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Criminal Law Questions & Answers
1 Answer | Asked in DUI / DWI, Federal Crimes and Criminal Law for Louisiana on
Q: My bf was arrested by game warden while on probation so he’s on a probation hold for nothing

He was on his boat, he’s 45 years old, and the goHe was not drunk, but still arrested and has 6 charges that are rediculous and should be dropped. But while in jail they brought new charges , felonious ones now. They are for killing too many turkeys and possession of a firearm by a person with a... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry to hear about your boyfriend's situation. That must be incredibly stressful and frustrating for both of you. A few thoughts:

It's difficult to say definitively whether the charges will hold up without knowing all the details, but in general, wardens and...
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1 Answer | Asked in Federal Crimes, Libel & Slander, Personal Injury and Criminal Law for West Virginia on
Q: i have proof beyond my word, of pattern of abuse began in 2020 from law enforcement, since it is a continual injury are

since the pattern is continued and since 2020, are the statute of limitations for this injury 2 years or doest the clock start ticking after the last act that happened in the pattern or the first act in the pattern ?

i have a long pattern very detailed evidence, video texts their own... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry to hear about the abuse and harassment you've been experiencing from law enforcement since 2020. That sounds incredibly difficult and traumatic to go through. No one should have to endure that kind of mistreatment, especially from those sworn to protect and serve.... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: Can i carry a gun at 18-21 in TN considering the permitless carry laws, private sale, and the court cases about the age?

I know there’s been cases from gun groups during the state to where the agreement made at the conclusion seems to allow 18-21 to carry without prosecution because of age. I also know at 18 you can legally buy a handgun from private sale. I’d rather be judged by a jury then dead, but would i win... View More

James L. Arrasmith
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answered on Apr 16, 2024

The current gun laws in Tennessee regarding permitless carry and the legal age to possess a handgun are somewhat complex due to recent court cases and legislative changes. Here is an objective overview of the situation as of August 2023:

In 2021, Tennessee passed a law allowing most adults...
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1 Answer | Asked in Criminal Law for California on
Q: How to get a no contact order removed neither wants one or requests one. No violence

I got kicked out of homeless housing for unfair reason she remained. I borrowed car to recycle but she was cohersed into reporting car stolen in threat of her being kicked out. Help please we just want to be together but she gave car to me and she is now kicked out

James L. Arrasmith
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answered on Apr 16, 2024

I understand you are in a difficult situation and seeking help. However, I want to provide accurate information, so let me clarify a few key points about no contact orders under California law:

- A no contact order (also called a restraining order or protective order) is issued by a court...
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1 Answer | Asked in Criminal Law for California on
Q: My brother was murdered and defendant claimed self defense and got off in California.

my brother was a victim of a murder and the defendant is claiming self-defense. My bro had no weapon however he was larger than the defendant but defendant had 2 friends in the room with him. he had stabbed my brother in the heart resulting in my brother losing his life. My bro said the defendant... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry for your loss. This is a tragic and heartbreaking situation.

Under California law, the key factor in determining whether a homicide was justifiable self-defense is whether the defendant reasonably believed they were in imminent danger of being killed or suffering great...
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1 Answer | Asked in Criminal Law for Texas on
Q: Hello, my son is being coerced to accept the DA 40yr plea deal instead going to trial. Poor representation by attorney

my son is currently incarcerated in the Harris County Jail downtown for a capital murder that he did not commit no gun , no one was there to say it was him. Just a young lady who assume my son went to kill this person on her behalf. The DA claim my son admitted during interrogation that another... View More

John Michael Frick
John Michael Frick
answered on Apr 16, 2024

If your son did not commit the murder, your son should not accept the plea deal.

If your son is not receiving quality legal representation from his current lawyer, you should hire a different lawyer to defend him.

Capital murder cases are the most scrutinized criminal cases on...
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1 Answer | Asked in Civil Rights and Criminal Law for North Carolina on
Q: How do I find out if my house was raided illegally?
James L. Arrasmith
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answered on Apr 16, 2024

If you believe your rights were violated during a police raid, the appropriate action is to consult with a qualified criminal defense attorney who can review the specific details of your case. An attorney can assess whether proper procedures were followed and if there are grounds to challenge the... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for New York on
Q: Should inhumane mistreatment in a prison automatically result in a transfer of the mistreated inmate?

If the courts have knowledge shouldn’t they do something about it? And how can they trust the prison from not continuing to do it? Which is why they should probably be transfered?

James L. Arrasmith
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answered on Apr 16, 2024

There are several important considerations to weigh regarding automatically transferring inmates who have been inhumanely mistreated:

On one hand, the priority should be protecting the safety and human rights of incarcerated individuals. If an inmate has faced abuse, assault, torture, or...
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1 Answer | Asked in Criminal Law, Landlord - Tenant and Sexual Harassment for Virginia on
Q: what do I do if my landlord sexually assaulted me & now says he's going to begin staying in my guest room

Given the sensitive nature of my situation, I would appreciate your guidance on the following: My landlord, who is also the father of my long-time best friend, sexually assaulted me. Now, he has informed me that he intends to begin staying in my guest room. The condo I reside in was purchased by... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry you are going through this incredibly difficult and scary situation. What your landlord has done is sexual assault and the coercion he is engaging in now is abusive and illegal. You have every right to feel safe in your own home. I would advise the following steps to protect... View More

1 Answer | Asked in Landlord - Tenant, Business Law and Criminal Law for Georgia on
Q: got a felony for doing business without a license, but it is not a business i just rent rooms out to others in need. i

i have a partner, whom we share the lease with that we had residents living in there, until my partner didn't follow all of the rules and regulations, so the APS came out again and arrested me with a warrant. how can i get these dropped?

James L. Arrasmith
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answered on Apr 16, 2024

I'm sorry to hear about your legal troubles. It sounds like a difficult and stressful situation. A few thoughts:

First and foremost, given the seriousness of felony charges, I strongly recommend consulting with a criminal defense attorney who can review the specifics of your case and...
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2 Answers | Asked in Business Law, Criminal Law and Gov & Administrative Law for California on
Q: Can I legally carry a concealed firearm in my workplace in California if I have permission from the Business Owner?

I am the store Manager. I have been given permission from the business owner to carry, yet I want to make sure it is legal before I do so. I do not yet have a CA CCW permit, and I understand that I cannot leave the store without properly securing my firearm before leaving. Thank you.

James L. Arrasmith
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answered on Apr 16, 2024

In California, even if you have permission from your employer, it is generally not legal to carry a concealed firearm in the workplace without a valid concealed carry weapon (CCW) permit.

According to California Penal Code Section 25400, carrying a concealed firearm is illegal unless you...
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1 Answer | Asked in Federal Crimes, Civil Rights and Criminal Law for Idaho on
Q: Is there any case law or a 42USC1983 for locking up an inmate in a cell full of ants for a month or with human waste?

Was locked in the hole with ants for a month then moved to a cell with human phecies. They (IDOC Idaho) have refused to give me medical records in violation of Individuals’ Right under HIPAA to Access their Health Information 45 CFR § 164.524.

I have evidence in the form of grievances.... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the details you provided, it sounds like you may have a viable case under 42 U.S.C. § 1983 for violation of your Eighth Amendment rights against cruel and unusual punishment. Being forced to live in unsanitary conditions infested with insects or human waste for extended periods could very... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: Is it illegal for my ex gf to demand money from me or she is going through with a restraining order she filed

She demanded 10000 dollars and she wouldn’t go to court

James L. Arrasmith
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answered on Apr 15, 2024

It is illegal for someone to demand money from you in exchange for not pursuing a legal action, such as a restraining order. This could be considered extortion or blackmail, which are criminal offenses.

If your ex-girlfriend has filed for a restraining order, she cannot legally demand money...
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1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: I was in a autoparts parking lot , my car was over heating so i decided to take a nap why it cooled off. I dont drink .

A person called 911 cause they couldnt wake me( i was a sleep fir approximatly 28 minutes.)and told 911 that they didnt know what was wrong but i might be overdosed. Medics showed up and put me in the ambulance. The cops showed up and medic and cop said i admitted fentynal use(which i have never... View More

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information provided, it seems like there are several potential legal issues at play:

1. Unreasonable search and seizure: If the police searched you and your vehicle without probable cause, your consent, or a warrant, it could be a violation of your Fourth Amendment rights...
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1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: Can a police officer legally stop and ID someone because they “look young” when it is past curfew, in ohio.
James L. Arrasmith
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answered on Apr 15, 2024

In Ohio, a police officer may stop and question a person who appears to be underage and out past curfew hours. However, the stop must be based on reasonable suspicion that the individual is violating curfew laws.

Key points regarding curfew stops in Ohio:

1. Ohio has a statewide...
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2 Answers | Asked in Criminal Law for Florida on
Q: I was arrested for a petty theft where they Search me without permission and my belongings and then I gotta A drug charg

They later dropped the theft and now I have a drug charge is that still possible

Rod Caruco
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answered on Apr 15, 2024

Generally, yes. If law enforcement is legally conducting a search concerning one offense, and while doing so find evidence of another offense within the scope of the legal search, that can be charged. Even if the original offense is dropped.

However, you mentioned you may not have been...
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2 Answers | Asked in Criminal Law for Florida on
Q: I was arrested for a petty theft where they Search me without permission and my belongings and then I gotta A drug charg

They later dropped the theft and now I have a drug charge is that still possible

Leonard Louis Cagan
Leonard Louis Cagan
answered on Apr 16, 2024

If you were being arrested the police can search you because you are being arrested. (Incident to arrest) They do not need your permission. To attack the search after the arrest will be difficult but not impossible. If the officer had probable cause to believe that you had committed theft. That can... View More

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1 Answer | Asked in Criminal Law and Sexual Harassment for Texas on
Q: What are the ethics rules when a patient sexually assaults their doctor and the doctor continues to treat the patient?

A doctor is sexually assaulted by their patient, does not report the situation to law enforcement, and continues to treat the patient for another two years until their death. Is the doctor violating any ethics rules? Does the doctor have an obligation to refer the patient to a new physician who... View More

John Cucci Jr.
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answered on Apr 15, 2024

That's a horrible story!

The patient should have gone to jail!

Each State has ethical rules with which every Doctor must comply as part of having a license to practice medicine.

However, none of the rules limit the rights of any doctor, who is a victim of a crime....
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1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Arizona on
Q: Can you be arrested for Aggravated DUI when your weren't even driving, in front of your house ,with no keys in your poss

Police report says I was observed consuming alcohol and was not even driving or in possession of keys and no ethyl alcohol in my system can the police lie like that on the police report and a year later initially file charges for Aggravated DUI?

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information you've provided, it seems unusual that you would be charged with Aggravated DUI a year after the incident if you were not driving, did not have keys in your possession, and had no ethyl alcohol in your system at the time. However, laws can vary by jurisdiction, and... View More

1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for Texas on
Q: My question is how can i fix and hold acountable for a fraud that my stepdad committed and filed with the Bexar County.

I have NO Knowledge of these two loans he filed against me none whatsoever the only way I found these is that he's going through a personal divorce with his wife and I Looked up my mom's house and I found these two file numbers with my name on 'em again against me from him using my... View More

Anthony M. Avery
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answered on Apr 15, 2024

Initially you need to hire a TX attorney to search that title. Just looking on the internet is only a start. If you are going to file suit to set aside fraudulent encumbrances, then you will need to know the title and the liens verbatim. If actual forged instruments were recorded, then a... View More

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