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Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Arizona on
Q: I just found out that I have a misdemeanor bench warrant in another state from 2009. Process for getting that quashed?

I just found out that I have a misdemeanor bench warrant in Idaho for failure to appear. I have a new job that ran my background and found it. I need to resolve this, ASAP so I can start my job. In 2009, I had a misdemeanor DUI ( first offense ). I did community service and paid a small fine.... Read more »

Dwane Cates
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answered on May 26, 2023

Your best bet is to hire a lawyer in the same area as the court. Sometimes they can file a motion to get the warrant Quashed and get you some time to complete the classes. Sometimes the judge makes you appear. If there is a bond on the warrant you can pay the bond and ask to have a telephonic... Read more »

3 Answers | Asked in Criminal Law, Landlord - Tenant and Sexual Harassment for California on
Q: For sexual harassment case, if the incidents occurred two years ago, is that still okay to sue the offender?
James L. Arrasmith
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answered on May 26, 2023

The statute of limitations for filing a sexual harassment lawsuit varies by jurisdiction. In some cases, it can be as short as one year. If the incidents occurred two years ago, it is possible that the statute of limitations may have expired. However, exceptions or tolling provisions could apply.... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: How can you find out how many of a judge's decisions were overturned on appeal as a member of the public ?

I am looking for this information for judges in Harris County, Texas.

John Michael Frick
John Michael Frick
answered on May 25, 2023

I would use a targeted search for appellate decisions of cases determined by that judge during his or her tenure on a site like Westlaw or LexisNexis, then narrow that search using the word "reverse," and then scroll through the results to count how many of those cases include a judgment... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Can I get another attorney from same law firm if first attorney has not doing what we've asked?

The court appointed attorney but he never returned calls or emails so we hired a law firm for my son and the attorney they appointed to him has not filed for a bond reduction that we had asked him to do 4 months ago. He just says he dont think they will lower bond. We are from out of state. My son... Read more »

Dwane Cates
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answered on May 25, 2023

The lawyer works for you. If you are not happy with your lawyer you need to communicate that to them and give them a chance to make things right. If nothing changes, You can ask the managing partner of the firm to give you a new lawyer. If they will not or you are not satisfied with their... Read more »

3 Answers | Asked in Criminal Law for Minnesota on
Q: What kind of proof does the court need to charge someone with assault aside from hearsay?

My current lawyer doesnt seem to be doing anything. This alleged crime has no proof aside from hearsay and past text confrontations. But the state is pursuing and now it is set for a jury roll call on 06-01 and I don't think it should have even gotten this far without some sort of witness or... Read more »

John Michael Frick
John Michael Frick
answered on May 25, 2023

Usually, as in your case, they need the victim of the assault testifying as to what happened.

A victim’s testimony about an assault she personally experienced isn’t hearsay and can be sufficient standing alone to support a conviction if the jury believes the victim.

It can be...
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3 Answers | Asked in Criminal Law for Minnesota on
Q: What kind of proof does the court need to charge someone with assault aside from hearsay?

My current lawyer doesnt seem to be doing anything. This alleged crime has no proof aside from hearsay and past text confrontations. But the state is pursuing and now it is set for a jury roll call on 06-01 and I don't think it should have even gotten this far without some sort of witness or... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 25, 2023

The testimony of the alleged victim is not hearsay if she shows up and testifies under oath that you assaulted her. The fact that she is the only witness to the incident is not unusual. Many assaults occur when the only folks there are the alleged victim and the alleged perpetrator. Listen to... Read more »

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3 Answers | Asked in Criminal Law for Minnesota on
Q: What kind of proof does the court need to charge someone with assault aside from hearsay?

My current lawyer doesnt seem to be doing anything. This alleged crime has no proof aside from hearsay and past text confrontations. But the state is pursuing and now it is set for a jury roll call on 06-01 and I don't think it should have even gotten this far without some sort of witness or... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on May 25, 2023

The state will have a difficult time getting a conviction on hearsay only. Normally the prosecutor will have at least one witness to testify that a crime did happen and the defendant did it. Pretrial evidentiary issues are less common in most assault cases, compared to other types of criminal... Read more »

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1 Answer | Asked in Civil Litigation, Criminal Law and Traffic Tickets for Mississippi on
Q: Is it required by Mississippi state law that I provide my ID during a traffic stop, Or is providing my name good enough?

I was traveling westbound on I 20 at 10:30 at night just after a rain storm. I’m approaching a box truck in the right lane I am in the left lane trying to pass the box truck. I noticed in my mirrors that there is a vehicle approaching me at a high rate of speed in the right hand lane. Therefore I... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Great description of facts. I felt like I was there. I do not know of any state that DOESN'T require you to have your license in your physical possession while driving. And I mean the actual license, not a photo of it on your phone. This is so the officer can determine if it has been altered... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Is there a form to petition the judge to have a MN DANCO removed or modified? I'm the victim of state brought DANCO

I want to live with reconcile relationship with defendant...and he is not guilty of charges state put on him and I am hoping he is willing to seek counseling so I could be ok with just modified DANCO to allow peaceful contact

Sarah Gad
Sarah Gad
answered on May 24, 2023

There is no form or petition for this. A DANCO can only be lifted by a judge.

If you wish to have the DANCO lifted or modified, I would start by reaching out to the victim's advocate assigned to the defendant's case. In almost all domestic violence cases, there is a...
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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Is there a form to petition the judge to have a MN DANCO removed or modified? I'm the victim of state brought DANCO

I want to live with reconcile relationship with defendant...and he is not guilty of charges state put on him and I am hoping he is willing to seek counseling so I could be ok with just modified DANCO to allow peaceful contact

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 25, 2023

There is no form for this. You can certainly submit a letter to the Court asking for the DANCO to be modified or cancelled. The decision of whether that occurs is ultimately up to the judge who is assigned to handle the case. It is unlikely that the DANCO will be modified or cancelled if the... Read more »

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Nebraska on
Q: wronfully convicted

awarded my appeal after being in work release but never notified so conviction stuck how do i go about this

Julie Fowler
Julie Fowler
answered on May 24, 2023

If you are successful on appeal, the Appellate court can do a number of things. For example, the appellate court can send back to the trial court for further hearing or the appellate court can issue a new final ruling without further hearing. What your options are depend on what specifically... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Nebraska on
Q: If the petitioner contacts the respondent from jail can the respondent be charged for VOP for each phone call made

The conversation on the phone was about their child in common and how to get $15000 to bond the petitioner out of jail which the respondent did

Julie Fowler
Julie Fowler
answered on May 24, 2023

The protection order is against the respondent, not the petitioner. Thus, the petitioner would not be charged even if they initiated contact to the respondent. The respondent could be charged with a violation of protection order for responding. When determining whether to file the violation of... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: In the state of New Jersey can the prosecutor send you to trial without first giving you an offer?
David A. Simon
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David A. Simon
answered on May 24, 2023

There is no requirement that a DA give you an offer. Typically the DA will say their offer is "plead to the sheet". This means that you can just plead guilty to every single thing they've charged you with. A DA has broad discretion to settle the case and is not required by law to... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: If a witness for the prosecutor provide false statements for an indictment can a motion to dismiss be filed for perjury?
David A. Simon
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David A. Simon
answered on May 24, 2023

There is no such thing as a motion to dismiss for a witness lying. Typically, the credibility of a witness can be attacked through skilled cross-examination by a defense attorney. The jury gets to decide whether to believe this witness. This would be a factual issue to be determined by a jury as... Read more »

1 Answer | Asked in Criminal Law for Minnesota on
Q: Is it possible to have my charges from 2001 expunged?

I was charged in 2001 with felony terroristic threat and felony assault in the 5 degree.

Sarah Gad
Sarah Gad
answered on May 24, 2023

Unfortunately, neither one of these offenses (felony assault & terroristic threats are expungable offenses in the State of Minnesota at this time. You can find a full list of expungable felony offenses here: https://www.revisor.mn.gov/statutes/cite/609A/full#stat.609A.01.

If you...
Read more »

1 Answer | Asked in Business Law, Employment Law, Civil Rights and Criminal Law for Indiana on
Q: Employer wants me to secretly record customers in their homes for sales pitches in Indiana. Is that legal?
Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Wiretap laws are different in each state. This could be a criminal violation. Something just doesn't sound right when the employer says to "secretly" tape record your customers in their own homes. The customers have a right to privacy and this would appear to violate that. If it... Read more »

1 Answer | Asked in Criminal Law and Legal Malpractice for Michigan on
Q: What do I do when my lawyer violates attorney-client privilege and lies to the Michigan Attorney Grievance Commission?

The Michigan State Police and the Michigan Attorney Grievance Commission are investigating Michelle Elowski's legal practices. I have an open court case against her for conning me out of $25,000. The judge told her to work with me so she got an attorney and the both of them disappeared.... Read more »

John Michael Frick
John Michael Frick
answered on May 24, 2023

If an attorney has violated your attorney-client privilege and disclosed your confidential communications with the attorney to a third party, you should hire an attorney who practices in the area of legal malpractice to sue the attorney for any legally compensable damages you have sustained as a... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: I got an email from google saying that my account is subpoena by police department and the states attorney.

I got a copy of the subpoena from google but I don’t have to appear in court my name or address is not in the subpoena they only request google to turn in the documents they want.I have no idea why this happened and I am confused.

Am I being investigated?I haven’t been contacted by any... Read more »

Mark Oakley
Mark Oakley
answered on May 24, 2023

Retain counsel now so you have an attorney lined up to call in the event you are contacted by police or charged. A experienced criminal defense lawyer can act much more quickly and effectively than you can to protect your rights and secure your release on bond in the event of arrest and detention... Read more »

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1 Answer | Asked in Criminal Law, Employment Law, Business Formation and White Collar Crime for Tennessee on
Q: I am founder of a new nonprofit in TN. I have felony from 2013 (UE).repaid all monies, no other criminal record.

Can I be an officer/manger on my board if I have felon from another state? I had an over payment for unemployment of 11,033.38 (including a $5,000 fine) ALL of which I REPAID in full. the nonprofit that I am starting is a community building project teaching beginning farmers from low income and... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 23, 2023

I am not aware of any disability from running a TN non-profit entity. If you already formed it, then apparently the TN Secretary of State has no problem. Since it is from another State, noone here may know about it at this time, and who would want to remove you anyway? You might look into... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: Does a DA’s office (Queens NY) have to confer with victims before accepting a plea deal?

Three members of my family and another person were phisyically assaulted by a person in Queens, NY and then arrested. We heard basically nothing from the DA unless I emailed them a few times. I have recently found out that the DA’s office accepted a plea deal without even consulting with us.... Read more »

Stuart Austin
Stuart Austin
answered on May 23, 2023

There is no requirement that you would get a say in the plea deal given to a defendant. You do have the right to make a victim's impact statement pursuant to CPL 390.50 "The district attorney shall also give at least twenty-one days notice to the victim or victim's family of the... Read more »

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