it be advisable to hire a lawyer if accused of a misdemeanor? It was for $40.
Steven Scharboneau
Steven Scharboneau
answered on Oct 1, 2022

Misdemeanors are criminal charges and it definitely is advisable to at a minimum contact a criminal defense attorney to discuss your options. Most defense attorneys (myself included) will discuss your case with you and help you weigh options free of charge.

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