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Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Arizona on
Q: Can I hire a private attorney for a plea agreement that is simply like "everyone else's"?
Zalman  Sapad
Zalman Sapad
answered on Jul 27, 2024

Everyone has a right to an attorney--if they want to pay for it.

If you can't pay for it, you usually just go with whichever contract attorney or public defender is assigned to your case.

Many folks choose to hire a private counsel for a 2nd opinion on a plea offer. Another...
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1 Answer | Asked in Criminal Law for Arizona on
Q: I got arrested for third degree trespassing and the officer wrote the wrong year for the date of the offense can dismiss
Zalman  Sapad
Zalman Sapad
answered on Jul 27, 2024

If the case goes to trial and the prosecutor does not realize that the citation or charging document contains the incorrect year -- that is a dismissal at trial.

A skilled defense attorney can find a way to use this. It is common for the prosecutor to realize the "technical...
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1 Answer | Asked in Domestic Violence and Criminal Law for Arizona on
Q: what if the “victim” Later admits that he consented After Other party is charged

Class 5 felony unlawful distribution of images

Zalman  Sapad
Zalman Sapad
answered on Jul 27, 2024

A.R.S. 13-1425 does not have necessarily require a lack of consent in order for someone to be found guilty of unlawful distribution of images.

The main question is if the "victim" had a reasonable expectation of privacy for that image. As a defense you could introduce evidence...
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1 Answer | Asked in Civil Litigation and Criminal Law for Arkansas on
Q: Is there such thing as failure to appear court?
Tim Akpinar
Tim Akpinar
answered on Jul 27, 2024

An Arkansas attorney could advise best, but your question remains open for two weeks. In a criminal law context, failing to appear without plausible justification could lead to additional charges - that's something an Arkansas criminal defense attorney who is knowledgeable in this area should... View More

1 Answer | Asked in Criminal Law for California on
Q: How will they check up on my classes during an early termination hearing?

I have been doing a class during probation but have been struggling with it. It’s at your own pace with no instructor to talk to.

Will the da go to the school and find out about how I’m doing and ask about me, or will they just want some proof from me that I’ve been doing the course... View More

James L. Arrasmith
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answered on Jul 26, 2024

During an early termination hearing, the court will likely require proof that you've been participating in your class as part of your probation conditions. This proof can typically be provided through official documentation from the school or program. The District Attorney (DA) will not... View More

1 Answer | Asked in Criminal Law for Texas on
Q: What can happen to me for dumping trash

I was helping my son earn money and he had to haul some trash. I wasn't sure what to do with it and was afraid to burn it so I drove and my son threw it off the truck in a pile on the side of the road.

John Michael Frick
John Michael Frick
answered on Jul 26, 2024

You can be cited and charged with illegal dumping which ranges from a Class C Misdemeanor if the quantity was less than 5 pounds and less than five gallons all the way up to a state jail felony if the quantity was 1,000 pounds or more or had a volume of 200 cubic feet or more. At the bottom end,... View More

1 Answer | Asked in Criminal Law for Texas on
Q: My cousins truck was stolen. What do I do he's in jail and I have no vin # or title just a picture of the license plate.

The truck was stolen Wednesday July 24th 2024.

John Michael Frick
John Michael Frick
answered on Jul 26, 2024

You should call the police and report the vehicle as stolen using the license plate number and giving them your cousin's name. Vehicle registration records will tell police the VIN.

You should visit or write your cousin to determine who his insurance company is and assist him in...
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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: If you're arrested in retaliation for filing a complaint, how do you present that during your case/trial to the court?

I had a warrant out for the past 5 years that the sfpd ignored, never acting on it. 1 month after filling complaint about an officer who filed my 2016 vehicular assault as a 'traffic collision' I then suddenly get arrested for the warrant and the first cop to greet me at the station is... View More

James L. Arrasmith
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answered on Jul 25, 2024

To present your case effectively in court under California law, you should first gather and document all relevant evidence. This includes keeping copies of your complaint, any correspondence, and notes about your interactions with the police, especially the officer you filed the complaint against.... View More

1 Answer | Asked in Criminal Law for California on
Q: We had n iron clad prenup “no guns” after 10 years step father, snuck a gun in 5’ away from him, he suicided

But three days bf he died he came to get me wanting to tell me something he said “if Dave ever hits you or me, or one of the little kids I’m going to take his gun and blow his head off, he said, “Mom when you go to work at night he comes and wakes us up and makes us go out into the garage... View More

James L. Arrasmith
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answered on Jul 25, 2024

I'm so sorry you're going through this. In California, determining whether a death qualifies as negligent homicide involves evaluating whether someone acted in a way that was reckless or careless, leading to another person's death. For your son's case, it would need to be proven... View More

2 Answers | Asked in Criminal Law and Identity Theft for Massachusetts on
Q: If my property is stolen/ID thefted, could it be used as court evidence by someone else, such as an impersonator?

I am not worried that it could be used against me, but more that someone else, possibly pretending to be the owner of the materials would use it in their own case.

James L. Arrasmith
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answered on Jul 26, 2024

If your property is stolen or your identity is used by someone else, it can be concerning to think about how it might be used. In court, evidence must be authenticated, meaning the court has to be convinced that the evidence is what the person presenting it claims it to be. If someone is... View More

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2 Answers | Asked in Criminal Law and Identity Theft for Massachusetts on
Q: If my property is stolen/ID thefted, could it be used as court evidence by someone else, such as an impersonator?

I am not worried that it could be used against me, but more that someone else, possibly pretending to be the owner of the materials would use it in their own case.

Bao Tran
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Bao Tran
answered on Jul 25, 2024

If your property or identity is stolen, it could potentially be used as evidence in court by an impersonator. However, the legitimacy and admissibility of such evidence would depend on various factors, including the ability to prove the theft and the identity of the true owner.

Intellectual...
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1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Libel & Slander for California on
Q: What lawyer do you need for malicious prosecution and using falsified document to prosecute

False statements used to use law enforcement to prosecute and file emergency restraining order in court to prosecute.... after defending myself and clearing myself of the false charges... how do I have the courts pursue prosecuting the person filing the false statements.

James L. Arrasmith
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answered on Jul 24, 2024

To address issues of malicious prosecution and falsified documents used against you, you need to consult with a lawyer experienced in criminal defense and civil litigation. They can guide you through the process of gathering evidence and filing a lawsuit for malicious prosecution. This lawyer will... View More

1 Answer | Asked in Criminal Law for California on
Q: If I'm only supposed to be tested weekly for only alcohol, what can I do if I'm now getting drugged tested?

My case is in san mateo county. This is my first offense.

James L. Arrasmith
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answered on Jul 24, 2024

If you were informed that you would only be tested for alcohol and now you're being drug tested, it's important to address this discrepancy promptly. You should review any documents or agreements related to your case to confirm what was originally stated regarding the testing... View More

1 Answer | Asked in Criminal Law for California on
Q: can 'non violent' felons in NY state with 'certificate of relief from disabilities' purchase firearm in California?
James L. Arrasmith
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answered on Jul 24, 2024

In California, firearm laws are very strict. Even if you have a Certificate of Relief from Disabilities in New York, it doesn’t automatically grant you the right to purchase a firearm in California. California law imposes its own restrictions on firearm ownership for felons.

You must...
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1 Answer | Asked in Criminal Law and International Law for California on
Q: How can the documents received as reply to a discovery following a court order by certified/notarized/apostilled?

Hello, I want to find out that if an institute has been subpoenaed to provide relevant documents to an attorney representing a client, and the same have been sent to him on email, how can we get these documents certified/notarized/apostilled to be used as legal documents in a foreign country? The... View More

James L. Arrasmith
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answered on Jul 24, 2024

To get the documents certified, notarized, or apostilled, you should first print the documents received via email. Once printed, take the documents to a notary public in California. The notary can certify the authenticity of the documents by adding a notarial certificate.

If you need the...
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1 Answer | Asked in Immigration Law and Criminal Law for California on
Q: I got a citation for 594(a) Misdemeanor. I am on H1B visa, will it affect my H1b renewal visa stamping(case pending) ?

I got a citation in California for 594(a) Vandalism Misdemeanor. I am on H1B visa.

This is my first ever crime in my life. The case is still pending. I wasn't arrested neither I am convicted (case/charge pending). My wife is on H4 visa and we are planning to visit India for h1B visa... View More

James L. Arrasmith
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answered on Jul 24, 2024

Dealing with a citation for a misdemeanor vandalism charge while on an H1B visa can be stressful. Since your case is still pending and you haven't been convicted, it might not immediately affect your H1B visa renewal stamping. However, visa officers have discretion, and they may consider the... View More

Q: I have no money and currently suffering from brain leasons and serve brain detairation due issue beyond my control.

I fall underneath four major complaints, within the actual scope of protection both medical and emotional! As major injury suffered only 3 months after original placement both suffering physically,mentally, emotionally had been only of the 1st of 6 major contributors of all four federal... View More

James L. Arrasmith
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answered on Jul 23, 2024

Under California law, you have several rights and protections that can help you address these issues. Medical neglect, sexual misconduct, and other forms of abuse are serious matters that the law takes very seriously. If you have suffered harm due to the actions or negligence of medical... View More

Q: The USMC owes me 100 federal days of jail time 49 were solitary with no sunlight . 2 human rights violations as well

I was illegally handcuffed in front of battalion by a 1st Sergent not a MP

( Illegal citizen arrest . He was demoted after court )

They took me to the brig with no orders and thru backdoor I only got one meal a day and no sunlight and other things guards did

James L. Arrasmith
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answered on Jul 22, 2024

It sounds like you’ve been through a very difficult and unfair situation. To seek justice and address these violations, it's crucial to gather all the documentation you have related to your detainment, the conditions you endured, and any communications or orders you received during that... View More

1 Answer | Asked in Civil Litigation and Criminal Law for California on
Q: DollarTree had me leave my bag up front and it ended up getting stolen...

Talked to corporate they basically said it wasnt on them and i chose to leave my bag there...my fathers ashes was indide of my bag

James L. Arrasmith
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answered on Jul 22, 2024

I'm really sorry to hear about your situation. Losing your father's ashes must be incredibly difficult. When you were asked to leave your bag at the front, it created a situation where the store may hold some responsibility for its security.

First, you might want to document...
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1 Answer | Asked in Criminal Law and Immigration Law for California on
Q: 11 year old Misdemeanor petty theft reduced to infraction charge. Pleaded No Contest. Can it still be expunged?

After i turned 18, about 11 years ago. I was charged for a misdemeanor for petty theft by my employer for a $30 shirt. we were required to wear an orange shirt but i never owned one coz i didnt like the color. I ended up trying one out in the fitting room and wearing it throughout my shift, and... View More

James L. Arrasmith
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answered on Jul 22, 2024

Yes, you can potentially have your infraction expunged in California. Since it has been over 11 years, and considering you pleaded no contest and paid the fines, you meet some of the basic eligibility requirements for expungement under California law.

Expunging your record can provide...
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