My boyfriend and I got in an argument. He kept calling me a bitch/whore so I threw water on him and pushed him. He pushed me back so I punched him and he ended up choking, dragging, and kicking me across my apartment. My parents want me to press charges but could I also be charged with domestic... Read more »
Possession of a firearm, or any item, does not depend on police finding on you at the time of your arrest. The prosecutor will need to prove one of the following, beyond a reasonable doubt, to secure a conviction:
1. That you had physical possession of the firearm at some point and time;...Read more »
If the Sheriffs find drugs on the ground by your car he then proceeds to say it was my lock me up and then put on the report he saw me throw it on the ground and charged me with a level 2 felony dealing in cocaine and charge me with possession of cocaine a level 4 felony
get him to return it, but he “forgot” to leave the hardware. He said he would mail them. It’s been months he will not respond to me and hasn’t mailed them. What recourse do I have. My parents home is in Indiana. My brother also lives in Indiana (different county.). I live in Texas.
my wife was served arrest warrant and booked under wrong Identity (name, DOB, address, and all) They then changed the info four more times , each time being incorrect. I was attempting to put money on her books and while i put it on the name they booked her by, directly after my deposit her info... Read more »
After a hung jury, the prosecutor must decide if they are going to move forward with the case to another trial. It is as if the first trial did not take place and the defendant is in the same position as before the trial.
You will be ordered to appear in court and must appear for your Initial Hearing or a warrant for your arrest will be issued. However, because this case is a misdemeanor, if you hire a local attorney, he/she should enter on your behalf and waive the initial hearing so you would not have to be...Read more »
If someone in my home is on house arrest do the police have a right to tell everyone to go to the living room while they search my WHOLE house during a pop up inspection? This person has their own room .
In many jurisdictions, this type of behaviour by police to not permitted. Check the terms of the house arrest of your housemate. Are there terms that they agreed to that allow police to search the house? Usually, with a few limited exceptions, police only have authority to enter and search with a...Read more »
So on 7/19/18 my sister had told her ex boyfriend that she was coming over to his and his girlfriends house. She got to the house knocked a few times and left. Went around the block and noticed he was in the yard. She pulled up and his current girlfriend came out accusing her of trying to break... Read more »
Rather than worrying about counter suing at this point, it sounds like she needs to consult with an attorney regarding her own arrest. If it is shown through her case there was false allegations, then she may have a case for malicious prosecution.
In Indiana the Statute of Limitations to file a misdemeanor is two years, however the filing of charges is completely the prosecutors decision after reviewing a police report and evaluating the evidence. If you have not made a police report you should do so.
Probation would have the ability to search all the common areas where the person on house arrest may go. Any private areas of the home where the person is not allowed to go to, probation should not be entering.
In Indiana the prosecutor has the discretion to file charges as long as it appears there is probable cause to file the charges. Additionally, the prosecutor has the discretion to dismiss charges when ever they determine appropriate. Now with that said, the charges you have are not serious in...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.