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Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: In 2003 I believe an article was published in the Oklahoma Bar Journal that dealt with brief writing

The writer began by saying that appellate courts read a lot of writing and unfortunately they read a lot of poor writing. The article cited some cases in which lawyers tried to win their cases by disparaging the court or the opposition. I remember laughing at the brutal way the Oklahoma Supreme... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 7, 2019

You could check with the Oklahoma Bar Association. The problem is that many state bar associations don't go back that far with their online journals. If they don't have it on their site, you could contact them directly to see if one of the administrators could assist. Another option might be to... Read more »

1 Answer | Asked in Criminal Law and Divorce for Colorado on
Q: Birth mother enticed 14 yr old son away from care without knowledge at a public venue under CO. Statute18-3-304

Birth mother attended same sporting event as me and kids. Without knowledge or communication to me as custodial parent my Ex wife texted my 14yr old out of stands to come meet her without my knowledge or consent. Is this criminal under 18-3-304 CO Statutes?

Douglas T. Cohen
Douglas T. Cohen answered on Dec 7, 2019

The short answer is: No.

CRS 18-3-304 is a kidnapping statute. Applying the kidnapping statute to the type scenario you are describing is a major stretch.

One parent texting a child at a sporting event that you are at with your child, so they can meet and say hello for a few...
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2 Answers | Asked in Criminal Law and Traffic Tickets for Illinois on
Q: In court can they check the status of your insurance even if you present them with proof of Insurnace documents ?
Brandon K. Davis
Brandon K. Davis answered on Dec 7, 2019

If the prosecutor suspects the proof of insurance is fraudulent or invalid, they can call to verify that it is legitimate.

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Will I go to jail I’m facing false felony charge for assault with deadly weapon felony for child endangerment 1 mid assa

Bodily injury and misdemeanor assault family violence

Grant St Julian III
Grant St Julian III answered on Dec 7, 2019

If the allegations are found to be false, you will not go to jail. If the charges filed against you are proven to be true beyond a reasonable doubt, jail time is a possibility. Consult with an attorney. Good luck.

1 Answer | Asked in Criminal Law and Municipal Law for New Jersey on
Q: What is the difference of being charged in municipal court in NJ vs being charged in Superior Court for $5200?

Theft by deception charge, Middlesex County, NJ. Thx for your answer. However, it is actually being heard in Municpal Court, NOT Superior Court. The charge is for the Amt. Stated. Why is it being heard in Municipal Court?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 7, 2019

A very big difference in Municipal Court you're only subject up to 180 days in jail and up to a thousand-dollar fine. However the amount taken must have been under $200 to be in Municipal Court. Amounts taken over $200 and up to $500 is in Superior Court and subjects the offender to up to 18... Read more »

2 Answers | Asked in Criminal Law, Family Law and Traffic Tickets for South Carolina on
Q: So you already said I don’t have to show up in court. Is it worth it to fight to have 2 pts dropped?

How does 2 pts affect insurance in SC? Is it worth it to try and fight the points or just be happy the trooper decreased the points from 4 to 2 and since I’ve paid just go on my way? It is my first ticket ever

Ryan D Templeton
Ryan D Templeton answered on Dec 7, 2019

The minimum points on any speeding ticket is two points. The judge does not have the authority to drop them any lower. Your insurance can take the conviction into account but that really depends on your carrier.

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1 Answer | Asked in Criminal Law for Texas on
Q: If someone got sentenced for murder today, how can I look that up online with no name of the person?

My brother’s killer was sentenced today and I’m trying to find information as my brother’s family has excluded me from that information. Simple google research has lead me no where without the persons name. Thank you.

Anthony M. Avery
Anthony M. Avery answered on Dec 6, 2019

A more direct approach would be to contact the Clerk of the Criminal Court in the County where the Murder occurred. A few questions should reveal who was prosecuted for killing your Brother. There may be little information available in the Court Records, but once you find the File, read the... Read more »

2 Answers | Asked in Criminal Law for Tennessee on
Q: I would like to speak to an attorney about an indictment on a change when I never stepped foot into a jail.

I have been changed with introduction of contraband When I’ve jeber stepped foot into the jail in my life. Nor have a criminal background. I was indicated by a grand jury and have a court date December 17th and need advice in what to do from here as I am out on bond (bond was set excessive at... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 6, 2019

Initially you should have stayed in jail, and hired a competent attorney to move to reduce your Bond. That probably would have saved you some money for which you need to spend on retaining an attorney. Since the State went straight to the Gran Jury, they have prevented you from exercising... Read more »

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1 Answer | Asked in Criminal Law for Utah on
Q: can witnesses be interviewed in the same room at the same time to have to same story for seeing a crime?
Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Dec 6, 2019

I am not clear on your question. Get a consultation with a defense attorney in your area so you can flesh this out more.

1 Answer | Asked in Criminal Law for Utah on
Q: Can a police officer give testimony in a court room about a seperate, open criminal case ?

My girlfriend each have an open criminal case for possession. She also just had her alimony case trial. In that trial, her husbands lawyer subpoenaed the arresting officer and the officer gave testimony about all aspects of my open criminal case

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Dec 6, 2019

that is a family law/civil law question.

2 Answers | Asked in Criminal Law, Family Law and Traffic Tickets for South Carolina on
Q: I got my first traffic violation in SC for 10 miles over the speed limit and 2 pts on my license. The trooper decrease

The trooper decreased the ticket from 4pts to 2 and 20miles down to 10miles. I just paid the fee of $75 online. My question is the ticket online says no court appearance required but the back part of the ticket talks about "If you fail to post bond or personally appear in court on the assigned... Read more »

Allison Brandt Blackwelder
Allison Brandt Blackwelder answered on Dec 6, 2019

The fine you paid is the bond amount, so you do not need to appear in court. You have already taken care of the matter responsibly. Best of luck!

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1 Answer | Asked in Criminal Law for Georgia on
Q: When someone commits and is charged with terroristic threats or acts and released from jail same day will there be court

I had someone arrested for terroristic threats and acts last night, today they were released. Will there still be a court date? I’m in fear of my life and my family’s lives

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 6, 2019

More information is needed to provide you with an accurate answer. Did the offender pay bail? It is best to contact an attorney as soon as possible to discuss your options.

We are glad to assist you. I wish you.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Criminal Law and Personal Injury for Georgia on
Q: Manipulative ex-boyfriend has made my friend's daughter psychotic and hooked on drugs. Is there any punitive action?

The ex-boy friend's drug dealer keeps contacting the daughter to sell her drugs.

the daughter has been in and out of therapy several times. My friend's daughter is a wreck and the mother would like to sue this gigolo.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 6, 2019

This is an unfortunate situation. More information is needed before an answer can be given. For example, is the daughter a minor? It is best to consult an attorney as soon as feasible.

We are glad to assist you. I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Criminal Law for Georgia on
Q: What does Cpwl mean? If convicted are they allowed to have a gun? Thanks!
Robbie Levin
Robbie Levin answered on Dec 6, 2019

I believe it refers to Carrying a Pistol Without a License.

2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: The frisk and search was simply because the driver was a parolee, I however have no record. As well as handcuffed.

Was later sent a letter stating a change of date of which this incident occurred. Never was I told why I was being cuffed or detained. They didn't find anything to have a reason to frisk me. All they said was ,"we're doing a standard parole search". Does this violate my 4th amendment? Only after... Read more »

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Dec 6, 2019

This is a fact driven issue as to whether they had the right to pat and frisk you for "officer safety" or some other reason such as furtive movements. You should make an appointment with an experienced criminal defense attorney to go over the facts in detail; most of us offer free initial... Read more »

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1 Answer | Asked in Criminal Law for Ohio on
Q: I'm 17 and live in Columbus ,Ohio.I got in a fight with a family friend and he physically abused me naked. What do I do?

I was in the shower playing music when I heard knocking and yelling on the door. So I got out of the shower and I opened the door I seen my cousin. I asked my cousin and she said (friend) knocked. I told him to wait and them slammed the room door, then returned to the bathroom(3 people were in the... Read more »

Dimitrios Makridis
Dimitrios Makridis answered on Dec 6, 2019

You can go to the intake office at 375 S. High St., 7th floor, Columbus, OH 43215 to file a complaint. An intake officer will interview you, collect all evidence necessary, and then a prosecutor will review the evidence and determine whether there is probable cause to file charges. Because you are... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: The issue at hand involves an individual on parole who has medical issues preventing compliance with terms of probation.

Female found unresponsive and resuscitated from days of extreme carbon monoxide poisoning, male counterpart deceased, medical records indicate mental conditions as a result, not including the effects of her loss.

**female, not long after, arrested, charged and jailed for wreckless driving,... Read more »

Leonard D. Harden
Leonard D. Harden answered on Dec 6, 2019

This is a very case specific matter. It is vital that she have an attorney who knows all the facts and background to help. This is not something I would try to provide an answer or even any ideas about online. Contact a defense attoreny near where she has court who is licensed in both MA and NH.... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can I hire a lawyer to just file paperwork to have a court date changed to a later date.

My girlfriend is in custody in one county, she decided to execute a sentence for a DUI, and now has a probation violation hearing in another county on the day she is released, she wants to change her court date to a later date.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 6, 2019

Sure. Getting the court date continued should not be a huge issue. An attorney can help.

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1 Answer | Asked in Criminal Law for Georgia on
Q: If stolen weapons such as ar-15 assault rifle and pistol w/ silencercross state lines in commission of felony a fed law?

2 Theft by recieving 4 stolen ar 15 and possession of meth and weed

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 5, 2019

Yes, it is a federal offense. Given the severity of the charges, it is in your best interest to contact an attorney as soon as possible.

We are glad to assist you. Contact soon.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Criminal Law for Virginia on
Q: What I can do about someone harassing me from another state

Since February my boyfriend's ex has been creating new Facebook pages every time we block her & harassing us. We are in Virginia and she is in Louisiana. I was wondering if there's anything I can do about this legally being that she hasn't threatened us and is just more of a nuisance than anything.

Susan Fremit
Susan Fremit answered on Dec 5, 2019

Specifically tell her, in writing, to stop whatever action she is doing which you feel is harassment. You don't need to feel threatened, just harassed. If the behavior does not stop, after you have put in writing to her to stop, call the Federal Court Clerk's office in Richmond about the next... Read more »

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