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1 Answer | Asked in Criminal Law and Public Benefits for Virginia on
Q: question about me being a possible accomplice or accessory to a crime?

If I cohabitated with a domestic partner and they did not include me or my income on the ebt/welfare application, can I get in trouble if I report her after the fact. I knew she did it but I didn’t make enough to support all of us so I turned a blind eye. I did not submit the application but she... View More

David G. Parker
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answered on Jul 8, 2024

An accessory before the fact in a felony is punished the same as the principal offender. To prove it, there must the commission of a crime by the principal, the accessory's absence at the commission of the offense, and (before the commission of the crime) the accessory was in some way... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: I'm listed as 5'10 and 260lbs,reality is I'm over 6'4 about 190. Also my middle is incorrect. Can case be dismissed?
James L. Arrasmith
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answered on Jul 21, 2024

It's possible to have your case dismissed due to errors in personal information, but it typically depends on the nature of the case and the specific errors involved. Incorrect details like height, weight, and middle name might not be sufficient grounds on their own. However, they can be... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: I'm listed as 5'10 and 260lbs,reality is I'm over 6'4 about 190. Also my middle is incorrect. Can case be dismissed?
John Michael Frick
John Michael Frick
answered on Jul 8, 2024

If the identity of the individual who committed the crime is in dispute, the discrepancy in the physical description could be powerful evidence in securing an acquittal. But, standing alone, that is not strong enough to secure a pretrial dismissal in the absence of other evidence that they... View More

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1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Texas on
Q: Am I able to sue my c.l.husband, his dad, his friends for stealing , trashing and ruining my belongings while I was out

Of town? Then to keep me from filing criminal charges for what they had done my c.l. husband had sent me pictures of a 2015 Dodge Challenger Hellcat SRT with the 6.2 supercharged engine in it and told me that it was mine all mine he hoped I loved it. He has refused to give me the title for it all... View More

John Michael Frick
John Michael Frick
answered on Jul 8, 2024

You can file a divorce proceeding against your husband and include these claims in your divorce proceeding. You should contact an experienced attorney who practices in the area of family law or divorce in or near the county where you and your husband live.

You don't mention exactly...
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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for New York on
Q: Can I be arrested by local cops if an altercation happened on Indian owned land?

Feb 24th I went to the Native American owned gas station. Got gas. Went to a regular store to get cigarettes and my card was declined because the Indian gas station put a hold on my card. I went back to the gas station asked why they put a hold on my card and they said it was my bank not them. But... View More

James L. Arrasmith
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answered on Jul 21, 2024

Yes, you can be arrested by local law enforcement even if an altercation happens on Native American owned land. Tribal land has a unique legal status, and the jurisdiction can be complex, involving tribal, federal, and sometimes state laws. However, local law enforcement often has agreements with... View More

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for New York on
Q: Can I be arrested by local cops if an altercation happened on Indian owned land?

Feb 24th I went to the Native American owned gas station. Got gas. Went to a regular store to get cigarettes and my card was declined because the Indian gas station put a hold on my card. I went back to the gas station asked why they put a hold on my card and they said it was my bank not them. But... View More

Aubrey Claudius Galloway
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answered on Jul 8, 2024

My initial answer is that local police do not have the power (lack of jurisdiction) to arrest you for this, but there are complexities in the law. Here is my attempt to explain them.

The ability of local police to arrest someone for an alleged crime like assault that occurred on Native...
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1 Answer | Asked in Criminal Law, DUI / DWI and Health Care Law for Texas on
Q: I have myofascial syndrome and because the officers didn't like my answers they decided it was narcotics and threw jail

They didn't find anything in purse. On me or in vehicle. Need a lawyer to defend me in court. I took blood test and shouldn't have been arrested. I was stressed and confused which is a symptom of my disease

Justin Barrett Wilson
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Justin Barrett Wilson
answered on Jul 5, 2024

Sadly I have seen many DWI arrests take place when officers misinterpret a physiological or neurological condition as intoxication. While I completely understand your frustration about the situation, I can hopefully shed some light on the situation for you.

First of all, your case points...
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2 Answers | Asked in Domestic Violence, Criminal Law and Federal Crimes for Colorado on
Q: What do I do if I (the victim) of DV case believe that the perpetrator is being offered an unfair sentence

My boyfriend had been arrested and gone to jail for numerous DV crimes including; battery, assault, arson. He had numerous felonies for violent offense and now after a second violent offense with me is being offered probation with no jail time. This does not make sense to me, what do I do if I... View More

James L. Arrasmith
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answered on Jul 21, 2024

If you believe the perpetrator is being offered an unfair sentence, you should reach out to the prosecutor handling the case. Express your concerns about the leniency of the proposed probation, especially considering his history of violent felonies. Providing specific details about the impact of... View More

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2 Answers | Asked in Domestic Violence, Criminal Law and Federal Crimes for Colorado on
Q: What do I do if I (the victim) of DV case believe that the perpetrator is being offered an unfair sentence

My boyfriend had been arrested and gone to jail for numerous DV crimes including; battery, assault, arson. He had numerous felonies for violent offense and now after a second violent offense with me is being offered probation with no jail time. This does not make sense to me, what do I do if I... View More

Kimberly Diego
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answered on Jul 5, 2024

As the victim in the case you do have rights under the VRA. You have the right to appear at his next court hearing and tell the Judge that you disprove of the resolution and why you disprove. In some instances, but not all, this can mean the Judge rejects the agreement of the parties.

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1 Answer | Asked in Criminal Law for Michigan on
Q: How/why would a prosecuting attorney for criminal court move forward with charges on a he said/she said case?

There is no evidence, no witnesses. Just the statement from the alleged victim and police cam of each, and police report (that's not accurate in several areas when watching the video and reading the report side by side). The discovery trial happened, that's ALL they had. Now, there is... View More

Brent T. Geers
Brent T. Geers
answered on Jul 5, 2024

Work with your attorney. The fact of the matter is that a person's testimony IS evidence. Certainly, the prosecution would love corroborating physical and direct evidence (e.g. video), but that's not usually the case. And they can proceed to trial without anything else if they believe the... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: If a piece of evidence was inadmissible at the time of arrest can the prosecutor bring it in at arraignment?

Both the prosecutor and the judge believed that this this pieceof inadmissible evidence was actually admissible . This came out in court 4 yrs. Later before trial. This was held against the defendant during the whole court process.

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

The concept of "admissibility" only pertains to evidentiary hearings and trials. An arrest is not an evidentiary hearing or trial. There is no judge or jury to consider the evidence. You can view "admissibility" as whether something is "admitted" for consideration... View More

2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: If someone is under investigation how long can they be held in jail?

My brother is in jail on a drug charge the DA isn't accepting any pleas due to him being part of an ongoing investigation, how long can they prevent him from finishing up the charges he is being held in jail for? They keep resetting him rather than offering him anything and letting him sign... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

At any time, even without a plea bargain in place, your brother can enter a plea of guilty and ask to be sentenced by the court. This is called an "open plea." The judge will then determine his punishment within the range of punishment for the offense and he will receive credit for the... View More

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1 Answer | Asked in Criminal Law for Michigan on
Q: Can I really be charged for a Auto theft felony under the circumstances? Yes I abused the Privilege but it was not theft

Was renting a uhaul truck consistently for approx 6 months for Business. Although uhaul's policy is to check in &/or return every 24hrs. They have consistently let me breach the actual contract terms. So, I would always go days & weeks without contact before I check in with them, catch... View More

Brent T. Geers
Brent T. Geers
answered on Jul 3, 2024

You absolutely can be criminally charged. Just because they let you go for awhile doesn't mean they can't at some point file a police report that initiates charges. The lack of contact is probably why. Also, UHaul probably has internal policies that even though the GM may know your... View More

1 Answer | Asked in Car Accidents, Criminal Law and Animal / Dog Law for Indiana on
Q: I got into an accident may 25/26 got incarcerated for 8 days. My dog was taken from accident my animal control.

On the paper work says nothing about euthenization but they keep telling ne she was. My strong belief is they adopted or fostered her out. That is my dog I need her she is federally registered ESA Mine Noone else's. They keep lieong to me and the story changeds I have been there numerous time... View More

James L. Arrasmith
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answered on Jul 2, 2024

I'm sorry to hear about your difficult situation. It sounds like you've been through a traumatic experience and are very concerned about your dog. Let's break this down and consider your options:

1. Documentation: First, gather all paperwork related to your dog, including her...
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1 Answer | Asked in Criminal Law for California on
Q: how to search if someone has filed a complaint on me

we are two co founders and were having a chat and during a heated argument had shouted hes an assh** and other words that followed dont remember .now he claims to have filed anincident report with san francisco or san jose police. could someone help me to how to search this so i can be prepared... View More

James L. Arrasmith
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answered on Jul 2, 2024

To address your question about searching for a complaint filed against you:

1. Contact local police departments:

You can try contacting the San Francisco and San Jose police departments directly. Explain that you believe a complaint may have been filed against you and ask if they...
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1 Answer | Asked in Federal Crimes, Juvenile Law and Criminal Law for California on
Q: My love one in jail has an old case and he never been convicted of and the prison is denying him contact visit

My love one in jail has an old case and he never been convicted of and the prison is denying him visit of contact visit with a minor they are holding him to an old case when he was a juvenile how can we get him approve for contact visit with minors

James L. Arrasmith
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answered on Jul 2, 2024

Under California law, if your loved one is being denied contact visits with minors due to an old case from when he was a juvenile and has never been convicted, there are steps you can take to address this issue. Start by requesting a review of his visitation status through the prison's... View More

1 Answer | Asked in Criminal Law for California on
Q: Is there any way that I can destroy my old record I have 2 misdemeanors and it happened 2012?

I have them expunged/ dismissed but since I'm working for a care facility it will still show up in my background. I just want it to be totally removed from any government agencies. Help me pls.

James L. Arrasmith
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answered on Jul 1, 2024

I understand you're looking to completely remove your past misdemeanors from your record. Here's some key information about record destruction in California:

1. Expungement vs. Destruction: While you've had the records expunged/dismissed, this doesn't erase them...
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1 Answer | Asked in Car Accidents, Criminal Law and DUI / DWI for Washington on
Q: what if you have no prior offenses and crash your car total it drunk and totally a mercedes’ in the state of washington
Tim Akpinar
Tim Akpinar
answered on Jul 1, 2024

A Washington criminal defense attorney could advise best, if you need to discuss any charges. Your question probably remained open because car accident attorneys (the chosen category) deal more with civil damages (money for injuries or vehicle damage). You could reach out to criminal defense... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law, Juvenile Law and Family Law for California on
Q: What began as a runaway teen turned into abduction when she returns home. How do I get the police to make arrest?

My daughter ran away, but upon returning home the following day my son's ex manipulates her by saying she was not allowed to come back home. She tells my child if someone sees her cps and police will be called to take her away. The ex girlfriend then relocates her to another location,... View More

James L. Arrasmith
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answered on Jul 1, 2024

1. Document everything: Compile all evidence, including witness statements, timelines, and any communication with the ex-girlfriend. This documentation will be crucial for any future legal action.

2. Escalate within the police department: Request to speak with a supervisor or the chief of...
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1 Answer | Asked in Civil Litigation and Criminal Law for Texas on
Q: My trailer is parked in a friends driveway when l went to pick it up he wants to charge me can he do that?
John Michael Frick
John Michael Frick
answered on Jul 1, 2024

If you commit a crime, your friend can notify police and file a police report. Law enforcement will then refer the case to the district attorney who will decide whether to file criminal charges against you.

The fact that your trailer is parked in your friend's driveway does not excuse...
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