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This happened in December 2023, he was a 5 year old foster child and he's no longer the in my family's home
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answered on Jul 20, 2024
Turning yourself in for a serious crime like child molestation is a significant step, and it will have legal consequences. The authorities will investigate the case thoroughly, and this may include speaking with the victim to gather all necessary information. Since the incident involved a minor,... View More 
In 2007 my husband and my sister-in-law had an affair. Heard what I was told by a mutual friend they would speak about him getting rid of me and her getting rid of my brother, and running off together and with all my family's money. There has been numerous people involved a lot of harassment... View More
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answered on Jul 20, 2024
Given the complexity and severity of your situation, it’s essential to seek legal help immediately. For the issues involving potential crimes, harassment, and threats to your safety, contacting a criminal defense attorney with experience in personal injury and civil rights cases would be a... View More
The jail was sited with a non compliance 28 days after this incident. My son hijacked a car, led police on a 107 mile chase that ended with police shooting my son in the back. He died later that day.
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answered on Jul 22, 2024
I'm sorry for you loss. It sounds like a very painful way to lose a loved one.
There is likely an issue of sovereign immunity in this case, as it involves a government agency. This exempts agencies and their employees from being held responsible, though there are exceptions such as if... View More
my boyfriends paid lawyer advised him wrong about a plea agreement deal to get him to sign (told him they wpuld drop the PFO1 if he took 10 years at 20 percent, which was not the case. It was 10 years without possible probation/parole and charges were also enhanced by the PF01, which was also not... View More
answered on Jul 18, 2024
This seems like a serious question, and I recommend speaking to an attorney licensed to practice in Kentucky ASAP (Legal aid could probably work as well). The reason for this is even though you asked about malpractice, there could be steps your boyfriend could take to withdraw his guilty plea... View More
A person flees from an officer. The officer pursues the person. During the pursuit (running after them) the officer trips and falls and injures his hand. In michigan, can the person who flees from the officer now be charged with assault on an officer even though they didn't physically touch them?
answered on Jul 18, 2024
Yes. The proper charge is "assault / resisting / obstructing" - physical contact is not required. Anytime to assault, resist, or obstruct a lawful order made in the performance of law enforcement duties, you can be criminally charged. Presumably, the chase occured contemporaneously or... View More
I bought the backpack with my own money last year, and had no knowledge that she would be searching it. She just walked into my room, grabbed it, brought it into her own room, searched it, and shouted that she was going to call the police whenever she discovered that I had about 2 grams of weed in... View More
answered on Jul 16, 2024
Yes. If your mother discovered a bag of weed in your bag and reported that to police, police had grounds to legally search your bag.
The Anders Brief was filed on inmates appeal.
answered on Jul 16, 2024
The inmate would need to object to the failure of the attorney to comply with Rule 38 of the Texas Rules of Appellate Procedure, if applicable, and the the failure of the attorney to comply with the requirements of Anders v. California, if applicable.
Texas
answered on Jul 16, 2024
In most instances, a person accused of a crime is entitled to be released from jail pending trial upon posting reasonable bond and complying with the conditions of the bond. This right is guaranteed by the Texas Constitution.
Court sent the letter requiring him to be in court for the charge, to the wrong address so he never knew about the charge or the warrant. They're holding him in jail with no bond.
answered on Jul 16, 2024
If he's never been arraigned, he should be soon, where the judge or magistrate will set a bond. If he had been arraigned, and simply missed a subsequent court hearing, then it's a matter of addressing it with the court through a bond motion.
I would not anticipate any great... View More
He hasn't given me his plea version. The plea packet from the Prosecutor was literally lies they wanted me to plead guilty to
answered on Jul 15, 2024
You can reject the plea deal and ask that your case be set for trial or you can reject the plea deal and ask for an open plea. An open plea is where you are not accepting the plea deal offered by the prosecution but want the judge to consider specific facts and circumstances in assessing your... View More
As a result of The cities police department failure to follow up on my case, I was assaulted severely again yesterday by the same gentleman and the arresting city could not find anything in the system about the previous assault. Is the previous City liable in some way?
answered on Jul 15, 2024
I can't see how the city would be liable here. Whether this person was arrested previously for assaulting you would have no bearing on whether he did it now. Nor does the city or its police department incur a duty to provide enhanced protection for you against him. And regardless of the police... View More
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answered on Jul 12, 2024
I think you mean seize. Forfeiture Warrant should be issued quickly. But if vehicle is considered evidence, then FW is not necessary. FW will require a Bond and DOS Hearing to recover. It is a civil administrative proceeding and you will need an attorney and money. It has nothing to do... View More
Asked I was not doing anything else at all is this legal?
answered on Jul 12, 2024
Additional explanation: The police officer may be looking for someone else and may require your identification to confirm that you are not the person he is looking for. Your refusal to identify yourself then obstructs and delays his search for that person.
Asked I was not doing anything else at all is this legal?
answered on Jul 12, 2024
A person is required to identify themselves when requested by a law enforcement officer if that officer reasonably suspects that a crime has been committed, is being committed, or is about to be committed.
The officer is not required to tell you at the time what crime or why he suspects... View More
answered on Jul 12, 2024
Probably not. Federal court requires more paperwork and time than state court. $10,000 to plea a case in federal court is about right given the likely time and effort that will be required.
Because our Constitution guarantees the right to counsel to indigent defendants, pro bono legal... View More
I recently was arrested in a hospital for simple possession. The security said they were acting on a tip but could not tell me where the tip came from or what the "tip" was. The did not have a warrant until after the arrest. I did not consent to a search.
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answered on Jul 11, 2024
You will need to read the Arrest Warrant and see what probable cause for the stop, detention, search and arrest is cited. If it looks questionable, prepare for a Preliminary Hearing. Hire a competent attorney. If indicted, then the Motion To Suppress should be made at that Court.
I recently was arrested in a hospital for simple possession. The security said they were acting on a tip but could not tell me where the tip came from or what the "tip" was. The did not have a warrant until after the arrest. I did not consent to a search.
answered on Jul 11, 2024
There are a number of considerations to determine whether a warrantless search in a hospital violates the 4th Amendment. You can read the attached article:... View More
She was stopped for speeding in Jackson TN two days ago. The officer told her that she was driving with a suspended AL license of which she was unaware. Investigating, she found that AL had suspended her license because while getting a speeding ticket last year she showed the officer a picture on... View More
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answered on Jul 11, 2024
She will probably be booked, involving search, fingerprints, and mug shot. This is more convenient and cheaper than being arrested. The important thing is to take care of that DL. She needs to get all the information she can out of the issuing authority so that she has a DL and possibly get... View More
I was forced to sign up. Please bargain and charged, but i'm not guilty And I'm mentally disabled. My family and I told them that I needed special disability court, but they did not comply at all
answered on Jul 11, 2024
You can timely appeal on the basis that your plea was not entered into knowingly and voluntarily. You will need to establish through expert medical testimony. Mentally incompetent means lacking the ability at the time of your plea, based on reasonable medical judgment, to understand and... View More
I received new charges that are felonies and the state is trying to bring up charges that I plead guilty to over 35 years ago in order to give me a 25-year sentence based on my new charges is that even applicable
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answered on Jul 21, 2024
When facing new felony charges, the state can sometimes use prior convictions to enhance the sentence, depending on the laws in your jurisdiction. However, the fact that your previous charges are over 35 years old might play a role in whether they can be used against you. Different states have... View More
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