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 »

Driving offenses can stack up quickly if one is not careful. Generally speaking, the progression moves from multiple driving while suspended as an infraction, to multiple driving while suspended as a misdemeanor, then being declared a Habitual Traffic Violator as a felony offense. Do whatever you... Read more »

I'm sorry to hear about your fiancé's situation.

First, do anything reasonable to establish communication with his current attorney so you can understand what work he is doing on the case. Many times, it is unclear what is happening on a case, and it is essential to establish... Read more »

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2023

If you believe that your son's rights were violated during the traffic stop and search, there are several steps you can take to address the situation.

Contact an attorney: You may want to consider contacting an attorney who specializes in civil rights or criminal defense to discuss... Read more »

Indiana Code 35-47-4-5(b) As used in this section, “serious violent felony” means:

(1) murder ( IC 35-42-1-1 );

(2) voluntary manslaughter ( IC 35-42-1-3 );

(3) reckless homicide not committed by means of a vehicle ( IC 35-42-1-5 );

(4) battery ( IC... Read more »

You will need to find an Arkansas attorney to advise you on how (and if) you can expunge your criminal record in that state.

Criminal convictions are specific to the state where they are entered. Expungements are, likewise, specific to the state of the convictions.

Whether or not you were read your Miranda rights is a question of fact that your attorney needs to review during discovery in your case. Likewise, whether or not you made a statement is a question of fact that should be explored.

The vast majority of warrants are "knock and... Read more »

This is a public forum, so there is no attorney-client privilege to anything posted here. Additionally, if you are a friend or family member sharing details about another person's case, you are also providing information publicly that the prosecution can use in their investigation and trial... Read more »

First, body cams are not required by law, so there is nothing abnormal or problematic with not having body cam video in discovery since not all officers are equipped with body cams.

Second, it is not uncommon for search warrants to be obtained under a unique cause number and not in the same... Read more »

Unfortunately, at this point there is a judgment of conviction and the time to appeal has passed.

There is clearly a lot to this situation that you did not and should not share on this public forum. You need to discuss the possibility of Post-Conviction Relief with a new attorney to see if... Read more »

Every criminal investigation is unique because the facts and circumstances of each case are different.

Is it TYPICAL for law enforcement to do a rape kit in this situation... No. Are there circumstances in this specific case that may have prompted them to do a rape kit.....Maybe.... Read more »

All the State needs to file charges is probable cause that at a particular moment in time you took the phone with the conscious intent of depriving the rightful owner of its use or value. A classic example is someone who gets caught at the door shoplifting. Even though all the items are recovered... Read more »

If your son was ticketed under I.C. 35-46-1-10.5 for Purchase, acceptance, or possession of tobacco, an e-liquid, or an electronic cigarette by a minor, then it is an infraction and not a criminal offense.

An infraction is punishable only by a fine, much like a standard traffic ticket.... Read more »

In order to get a warrant, law enforcement must show the judge some evidence that demonstrates probable cause that evidence of criminal activity is present at a certain place or that a certain person committed a certain crime and should be arrested. The Probable Cause Affidavit is a sworn statement... Read more »

For a Level 6 felony, you will need to be formally booked at the jail. If the warrant was withdrawn and bail is OR or set at a fixed amount, then you will likely need to submit to fingerprinting and booking at the jail after which you will either be released on the OR bond or allowed to post the... Read more »

Your question is a bit confusing.

A warrant can be issued in a unique cause number prior to any charges being filed. This is done quite often and usually the unique cause is sealed until after the warrant is served.

A warrant can be issued as part of the initial filing of a felony... Read more »

In terms of criminal liability, you only have to worry about your own personal behavior. The allegedly criminal acts of an employer, acting as an individual, does not apply to you. If the business entity is accused of criminal acts (e.g. fraud) then the entity itself is in trouble and any of the... Read more »

As long as the habitual enhancement applies to the case, there is no statute or other law the requires the State to file that enhancement before the omnibus date. Prosecutors routinely hold back on the habitual filing at first as a bargaining chip during plea negotiations.

If there was a valid warrant for your boyfriend's arrest, the officers are allowed to do a search incident to arrest within certain limits. Also, if the vehicle was going to be impounded, they are allowed to do an inventory search. There are many nuances and details associated with search and... Read more »

Yes, the witness can testify. Credibility of witnesses is always an issue for the finder of fact. In a jury trial, the finder of fact is the jury. In a bench trial, the finder of fact is the judge. Credibility of a witness can be attacked by prior inconsistent statements. That seems to be the... Read more »