If my boyfriend and I live in the home and he comes and goes freely tho he lives in a dwelling on the property ..... Can the owner of the home rightfully push the charges of burglary? Even though he comes and goes and washes his clothes and makes his meals in the home bc his dwelling don't... Read more »
An ownership interest in the dwelling will not preclude a conviction of burglary as a matter of law. The jury would have to determine under the totality of circumstances if the defendant used the dwelling in such a manner that it could be said to be his/her home. The test will be if under the...Read more »
Hello, I'm inquiring about a friend who got arrested on charges of meth distribution. The person my friend was hanging out with has been an offender on multiple charges in the past and had meth in possession at the time of the arrest. Even though my friend doesn't deal in drug... Read more »
It may be a case of actual v constructive possession. The issues will depend on why law enforcement was there, what rights they had to enter the premises/vehicle, where the alleged narcotics were found, and under what circumstances.
Unfortunately you can’t, absent a full pardon by the Governor of the State of Ohio; sealing or expunging the arrest does not vacate or remove the underlying conviction, which is entered into the National Criminal Information Center (NCIC), the computerized index used to screen for firearms...Read more »
Me and my friend made a terrible mistake trying to steal from Walmart. They called the police and the police wanted to schedule the court for May 19. We had flight tickets (we are international students) to go home in the next week so they somehow could hold the “court” right there at the... Read more »
It sounds like you may have been issued a citation for shoplifting or petty larceny and plead guilty or no contest. If this is the case then that is a criminal misdemeanor charge, but it can also be classified as a crime of dishonesty. Both could impact your immigration status.
I can't speak to your jurisdiction, but in mine, the attorney generally has to bring these issues up in court to have them order a mental evaluation by doctors. Even then, the attorney has to believe the Defendant won't be able to help participate in his own defense. Otherwise the jails...Read more »
Officer cannot write false statements. On the other hand this is personal to you and I would suggest that you have someone else, perhaps a lawyer you might hire, review the reports and see if his review reaches a conclusion which is the same as yours.
At the time of question I was at my father's residence for a period of maybe 4-6 days continuously due to personal relationship issues and differences. My dad's cousin came over daily and intoxicated heavily. He left residence and later on accused me of stealing his gun after he had left... Read more »
It is unclear what type of help you are looking for here based on the topics selected. However, one option that you might consider is filing a police report if you are being followed, harassed, or repeatedly contacted after asking for it to stop. No one should have their mental health damaged...Read more »
In order to answer this question I would need more information. That particular code section has two different sections. Under the (A) section, depending on the underlying charge that you were convicted of conspiring to commit that could be a felony but the penalty would be one half of the...Read more »
The cops came to my house on Wed. 11-17 with a search warrant looking to find a large amount of marijuana. They found a roach. My girlfriend said it was hers so they gave her a ticket for simple possession. They then told me I had to go to the police department Mon. 11-21 because they wanted to... Read more »
I got a ticket in June 2021 for driving "10mph or less", paid the fine, but am now receiving a court summons for Dec 2021 for this same offense. I don't understand the timing, nor the reasoning for such an escalation in action. Since the incident, I have taken a defensive driving... Read more »
If you received a ticket and paid the fine then generally you are not required to attend Court. When you pay the requested fine then you are essentially pleading guilty to the offense. I would contact the Clerk of Court for the court in which you received the notice and find out the status of your...Read more »
I went to apply for an apartment recently and was denied due to a misdemeanor on my background check. This came as a shock to me. They informed me that it was "carless operation," and then I remembered. In the beginning of 2018 I accidentally ran a red light in a town that I had never... Read more »
When you pay a fine that is essentially pleading no contest, which has the same result as a guilty plea for purposes of your driving and criminal record. So unfortunately the answer is yes, this traffic citation should have been on your driving record.
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.