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Your current state is Ohio
Can the city and county try the same case?
answered on Sep 2, 2024
In Alabama, Kidnapping is a felony offense. The State of Alabama prosecutes the case in the county for which the alleged conduct occurred. A municipal court does not have jurisdiction over felony offenses. However, you used the word kidnapping and did not provide any other facts, therefore, if the... View More 
He asked where we going and why we went the way we did. He asked for driver ID. Driver asked why we were pulled over. Officer responded with "I will tell you after I see your ID".
answered on Sep 18, 2024
In Minnesota police must justify a traffic stop with "reasonable articulable suspicion of criminal activity" or an observed traffic law violation. These are based on facts that the officer can articulate, later to a judge. A driver must have a valid driver's license to lawfully... View More
Radar at 20 - 24 in 55 (unsure exactly, but either coming to stop, or accelerating from stop), stopping too long at stop sign (5 - 10 seconds (7)), and claims license plate lights non functional was the reason for stop. They may be dim, but ARE fully functional.
answered on Sep 3, 2024
Police can lawfully stop a driver if they observe a violation, or facts amounting to "reasonable, articulable suspicion of criminal activity." Since Minnesota laws requires a working plate light, lack of one can be a lawful basis for a stop. If working, but police claim the contrary, a... View More
My friend told me that the case Buck V Kuykendall establishes our right to travel and shows that the roads can only be regulated for those who are in commerce or using the roads for the propose of business. I tried to tell him that the case Hendricks V Maryland established in 1915 decided that the... View More
answered on Aug 22, 2024
Buck held that a state may not require a license or fee to engage in interstate commerce using federal highways for the purpose of limiting competition.
It did not in any way hold that roads can only be regulated for those engaged in commerce.
It discussed that states could regulate... View More
I believe there is more than enough evidence to not only have the charge dropped but to file (and win) a lawsuit against Johnson co cleburne PD
answered on Aug 22, 2024
First, you need to clearly win any criminal case arising out of the arrest. By "clearly win" I mean you need to get the charges dismissed, be no-billed by a grand jury, or be found not guilty at trial by a jury.
Second, gather together all of the evidence proving the arrest was... View More
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answered on Aug 22, 2024
Hola, por favor responda con la pregunta con la que necesita ayuda, para poder darle información general sobre casos criminales. Sin embargo, si necesita asistencia legal directa en un caso criminal en Washington, DC, le recomiendo que contacte a un abogado especializado en derecho penal a la... View More
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answered on Aug 20, 2024
The legal definition of an "occupied structure" can vary depending on the specific statute involved, but generally, it refers to a building or space where people are present or where people could reasonably be expected to be present.
A storage unit, by its nature, is typically not... View More
Summons in lieu of arrest
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answered on Aug 20, 2024
Possession of a counterfeit gaming instrument is a serious charge that can have significant legal consequences. The specific nature of the charge, such as under statute 66016, and the decision to issue a summons in lieu of arrest suggests that the authorities are treating the matter with a level of... View More
He is 18 years old. He was drunk and had a gun. Him and his girlfriend live together. But his girlfriend mom came over and when he was drunk he pulled out the gun to them
answered on Aug 19, 2024
Depending on a few more details, he could be charged with one or more of the following:
-Intoxication (Class C misdemeanor; 90 days jail; fine)
- Minor in Possession (Class B misdemeanor; 6 months jail; fine; driving suspension)
- Threatening with or using dangerous weapon... View More
A vehicle purchased via loan by Spouse B during a marriage, with loan payments made from Spouse B's own account where their income is deposited (marital funds), titled in Spouse B's name only.
NCGS § 50-20(b)(1) classifies the vehicle as marital property, making Spouse A an owner... View More
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answered on Aug 19, 2024
Parties who are considering tracking their spouses’ movements can refer to North Carolina General Statute §14-196.3(b)(5). This statute both defines the state’s understanding of an electronic device and notes that to install such a device, the installer must have their name on the affiliated... View More
We don't live together, he just wants my insight on what gun he should get
answered on Aug 18, 2024
There is in general no prohibition against either if you going to the gun shop, either together or separately. It is unclear what difference you suspect it might make that he is your child or that you don't reside together. One could go shopping with a complete stranger; again, it makes no... View More
my boyfriend was arrested yesterday during a raid the police conducted at the hour he was staying at due to the homeowner having had stolen a trailer. during this raid, they found a small baggie with methamphetamine in his pocket. he had a warrant for about 3 months for failure to appear to court... View More
answered on Aug 17, 2024
Really hard to say without knowing complete facts (e.g., how much is a "small" baggie) and what jurisdiction this is. I would expect some sort of bond to be posted; he has warrants while on probation (which he's not even been reporting to) - gonna be hard to convince a judge or... View More
I have a possession of drug paraphernalia citation and i want to know if when i go to court to plea tomorrow if they will explain to me what will happen if i plea guilty before i plea
answered on Sep 6, 2024
Good Afternoon!
If by "they", you mean the Judge or the Prosecutor, they will, but they will not give you advice on what your options are or what you should do. For that, you need a defense attorney. Do not plead guilty as there are other avenues. You do not want this to... View More
There were tenants my father was evicting, and my father and I got into a heated argument with the tenants as they had moved they had left personal Items open doors and gates because they wanted the home to get vandalized, cops would come at night because neighbors would call police letting know... View More
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answered on Aug 30, 2024
Sounds like there are lots of witnesses, self-defense issues, defense of others issues. You have the right to a jury trial. In some cases, a jury acquittal is the only route to a dismissal. In some cases, jury trial doesn't make good sense for the defendant. You need professional advice. Find... View More
answered on Aug 15, 2024
Yes, legally there is a difference, since (a) and (b) under the statute have different elements for cruelty to children in the first degree. Once you are arrested, the prosecutor evaluates the evidence to determine how and what charges you are indicted for. Afterwards, the indictment is the formal... View More
answered on Aug 15, 2024
It depends. You can always petition/motion the Court to terminate your probation early. The chances of prevailing will depend on several factors, including the circumstances that led to your "no early termination" condition (i.e., was it a "standard" condition outlined in your... View More
If not does that mean I can put that I have not been convicted on a job application?
answered on Aug 14, 2024
We don't know what your criminal record says, or what the context is. That said, deferred adjudication, by definition, is not a conviction. Deferred adjudication is when the court agrees not to convict you for the crime you've been charged with so long as you can stay out of trouble in... View More
he is 25 and i am 17 we’ve been together for a year and i did not call it in it was a traffic stop where i was bleeding and found in the car with him. he also got caught with hard drugs. i said i did not want to press charges but the state did anyways
answered on Aug 14, 2024
If by "we've been together for a year" you mean that you, then 16, and he, then 24, have been in a sexual relationship, then yes-- things can certainly get worse for him because he can be charged with various sexual crimes against a minor. I can picture the charges being aggravated... View More
The bond is set at $1 million dollars for a first time ever getting into any trouble. Has no prior record and has not seen a judge at all. Also like how much does it cost
answered on Aug 14, 2024
There is no guarantee that bond will be reduced as the result of hiring a lawyer because the bond isn't set by the lawyer, so the lawyer doesn't have the ultimate power to reduce it. That being said, a lawyer can consult with you and give you a better picture of what they believe they can... View More
I am the victim in the case and I don't want the person to go to jail/prison or get prosecuted.
answered on Aug 14, 2024
You can file what's called an "Affidavit of Non-Prosecution," which is basically you telling the DA's office/prosecutor that you aren't willingly going to cooperate in the investigation and prosecution of the crime in question, and that you would like to see the charges... View More
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