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1 Answer | Asked in Criminal Law for Virginia on
Q: Under va code 19.2-341 am i still obligated to pay fines and penalties from a felony case in 1993?

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?

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Criminal Law for Virginia on
Q: I haven’t contacted my probation officer since march bc i was scared but i haven’t violated my probation what do i do?

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

David G. Parker
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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

1 Answer | Asked in Criminal Law for Texas on
Q: I was convicted and sentenced for a Class C misdemeanor in 1998 to 20 years. I spent 23 years in prison for that.

At that time a Class C misdemeanor is/was the only Class of misdemeanor that was unable to be enhanced!!!

John Michael Frick
John Michael Frick
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

2 Answers | Asked in Criminal Law, Real Estate Law, Constitutional Law and Government Contracts for Hawaii on
Q: Are Lawyer liable for improper fraud claims?
Tim Akpinar
Tim Akpinar
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...
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1 Answer | Asked in Criminal Law and Car Accidents for Michigan on
Q: Where do I find information on plea agreement process , pro and cons, and understanding? for circuit court Macomb county

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.

Brent T. Geers
Brent T. Geers
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

1 Answer | Asked in Criminal Law for Louisiana on
Q: How do I get discovery packed from a felony conviction in 2015. (Plea deal)

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

Randy Bryan Ligh
Randy Bryan Ligh
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

1 Answer | Asked in Criminal Law for New York on
Q: If I have a broken heel and can’t walk and someone approaches to physically assault can I pull a pistol and shoot them
Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn 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...
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1 Answer | Asked in Criminal Law for Utah on
Q: My bf is incarcerated right now, they keep telling him they r waiting on the discovery to see what is further being done

What can we do to bring him home

James J. Lee
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James J. Lee
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...
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1 Answer | Asked in Sexual Harassment and Criminal Law for Texas on
Q: What do I do if someone black mailed me into nudes and now is harassing me and trying to ruin my life with them

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.

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: Blood search warrant had a typo in the name. What will happen can I sue the police department?

Stopped and arrested for dwi

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Criminal Law, Civil Litigation, Domestic Violence and Libel & Slander for Maryland on
Q: If someone filed a peace order with false statements/allegations, what should the other party do to respond?

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

Kenesha A Raeford
Kenesha A Raeford
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

2 Answers | Asked in Criminal Law, Personal Injury and Civil Litigation for Maryland on
Q: Is a commercial vehicle (semi) at fault if he hits a pedestrian in a crosswalk?

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

Tim Akpinar
Tim Akpinar
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

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1 Answer | Asked in Estate Planning, Family Law, Probate and Criminal Law for Tennessee on
Q: My step son gave my horse away, I had been given me a pair of Belgian mares to me for Christmas. Can I get him for horse

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

Diedre Wachbrit Braverman
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Diedre Wachbrit Braverman pro label Lawyers, want to be a Justia Connect Pro too? Learn 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.

1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: What rights does my minor child have when accused of committing a crime?
Brent T. Geers
Brent T. Geers
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...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Michigan on
Q: I was pulled over because my license plate number matched an out of state plate number from a stolen plate or vehicle.

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?

Brent T. Geers
Brent T. Geers
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.

1 Answer | Asked in Criminal Law for Virginia on
Q: Can you have a firearm in a house with prohibited person

Can you have a firearm in a house with prohibited person that doesn't have access to the firearm

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Criminal Law for Virginia on
Q: 1. Not on probation or parole. 2. Tier 1, on the registry. 3. Have kept registry up to date.

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

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

1 Answer | Asked in Criminal Law for Minnesota on
Q: Got pulled over and had a pistol, I was charged as a felon years ago for a non violent crime, what am I gonna get
Robert Kane
Robert Kane
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

2 Answers | Asked in Criminal Law for Minnesota on
Q: if i was convicted for a felonly in 2006 what would happen now if i get caught with a gun in mn
Julia Ziegler
Julia Ziegler
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

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2 Answers | Asked in Criminal Law for Minnesota on
Q: if i was convicted for a felonly in 2006 what would happen now if i get caught with a gun in mn
Robert Kane
Robert Kane
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

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