Anthony Marvin Avery's answer Not sure of your question. But start by figuring out what County or Federal District the Defendant is before. Then hire a competent attorney in that County/District to at least look into the matter, and possibly represent her.
Mr. Kent Thomas Jones Esq.'s answer Generally speaking, a police office has to have probable cause to search and arrest you. This is a low standard. However, if you appeared to be on drugs, then it may have been public inoxication. I would suggest that you obtain a crimainal defense attorney as soon as possible.
Anthony Marvin Avery's answer You may have a Government Tort Liability Action against the City/County and the Law Enforcement Agency. Contact a competent attorney to file suit, which is not a Jury Trial. However you may not have enough damages nor evidence. You have less than 1 year to build your Case and find an attorney.
Mr. Kent Thomas Jones Esq.'s answer You can't make a determination simply on those facts. If it is pre-trial diversion, because the individual didn't have a prior record, then they probably have the capability to apply to have it expunged at the end which would take it off the record. If it was not a pre-trial diversion situation, i.e., there have been prior convictions, then it is possible that it could go down on the record forever if it was a conviction or plea of guilty. You really need to consult with an individual...
Mr. Kent Thomas Jones Esq.'s answer At this point in time, your case is far more factual than legal. On this question and answer forum, we attempt to help individuals by providing simple explanations about the law. Your issue needs the attention of local counsel, who can ask you the appropriate questions to communicate with the judges and other officials involved to resolve the crisis in your favor. You have a constitutional right to counsel. If you cannot afford an attorney, one can be appointed for you.
Anthony Marvin Avery's answer Even if you die, missing Court is not okay, and that is the way it is. Hire a competent attorney to set aside the probable Default Judgment, and set it for a firm Trial Date. Your time is very limited, so do it Monday. Get prepared for Court and actually try your Case, with no excuses.
Cayley Turrin's answer Well one way to know is to not sell drugs but if you are going to then make sure that you are not within 1000 ft near a daycare, school or childcare facility. No signs need to be posted.
Anthony Marvin Avery's answer That medical care defense to a charge might work, and is definitely something that should be used at a Preliminary Hearing. If no Hearing was held and only Bound Over, then he missed his opportunity to raise the Defense. But it can be used again after Indictment, but possibly only at Trial. Habeas Corpus might get it going, but I doubt it will be a successful Constitutional challenge. Hire a competent attorney immediately.
Mr. Kent Thomas Jones Esq.'s answer There is simply not enough information to answer this question clearly. If he was called in, there was a reason. I can certainly tell you from experience that the courts and district attorneys do not like it when people do not report. Ultimately, if he keeps proceeding down that path, he could end up with more jail time that could even be close to the sentencing for the original crime. If he cannot determine why they want him back, he needs to consult with a local criminal defense attorney.
Mr. Kent Thomas Jones Esq.'s answer The answer to your question has many dimensions. There are minimums and maximums that any District Attorney must abide by. That being said, the nature of a plea offer is going to vary from jurisdiction to jurisdiction. When you are talking about 1st or 2nd degree murder and serious about it, a clean record outside of a DUI is really not going to mean that much. I would suggest that you seek assistance of educated local criminal defense counsel as soon as you can.
Anthony Marvin Avery's answer I am not sure of your question. But a serious enhancement factor of one class is added to Drug Felonies if a Defendant is transferring drugs within 1000 feet of a school, park, day care, etc. The Statute does not require signs all around the protected area, but usually there is some kind of sign in front of the building.
Mr. Kent Thomas Jones Esq.'s answer If he was convicted or plead, then he had 10 days to appeal. Generally, I would say no; however, criminal law differs from jurisdiction to jurisdiction, so your best bet is to consult with a local criminal defense attorney in that area to see if anything can be done.
Mr. Kent Thomas Jones Esq.'s answer I don't think that I will be the first person to tell you that courts don't like this. Skipping out on bond and Violation of Probation really puts you in a bad place. In a VOP situation, a sentence will be based loosely on your original charge and conviction, even if you completely served all of your jail time for it. I would consult with a local criminal defense attorney.
Anthony Marvin Avery's answer Not sure of your question. If there are no other potential risks except that the Defendant might be later convicted as a Career Criminal, then most likely a Court will not revoke a Bond it already set. What is very possible is an increase in the Bond amount. It sounds like new charges are being prosecuted after the Defendant has made Bail on the original charged offenses. The Defendant needs to be very careful to observe all Bond Conditions, and his lawyer should respond in writing if a...
Mr. Kent Thomas Jones Esq.'s answer Like most other crimes, theft is graded in the State of Tennessee, according to amount. I would think that ultimately a determination is going to have to be made as to how much was stolen.
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.