The court only convenes on Tuesdays, the one day a week I have an office rented and see most of my mental health clients. I can't switch the day and that is my money to live on, as well as my clients need their sessions. Is their an option like a recorded statement that I can legally request.
If you are subpoenaed, you are legally required to attend court. You may want to reach out to the Commonwealth's Attorney (prosecutor) in the jurisdiction where you have to go to Court. He or she may be able to help you avoid coming to court, or explain your options if you do not appear.
Generally, yes.
Different soverign, so double jeopary doesn't apply.
Where is he in the process? Is he pretrial, presentence, or serving a sentence?
If he is being held pretrial or presentence, talk to his attorney right away. The attorney will know what resources are available locally to help, and how to get the Pretrial Services Agency or the jail to do... Read more »
my last theft was from 3 years ago and all I had for this new theft charge was a necklace and nothing else.
Its almost impossible to answer this question in a vacuum. There are too many variables. You say your "LAST" theft charge. You didn't say your "only other" theft charge. If this is your third or more theft charge, there is a higher probaility of at least SOME jail time.... Read more »
We are in WV. My husband signed a binding plea agreement and one of the details was inpatient substance abuse treatment. While at the hearing, the prosecutor insisted on "long term" inpatient treatment, which was not in the original agreement. The judge subsequently added "long... Read more »
First off, "long term" treatment doesn't mean what it used to. Thirty years ago long term treatment was 1 1/2 to two years - or in some rare cases three years. As treatment got more expensive and more people started needingt it, it shrunk to one year, then 6 months, then 120 days,... Read more »
My daughter had an Instagram (made her delete it) she’s 16 and wants to become a model. Someone approached her saying they were a company, everything was pretty suspicious from what i saw. She said she was interested and filled out a form asking about measurements, phone number, address, model... Read more »
A contract with a minor is usually unenforceable and it doesn't seem like a criminal violation if they gave her the money (as opposed to her stealing the money). If she's contacted by law enforcement, reach out to a lawyer ASAP. I'm sure anyone who responds would be happy to help. Good luck.
I do not handle criminal law matters. Sorry.
How can I get a subpoena without a lawyer?
May I object to questions on interrogatories due to dress? The questions are absolutely placing me under duress and giving him all of the criminal evidence used against him
In some cases, you may request the clerk's office to issue a subpoena for you. The clerks cannot give you advice about how to request the subpoena, but many courts have forms available. A good place to start is the website of the court your legal matter is in. The Supreme Court of Virginia... Read more »
Example: defendant is charged with embezzlement by their employer. Defendant has been falsely accused amd is suspicious of being framed by employer . A former employee was also accused of same crime.can defendant reach out to question them? Can defendant question employees that worked there after... Read more »
I regret that I do not handle criminal law matters. Sorry.
Is that legal to knowingly give a false statement and sign when it's a lie
I regret that I do not handle criminal law matters. Sorry.
The law goes into effect on July 1st, and my first intake appointment isn’t until May 12
Absolutely, alcohol is also legal but the condition of your ASAP supervision requires no drugs and no alcohol.
I am active duty and live in Virginia where open carry is legal. My question is, a lot of establishments ban open carry unless you’re law enforcement. I’ve seen different things online, but are we still technically law enforcement?
Neither the Commonwealth of Virginia nor the federal government recognize you as a law enforcement officer. You don't have the ability to arrest or do any of the other things that are unique to police powera. That having been said, this is really more about the rules a private entity has set... Read more »
I have an investigator.. do we contact lawyer or authorities?
Might be better to seek an attorney’s opinion in the county where you live
I have been living at the location for over a year and I have residency. I moved out about a day ago and he told me over text once I move into a new place I can come and get my cat. Now he’s saying I can’t come and get him taking back what he said. I have text proof of him saying I can come get... Read more »
Why not go to the magistrate's office in the county where your ex lives and ask for charge to be brought against him. If you simply go to the house to get your cat, he may have you charged with robbery or theft.
He is stating that all the charges are being dismissed and he gets out of jail in a few months and all he is going to have to do is go to rehab. Is this possible? Wondering if the courts may charge him with the violation charges because he has 8 years hanging over his head.
What you are saying does not sound correct. The fact that he is serving time in jail and then being released implies that he likely has a suspended sentence hanging over his head and he will need to report to probation. If he was on probation and caught the newest charges, he could well be facing... Read more »
He decides he now wants to move out of their shared room. He goes to a guest room and is trying to move some of her stored stuff out, so he can move in there. She says I will move my stuff myself, and for him not to touch her stuff.
He proceeds to start dumping her stuff rudely in the... Read more »
The scenario describes an assault and battery. Call the police or go to the magistrate’s office to bring charges.
Generally, no. The appeal decision could be delayed by many reasons, some not having anything to do with the case.
My sister and her husband are going through a bad divorce. He left two weeks before the birth of their last kid. She has the house. He filed taxes jointly, and the federal return came to the house. She held it and they came to an agreement on how to spend it. It was only in a text so nothing... Read more »
I would recommend taking the copies of checks you have along with these facts to your local magistrate or police department to discuss the options of pressing charges.
My parents are separated and going through a legal divorce. After my mom cheated on my dad and moved in with her boyfriend she and her boyfriend who has a criminal record have been threatening me and my little siblings. She recently sent a trespassing notice to my family saying we could not be near... Read more »
Since your sent you a no trespassing notice and you acknowledge receipt of that notice by tearing it up and throwing it at the front door of where she lives, she can now call the police, if you go on her property, and have you charged with the criminal misdemeanor of trespassing. She can also look... Read more »
This depends on the entire facts surrounding the situation. If the officer has a reasonable suspicion that someone has committed/is committing an offense, and that officer can requests that an individual lower his/her mask in order to make a positive identification. I don't believe a Court... 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.
