Is this restitution from a criminal conviction or are you using the term in the general sense? In either case, most attorneys who deal with civil disputes in general practice can assist you. Firms that specialize in personal injury probably not. You and your attorney will need evaluate the... View More

The defense can file a motion to suppress evidence based upon an illegal traffic stop. If the judge grants it, all evidence police obtained as a result of the illegal traffic stop would be suppressed by the judge. Almost always, this results in the criminal and traffic charges being dismissed.... View More

In Alabama, Kidnapping is a felony offense. The State of Alabama prosecutes the case in the county for which the alleged conduct occurred. A municipal court does not have jurisdiction over felony offenses. However, you used the word kidnapping and did not provide any other facts, therefore, if the... View More

Police can lawfully stop a driver if they observe a violation, or facts amounting to "reasonable, articulable suspicion of criminal activity." Since Minnesota laws requires a working plate light, lack of one can be a lawful basis for a stop. If working, but police claim the contrary, a... View More

Buck held that a state may not require a license or fee to engage in interstate commerce using federal highways for the purpose of limiting competition.

It did not in any way hold that roads can only be regulated for those engaged in commerce.

It discussed that states could regulate... View More

First, you need to clearly win any criminal case arising out of the arrest. By "clearly win" I mean you need to get the charges dismissed, be no-billed by a grand jury, or be found not guilty at trial by a jury.

Second, gather together all of the evidence proving the arrest was... View More

Cesar Mejia Duenas Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2024

Hola, por favor responda con la pregunta con la que necesita ayuda, para poder darle información general sobre casos criminales. Sin embargo, si necesita asistencia legal directa en un caso criminal en Washington, DC, le recomiendo que contacte a un abogado especializado en derecho penal a la... View More

Amedeo Zmarandoiu Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 20, 2024

The legal definition of an "occupied structure" can vary depending on the specific statute involved, but generally, it refers to a building or space where people are present or where people could reasonably be expected to be present.

A storage unit, by its nature, is typically not... View More

Jennifer Setters Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 20, 2024

Possession of a counterfeit gaming instrument is a serious charge that can have significant legal consequences. The specific nature of the charge, such as under statute 66016, and the decision to issue a summons in lieu of arrest suggests that the authorities are treating the matter with a level of... View More

Depending on a few more details, he could be charged with one or more of the following:

-Intoxication (Class C misdemeanor; 90 days jail; fine)

- Minor in Possession (Class B misdemeanor; 6 months jail; fine; driving suspension)

- Threatening with or using dangerous weapon... View More

Brian King Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 19, 2024

Parties who are considering tracking their spouses’ movements can refer to North Carolina General Statute §14-196.3(b)(5). This statute both defines the state’s understanding of an electronic device and notes that to install such a device, the installer must have their name on the affiliated... View More

There is in general no prohibition against either if you going to the gun shop, either together or separately. It is unclear what difference you suspect it might make that he is your child or that you don't reside together. One could go shopping with a complete stranger; again, it makes no... View More

Really hard to say without knowing complete facts (e.g., how much is a "small" baggie) and what jurisdiction this is. I would expect some sort of bond to be posted; he has warrants while on probation (which he's not even been reporting to) - gonna be hard to convince a judge or... View More

Nate Crowley Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2024

Sounds like there are lots of witnesses, self-defense issues, defense of others issues. You have the right to a jury trial. In some cases, a jury acquittal is the only route to a dismissal. In some cases, jury trial doesn't make good sense for the defendant. You need professional advice. Find... View More

Yes, legally there is a difference, since (a) and (b) under the statute have different elements for cruelty to children in the first degree. Once you are arrested, the prosecutor evaluates the evidence to determine how and what charges you are indicted for. Afterwards, the indictment is the formal... View More

It depends. You can always petition/motion the Court to terminate your probation early. The chances of prevailing will depend on several factors, including the circumstances that led to your "no early termination" condition (i.e., was it a "standard" condition outlined in your... View More

We don't know what your criminal record says, or what the context is. That said, deferred adjudication, by definition, is not a conviction. Deferred adjudication is when the court agrees not to convict you for the crime you've been charged with so long as you can stay out of trouble in... View More

If by "we've been together for a year" you mean that you, then 16, and he, then 24, have been in a sexual relationship, then yes-- things can certainly get worse for him because he can be charged with various sexual crimes against a minor. I can picture the charges being aggravated... View More

There is no guarantee that bond will be reduced as the result of hiring a lawyer because the bond isn't set by the lawyer, so the lawyer doesn't have the ultimate power to reduce it. That being said, a lawyer can consult with you and give you a better picture of what they believe they can... View More

You can file what's called an "Affidavit of Non-Prosecution," which is basically you telling the DA's office/prosecutor that you aren't willingly going to cooperate in the investigation and prosecution of the crime in question, and that you would like to see the charges... View More