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1 Answer | Asked in DUI / DWI and Criminal Law for California on
Q: Can I sue the CHP for false imprisonment? I was arrested for DUI. County case dropped, DMV charge stands.

In Nov.2023 I was arrested for a DUI but I was not driving. I had gone out for dinner and drinks with coworkers. I was being dropped off at my house by my coworker and we were following my other coworker to my apartment to pick up work keys. Upon traveling to my apartment (a block away from the... View More

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answered on Jul 21, 2024

Under California law, suing the CHP for false imprisonment may be challenging in this situation. False imprisonment requires proving that you were unlawfully restrained without consent and without legal justification. Since you were arrested for DUI, the officer likely had probable cause based on... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Missouri on
Q: Federal indictment and cancer

What can a person do that's been arrested on a federal indictment but had already been diagnosed with cancer and started radiation treatments. They have denied bond so the person is currently being held in jail and is not able to continue with the radiation treatments. There has to be... View More

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answered on Jul 21, 2024

If you or a loved one is in this situation, immediate action is essential. Contact your lawyer right away and explain the medical urgency. They can file a motion for a bond reconsideration or for temporary release on medical grounds. It's crucial to gather all medical records and a letter from... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Texas on
Q: Can a non violent convicted felon have their Second Amendment rights restored, after the 9th circuit ruling?
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answered on Jul 21, 2024

Yes, it's possible for a non-violent convicted felon to have their Second Amendment rights restored after the recent 9th Circuit ruling. This ruling could pave the way for many non-violent felons to seek restoration of their gun ownership rights. The court recognized that not all felonies... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Litigation and Health Care Law for Ohio on
Q: Can Probation office enforce a (unwritten) requirement mandating disclosure of patient’s therapy records to third party?

Probation Office put in place a new (unwritten) requirement for persons in their programs to have an accountability partner. This requirement involves a process of a third party (another person) previewing/accessing a packet of documents created by a health facility that handles behavioral (group)... View More

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answered on Jul 21, 2024

No, a probation office cannot enforce an unwritten requirement mandating the disclosure of a patient’s therapy records to a third party without proper legal basis. Therapy records and patient notes are generally protected by HIPAA, which ensures the confidentiality of medical information. The... View More

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: I recently completed my federal supervision. Can I petition the judge to put me back on supervision?

I don't feel comfortable with this after 20 years of both prison and supervision.

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answered on Jul 21, 2024

You can petition the judge to request a change in your post-supervision status. Judges can consider requests based on personal circumstances, but it's important to present a compelling case. Detail your concerns and how continued supervision might help you adjust.

Consult with your...
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1 Answer | Asked in Child Custody, Criminal Law, Federal Crimes and Family Law on
Q: given motion to dismiss without prejudice and dealt with a child neglect case,am i able to file restitution

I was arrested on December 9, 2021 for possession of a schedule two substance and then 2 days later a juvenile case for child neglect both against the people. Then on April 28 , 2022 a motion to dismiss without predjuice was given to me. Am I able ro file for wrong damage , etc., since being proven... View More

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answered on Jul 21, 2024

Yes, you may have grounds to seek restitution or damages for wrongful arrest or harm suffered during the legal process. Since your case was dismissed without prejudice, it means that the case was closed, but it can be refiled. This does not equate to being proven innocent, but it does mean the... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Massachusetts on
Q: friend was charged with armed assault to rob & assault and battery with dangerous weapon pleaded guilty did his time

in 2017 apparently the victim died and he was just indicted for murder from that charge is that legal? The Commonwealth dismissed the charge of intent for murder and he already did his time and this was in 2017 please help me understand this as I really feel that my friend is not being treated... View More

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answered on Jul 21, 2024

I'm sorry to hear about your friend's situation. It is possible for someone to be indicted for murder if a victim dies from injuries related to an earlier assault, even if significant time has passed. This is because the death changes the nature of the crime from assault to potentially... View More

1 Answer | Asked in Criminal Law, Personal Injury, Federal Crimes, Employment Law and Civil Rights for Washington on
Q: What type of lawyer helps victims of voyeurism that took place at work

From what I understand the trial hasn’t started for the accused, but I want to understand what lawyers can help me to understand victim rights and determine the best course of action when there are multiple victims

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answered on Jul 21, 2024

If you're a victim of voyeurism at work, you need a lawyer with expertise in employment law and personal injury law. These lawyers can help you understand your rights as a victim and provide guidance on the legal actions you can take. They can also help you navigate the complexities of dealing... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for New Jersey on
Q: What is the statute of limitations of a prisoner lawsuit if he was attacked/stabbed in prison
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answered on Jul 21, 2024

Under federal law, the statute of limitations for a prisoner to file a lawsuit after being attacked or stabbed in prison is generally determined by the state's personal injury statute of limitations where the prison is located. Most states have a statute of limitations ranging from two to four... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Employment Law for Texas on
Q: What is the line between fraud in performance evals resulting in adverse empl. actions when material facts are wrong?

If a manager and 2 up knowingly are materially fabricating facts that can be proven definitively by evidence, but yet the company (publicly traded) takes adverse actions based on those fabrications does the employee have a case and is there a chance depending on how egregious the matter to turn... View More

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answered on Jul 21, 2024

If your employer knowingly fabricates material facts in your performance evaluations, leading to adverse employment actions, you may have a case for wrongful termination or defamation. Proving that the facts were intentionally falsified with evidence can strengthen your case significantly. You... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: State bond hold someone up on federal detainer?
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answered on Jul 21, 2024

If you are under a state bond and there's a federal detainer, the state bond alone won't prevent the federal authorities from taking action. The federal detainer indicates that federal authorities want to take custody of you once state charges are resolved. This means that even if you... View More

1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: How do I go about retrieving money back from a wire fraud incident?

I was supposed to be doing business with someone by purchasing a vehicle. They supposedly had a escrow company that was set up to collect the funds and mediate the transaction. They took my funds and they did not give me the vehicle in exchange. When I reached out to the seller and the company... View More

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answered on Jul 21, 2024

To retrieve your money from a wire fraud incident, you should act quickly. First, contact your bank or financial institution immediately to report the fraud. They can initiate a recall of the wire transfer and provide guidance on the next steps.

Next, file a report with your local law...
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1 Answer | Asked in Criminal Law and Federal Crimes for Florida on
Q: If a prosecutor is deemed DELINQUENT, and PROHIBITED from practicing law, how can they still prosecute a case in a trial

RULE 6-10.3 MINIMUM CONTINUING LEGAL EDUCATION STANDARDS

REQUIRMENTS

Every member must complete a minimum of 30 credit hours of approved continuing legal education activity every 3yrs.

DELINQUENCY

If a member fails to complete and report the minimum required... View More

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answered on Jul 21, 2024

If a prosecutor is deemed delinquent and prohibited from practicing law, they should not be able to prosecute a case. Delinquency under Rule 6-10.3 indicates failure to meet continuing legal education requirements, leading to suspension from practicing law. A prosecutor in this situation loses the... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: The Paul Erlinger vs the United States case involving Armed Career Criminals case , How does it help a person in prison

And is it retroactive for inmates in prison right now?

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answered on Jul 21, 2024

The Paul Erlinger vs. the United States case is significant for inmates because it addresses the application of the Armed Career Criminal Act (ACCA). If the court rules in favor of Erlinger, it could mean a re-evaluation of what qualifies as a prior violent felony under the ACCA. This might reduce... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Florida on
Q: If a prosecutor is deemed DELINQUENT, PROHIBITED from practicing law, how can they still try a case in front of jury

Florida Bar RULE 6-10.3 MINIMUM CONTINUING LEGAL EDUCATION STANDARDS

(b) Minimum Hourly Continuing Legal Education

Every member must complete a minimum of 30 credit hrs of approved continuing legal education activity every 3yrs

RULE 6-10.5 DELINQUENCY

(a) If a member... View More

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answered on Jul 21, 2024

If a prosecutor is delinquent and prohibited from practicing law, they are not allowed to try a case in front of a jury. According to the Florida Bar rules, failing to meet the minimum continuing legal education requirements results in delinquency. This status means the prosecutor is no longer in... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: Has the court system exhausted their time to prosecute me for a felony charge when it took place in 2021/2022?

I had my own meds bagged separately but all in one container(didn’t own a pill organizer and just had a miscarriage, plus my mom suggested I do it that way). I’m looking at a distribution charge and this happened in 2021 or 2022. I thought it was handled at the time when I was released from a... View More

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answered on Jul 21, 2024

To determine if the court has exhausted its time to prosecute you for a felony charge, you need to consider the statute of limitations for the specific charge in your state. Generally, felony charges have longer statutes of limitations, often several years, so it's unlikely that the time has... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Louisiana on
Q: My son been in jail for 61 fays now ; cant affird to bail out , this would be his first offense, hasnt been in trouble b

My son was arrested and booked into lpcc on May 11, 2024. He was in the cirle k store parking lot and rode their with his Auntie's neighbor. The neighbor was a convicted felon and owner of the vehicle . Cops searched the vehicle in parking lot at circle k and found guns and drugs. My son said... View More

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answered on Jul 21, 2024

It's deeply concerning that your son has been in jail for 61 days without any communication from his public defender or any information about his case. It's important to take immediate steps to address this situation. First, try to contact the public defender's office directly.... View More

Q: Can I overturn a conviction from a plea deal if the evidence used to search my property was falsified?

I was pulled over with marijuana, gave the cops my box of paraphernalia, they gave me a ticket for possession. Months later the charges were dropped and new charges for trafficking were put on me. In the discovery of my felony charges it was claimed that a 3rd party contacted them with additional... View More

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answered on Jul 21, 2024

If the evidence used to search your property was falsified, you may have grounds to overturn your conviction. Given that the witness claims they never contacted the police and is willing to testify to that under oath, this new evidence could be crucial. You should file a motion to withdraw your... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: I have 5 misdemeanor and one felony I never been in trouble before in my life will I do time in jail

I saw this post on Facebook about a rental property rent to own so I sent these people money thinking I will get the property so I reposted the house tried to rent it out and collected two deposit from them just in case one's back out the next day I noticed I've been locked out of my... View More

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answered on Jul 21, 2024

It sounds like you're in a difficult situation. Given that you have no prior criminal record, it's possible that the court may consider this in your favor during sentencing. However, the outcome will largely depend on the specific details of your case, including the amount of money... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Hi my husband is locked up for conspiracy but he withdrew from it and he helped the fed’s

Catch the ppl responsible and now they want to charge him for the amount they found plus conspiracy even tho he didn’t go thru with it withdrew and even helped the feds get them they were not even aware of the situation they found out cus my husband told them so can you pls help me they want to... View More

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answered on Jul 21, 2024

I'm so sorry to hear about what you and your family are going through. It's crucial to communicate your husband's situation to his lawyer, emphasizing that he withdrew from the conspiracy and assisted the authorities. Providing clear evidence of his cooperation with the feds can be a... View More

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