Your friend does not have to cooperate with the task force. Depending on the circumstances, they may be able to avoid jail time and having this go on their record; however, it will depend on whether they have any priors, if there were other charges, etc.
Your brother will have 30 days to file a Notice of Appeal. Although your brother has the right to file an appeal on his own, it is advisable to hire an attorney to assist him with this so that he does not miss deadlines and/ or other rules that are in place for appeals.
Typically, yes; however, there is some case law that says that as long as the degree of murder is discussed during the plea hearing, then that may end up taking care of any defects in the underlying plea petition.
My little brother was sentenced 8 years with 3 suspended. He was not given offer of drug court in court on a sale charge only prison time. He had talked with his presenting lawyer for two days and while in court the next time his lawyer wasn’t there another lawyer presented with “I’m your... Read more »
It really depends. If you pleaded out, which it sounds like he did, then the possibility of getting post conviction relief is incredibly low. That being said, it sounds like there was a lot of miscommunication between your brother and the various lawyers. I'd be curious to know why he...Read more »
You are looking at very minimum jail time on a charge like this. That being said, depending on the circumstances, you and your lawyer may be able to arrange it to where you can avoid a conviction and having this go on your record.
With aggravated assault, that is considered a violent crime. From the looks of it, the DA is going to try to add firearm enhancements to the charge, which could lead to serious jail time. The biggest problem, though, is that even though this would be your first felony, if you are convicted and...Read more »
First, be very careful about any information that you put on a forum, even this one. As to your question, it is very typical for law enforcement to charge everyone with possession of a controlled substance, especially if they cannot pin it on one particular person. The problem that they will run...Read more »
Many judges across the state have a policy a mandatory jail time to serve, even on one (1) first offense lifetime shoplifting charge. 1 is serious enough, but 3 will surely raise red flags with the court. My advice is to contact a criminal defense attorney to discuss options.
It really depends on the underlying crime. That being said, it may be best for you to consult with a private lawyer to go into more details about the allegations so that you can see what potential time you might be looking at.
If you feel as though there is a crime that was committed, your best bet is going to be to go to the local city or justice court and file a criminal complaint against the person. That being said, depending on the circumstances, you may also have a civil case against the person for not doing their...Read more »
It depends largely on the dollar amount for the underlying charge. Assuming that it is high enough, then it very well could carry a 10 year sentence; however, since it is non-violent crime, the person charged may be able to avoid jail time. Regardless, it is in the person's best interest to...Read more »
Unfortunately, you can be; however, there is definitely an argument that the case should be dismissed due to lack of a speedy trial. I would highly encourage you to reach out to a criminal defense lawyer to talk about the details of your case, as a motion for dismissal hinges on very particular...Read more »
HE threatens to do harm to me and my family rushes at me to get to my sister I pull out a knife bring it too face level he sees it and still rushes at me he swings I dip low he impale himself on the knife I push him away raise it back up he sees it again he backs away starts fussing and we take him... Read more »
Self-defense, if established, is an affirmative defense and you would not be guilty of a crime. However, whether or not there was self-defense is fact specific. Based on the facts described in your question, there seems to be an opportunity to try to establish self-defense; however, ultimately, it...Read more »
It really depends on the circumstances. Are you talking about if they are picked up on those charges or if they are convicted. Agg assault is considered a violent crime in Mississippi, so if the person is convicted, they could be facing a day-for-day sentence, which means their time in jail would...Read more »
We had just came in contact with the firearm we were taking it to a dealer to have it checked out and to sell it for owed money from a loan. We ran into a road block.. Neither of us knew it was stolen we were under the impression it was a clean gun. We do not have a criminal record.
It always depends on the circumstances. In this situation, while you were in possession of a stolen firearm, the prosecutors would have to prove that you either knew or had to reason to know that it was stolen before you could be convicted.
The short answer is no. Prosecutors have ultimate discretion as to how they present an indictment to a grand jury. That being said, they can go back later and amend an indictment to include an enhancement for habitual offenders.
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