Get free answers to your Criminal Law legal questions from lawyers in your area.
Your current state is Ohio
I was convicted in 1993 of a felony, under code 19.2-341 after 20 years im no longer required to pay those fines, but the code has since changed, am i still under the guidelines of the old code? From when i was sentenced?
answered on Aug 14, 2024
As you correctly point out, at the time of your conviction the government was limited to a period of 20 years for the recovery of unpaid fines/penalties. The law prohibits "ex post facto" laws that update penalties and punishments after the fact. On the other hand, "procedural"... View More
I was out on probation for shoplifting alcohol at college. my probation officer said i only needed to come to a few meetings since i would be leaving to go back home in a month. I went to 2 then slept through the 3rd and she called me wanting to reschedule but i never contacted her because i was... View More
answered on Aug 14, 2024
The best thing you can do is to contact your probation officer as soon as possible. Probation officers have discretion on whether to report a violation to the trial court and so it is in your best interest to re-establish contact. With any luck, you can smooth things over with your probation... View More
At that time a Class C misdemeanor is/was the only Class of misdemeanor that was unable to be enhanced!!!
answered on Aug 13, 2024
You should have retained an attorney who practices in the area of criminal appeals. In 1998--as is still true today--a conviction of a Class C misdemeanor does not carry a jail or prison sentence. An appeal asserting that you received a sentence outside of the range of punishment for the offense... View More
answered on Aug 13, 2024
A Hawaii attorney could advise best, but your question remains open for a week. Do you mean a claim based on factually fraudulent evidence, that the attorney knows to be false? Yes
Or do you mean a claim against a defendant that the attorney is basing on a theory of fraud (as in a... View More
I am looking for information to help myself and my friend who has a court appointed lawyer for serious criminal charges. He is more than likely going to be offered a plea...I'm looking for information so ,my friend knows what options could be offered and knowing his rights.
answered on Aug 13, 2024
It's a negotiation, like any other wheelin' and dealin', except when it comes to the criminal process there are two parts: the charge(s) and the sentencing. You must take an honest, objective look at the facts at hand: what can the prosecutor prove. This is where lawyers come in... View More
I was convicted of a felony in 2015 and released in 2018. I am now looking into my options for post conviction reliefe or appeal. I have contacted an attorney but they want 5k just to do a case investigation. How do I go about getting the discovery of my case? I'd like to have a better... View More
answered on Aug 12, 2024
You can go to custodian of records and ask to see your file and see if the discovery is in the file. If the discovery is not in the file then you might be able to make a public records request to the DA's office. The custodian of records is usually the Clerk of Court in the parish in which... View More
answered on Aug 10, 2024
In New York, the use of a firearm for self-defense is governed by specific laws. Here are some key points to consider:
1. **Self-Defense Laws**: New York law permits the use of reasonable force to protect oneself from imminent harm. However, the use of deadly force (such as shooting... View More
What can we do to bring him home
answered on Aug 9, 2024
Sorry if this answer is too late.
This largely depends on what stage of the process he is in. If I assume he was arrested recently and is in the beginning stages, he may be in custody for a few days till they officially file charges against him. There's a good chance they will release... View More
They know all of my personal information and even somehow figure out who I’m friends with at my college I’m about to start at that they would have no way of knowing. I’m currently 18 but was a minor when all of the original blackmail to recive the nudes they have took place.
answered on Aug 9, 2024
Federal law prohibits the production, distribution, reception, and possession of an image of child pornography using or affecting any means or facility of interstate or foreign commerce. Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor... View More
Stopped and arrested for dwi
answered on Aug 8, 2024
A typo does not necessarily invalidate a warrant. Generally speaking, you cannot sue police for stopping you and arresting you for DWI even if you are ultimately found not guilty. Theoretically, you could sue if you can show the officer knew you from outside of his occupation as a police officer... View More
I got served with a peace order in the evening hours of Friday July 12th. On the peace order there was already a hearing for this morning Monday July 15th at 9am at the Silver Spring, MD court house. I live in Gaithersburg and since I had got served late Friday I did not have time to talk or reach... View More
answered on Aug 6, 2024
Go to court and represent your defense. Gather your information and organize your reasoning for the false statements. However, it is important to keep in mind that the court will be weighing the evidence in the light most favorable to the person requesting the peace order. This means that your... View More
If a commercial vehicle (semi) hits a pedestrian (fatal) in a crosswalk after coming to a complete stop, with expired tags (3yrs expired) while turning on a residential road that has posted no trucks over 3/4 ton, automatically responsible if the pedestrian followed all the rules and laws for... View More
answered on Aug 11, 2024
An attorney could offer more in-depth insight with the police report and additional details. I'm very sorry for the loss of life of the pedestrian. A likely citation could be "Failure to Yield" to a pedestrian in a crosswalk. But that's without knowing details, such as whether... View More
theft. My husband sent numerous emails to people that he knew telling them about this. With a picture of me and the horses. During and after my husbands death, the step son has repeatedly sold off everything left to me in the will. He has since given my horse to someone else. I had tried moving... View More
answered on Aug 2, 2024
You need to file a police report for the theft of your horse and the tracking device he put on your vehicle. Tell the cops everything he has done to harass you. You may get a restraining order. He may go to jail.
answered on Aug 2, 2024
Minors have substantially similar Constitutional rights as adults. That means if your child is accused of a crime by police, they should be instructed, as adults should as well, to 1) remain silent and 2) request an attorney (and their parents).
Just like adults, what your child says in... View More
This traffic stop consequently led to further legal action taken by the officer which has the potential for dismissal if the reason for the stop was invalid. Was this an invalid traffic stop?
answered on Aug 1, 2024
Worth a short but unlikely. The fact of the matter is that case law supports the proposition that police may be wrong if acting in good faith. I could very easily see an officer testify, and a judge believing, that just seeing the number match a known stolen plate is sufficient for a traffic stop.
Can you have a firearm in a house with prohibited person that doesn't have access to the firearm
answered on Aug 1, 2024
Yes. Another person's loss of firearm privileges does not eliminate your own. That being said, you will want to make reasonable efforts to ensure that the firearm remains outside of their possession and that it is not readily accessible by the prohibited person.
4 Had a state police officer show up today and I am in another state helping a friend fix his house. This is not a job but a favor. Fiance who opened door was asked if I live there, I do. Cop wanted to know where I was, this was a home check. She told him off in TN helping a friend for a few days.... View More
answered on Aug 1, 2024
The Registry Act focuses on keeping your "residence" up-to-date with Virginia authorities; it doesn't have any obvious prohibition on temporary movement outside of the Commonwealth to another state. There is a statutory registration requirement within 3 days for people coming into... View More
answered on Jul 28, 2024
Quite often individuals ask in this forum (and similar online forums): how much jail/prison time am I going to do for my crime or other penalties? Frankly, we have no idea. It depends on many factors. (e.g. specific charges, defenses, evidence, criminal record, legal representation, place where... View More
answered on Aug 22, 2024
If you are prohibited from possessing a firearm due to a prior felony charge, being caught with a felony could result in a charge for unlawful possession by an ineligible person pursuant to Minnesota Statute 624.713. This is a serious felony charge which carries significant prison time. However,... View More
answered on Jul 28, 2024
Quite often individuals ask in this forum (and similar online forums): how much jail/prison time am I going to do for my crime or other penalties? Frankly, we have no idea. It depends on many factors. (e.g. specific charges, defenses, evidence, criminal record, legal representation, place where... View 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.