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2 Answers | Asked in Bankruptcy, Criminal Law, Arbitration / Mediation Law and Car Accidents for Oregon on
Q: I need a very affordable bankruptcy attorney. Also, an attorney to help with a falsely accused car accident.

I’m hoping to do chapter 7 bankruptcy.

As for the accident it was the other person at fault. He rear ended me drunk and we both file a accident report. I sent all pictures to my insurance and somehow I am at fault.

Tim Akpinar
Tim Akpinar
answered on May 2, 2024

You could search online or check with local and state bar associations for attorneys. There is a feature above, "Find a Lawyer," which lists attorneys by region and area of practice. Despite the false accusations, from your description, it doesn't sound like you should have too much... View More

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1 Answer | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Constitutional Law for Kentucky on
Q: Is DCBS compelled to overturn a substantiated finding if the related court case was dismissed and expunged?

If the charge of Endangering the Welfare of a Minor Child is dismissed from court and expunged, is DCBS compelled or required to overturn a substantiated finding of Abandonment & Supervision Neglect concurrent with the same incident referred to in such case?

James L. Arrasmith
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answered on May 1, 2024

When a court case involving charges such as Endangering the Welfare of a Minor Child is dismissed and expunged, it doesn't automatically mean that the Department for Community Based Services (DCBS) must overturn a substantiated finding of Abandonment & Supervision Neglect. These are two... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Missouri on
Q: has anyone used the agreement of liberty privacy & levying war against the united states in a drug charge court case &

if so which one & mainly would like to read one of liberty & how do i find my past questions on this site

James L. Arrasmith
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answered on May 1, 2024

It sounds like you're inquiring about a very specific use of legal terms in relation to drug charges. The "agreement of liberty privacy & levying war against the United States" isn't a recognized legal term or standard charge in U.S. law. If you're referring to concepts... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Arizona on
Q: Would I be able to press charges against someone who placed a hidden device in the privacy of my bedroom?

I do know the person who did it and am willing to press charges against this said individual should the opportunity arise. But I was curious, what form of state punishment would this person receive if they were to be brought up on "voyeurism charges", and if I wanted to sue this person... View More

James L. Arrasmith
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answered on May 1, 2024

If someone placed a hidden device in your bedroom, you could potentially press charges for voyeurism, a serious invasion of privacy. Voyeurism laws vary by state, but generally, it's considered a criminal offense when someone knowingly invades another person's privacy for sexual... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Louisiana on
Q: Can a case be thrown out if a person hasn't been charged with a crime for over a year?

My sister in law has been waiting to be charged with either a misdemeanor or a felony assault charge of battery. She hit my brother with her car, barely. The video can't tell if it was an accident. She stopped immediately and got out to check on him, and he got up all happy and clapping his... View More

James L. Arrasmith
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answered on May 1, 2024

In your sister-in-law's situation, considering the duration of the case and the changes in the charges, it's understandable why you might question if her right to a speedy trial has been compromised. Generally, the right to a speedy trial is protected by the Sixth Amendment in the U.S.... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: My husband is incarcerated in Baxter Co AR for a non payment of fines. He is not in good health and hasn’t been forwhil

He has been there a little over 2 weeks and has been to the ER 3 times because his blood pressure has been very high.We are trying to get him out of there, but because he hasn’t seen a judge yet they will not release him. According to US code, A. 3C chapter 13 and US code A.3C chapter 13 and US... View More

Richard Lane Hughes
Richard Lane Hughes
answered on May 1, 2024

You need to get an attorney immediately. This situation needs to be brought to the attention of the Judge who issued the warrant for your husband's arrest or any Judge siting in the jurisdiction.

Of course, he should have been before a judge already. An accused is denied Due Process...
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1 Answer | Asked in Criminal Law for Utah on
Q: Is attempted assault a real thing?

I would have been physically assaulted by a manager of a KOA Campground in Utah if his wife had not stepped in to intervene

John Michael Frick
John Michael Frick
answered on May 1, 2024

Under Utah law, an actor commits assault if the actor:

(a) attempts, with unlawful force or violence, to inflict bodily injury on an individual.

So, for example, if the manager attempted to unlawfully punch you in the face but his wife stepped in between you and intercepted the...
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1 Answer | Asked in Criminal Law and Military Law for Florida on
Q: Art 31(b)

When a CID agent who is participating in an official law enforcement investigation receives incriminating evidence from a third party, should they be required to advise the suspect of their Article 31(b) rights before the agent receives the incriminating evidence?

James L. Arrasmith
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answered on May 1, 2024

No, in the situation you described, the CID agent would generally not be required to advise the suspect of their Article 31(b) rights before merely receiving incriminating evidence from a third party.

Article 31(b) of the UCMJ states:

"No person subject to this chapter may...
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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for North Carolina on
Q: I was assaulted by police for no reason can I sue them
James L. Arrasmith
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answered on May 1, 2024

I'm sorry to hear about your experience. If you believe you were assaulted by the police without justification, you might have grounds to take legal action. The first step is to document everything related to the incident, including any medical reports, witness statements, and your own... View More

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3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: My brother is Incarcerated and is trying to fire his court appointed attorney because he feels he's not doing anything f

They will not let him fire his Court appointed attorney

John Michael Frick
John Michael Frick
answered on May 1, 2024

In Texas, a mentally competent individual can fire his attorney, including a court-appointed attorney, at any time for any reason.

He may not be entitled to a new court-appointed attorney and firing his attorney does not entitle him to a continuance. But he can fire his attorney as long as...
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3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: My brother is Incarcerated and is trying to fire his court appointed attorney because he feels he's not doing anything f

They will not let him fire his Court appointed attorney

James L. Arrasmith
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answered on May 1, 2024

In situations where someone feels their court-appointed attorney isn't effectively representing them, they have the right to request a change. This usually requires filing a motion with the court explaining why the current representation is inadequate. It's important for your brother to... View More

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1 Answer | Asked in Criminal Law and Libel & Slander for Minnesota on
Q: Can they get a warrant based on a word-of-mouth or say A Reliable credible witness that I have a video of doing drugs,

They got a warrant to search my house. Based on this credible, reliable witness's word. Well, he's been doing drugs. The entire time and he has are the credentials that it takes for the Frank versus Delaware. You need to have some kind of training. He's had none. He's a liar and... View More

Thomas C Gallagher
Thomas C Gallagher
answered on May 1, 2024

If evidence of a crime was recovered by police executing a search warrant, and a person is charged with a crime as a result, then that person can file a pretrial motion challenging whether the search and the search warrant were lawful. If the judge agrees with the defense that the search was... View More

1 Answer | Asked in Criminal Law for Florida on
Q: My pti specialist told me when I payed for my last drug screen and received the results that I would be done

I asked her how I would know I’m done but I get no answer , do they send a letter that I finished or call?? How does the completion process work ?

Leonard Louis Cagan
Leonard Louis Cagan
answered on May 1, 2024

Although PTI is fairly standard statewide, it is governed by local practices and the original written agreement. The agreement usually has a specific timeframe but may allow for early termination of the PTI if all of the conditions are completed. The entity that is charged with supervising the PTI... View More

1 Answer | Asked in Criminal Law and Civil Rights for Massachusetts on
Q: Can someone secretly record me outside in massachusetts
Lissa McKinney
Lissa McKinney
answered on May 1, 2024

No one can secretly record AUDIO record a private person in MA. ( the rules are a bit different for public officials, police etc). Massachusetts is one of 12 consent states requiring consent of all parties to a recording. The issue is one of secrecy though. Making it clear that a recording is... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: If magistrates denied bond can you ask for bond at next arraignment date in Virginia
David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

Judges can (and frequently do) review a defendant's bond status at the arraignment whenever a magistrate holds a person without bond. Even if the judge does not grant bond at the arraignment, a defendant or their attorney can file a motion for a bond hearing. Bond hearings are held within a... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: If being charged for 2 separate crimes, but you only committed 1 of them, should you want them in an "omnibus hearing?"

I have a hearing tomorrow where I'm being accused of one minor felony that I did commit, but my PD says she's requesting an omnibus hearing that will lump that felony in with a second & much more serious felony I'm being accused of but did NOT commit.

Based on some... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 1, 2024

I'm not sure what you have read or who you have had conversations with, but consolidating these cases is not a bad idea. It saves you additional court appearances and additional hassle. I also do not believe that it creates any bias against you because you are guilty of one case and not... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: If being charged for 2 separate crimes, but you only committed 1 of them, should you want them in an "omnibus hearing?"

I have a hearing tomorrow where I'm being accused of one minor felony that I did commit, but my PD says she's requesting an omnibus hearing that will lump that felony in with a second & much more serious felony I'm being accused of but did NOT commit.

Based on some... View More

Thomas C Gallagher
Thomas C Gallagher
answered on May 1, 2024

Two separate crimes or two separate incident dates? Criminal charges from two separate incident dates can often be reviewed together in some or all court appearances, if in the same County. Whether that is a good idea for the defense may depend upon facts not knowable in an online Q & A site.... View More

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1 Answer | Asked in Criminal Law for California on
Q: Can a person near the shot escape?

Can a person in the vicinity of a gunshot run away and become aggressive if there is a shootout between the police and the gunman? Do officers have a legal basis to shoot a bystander behaving in the manner described above?

Please provide the legal grounds, if any, for police officers to... View More

James L. Arrasmith
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answered on Apr 30, 2024

It would generally not be legal or appropriate for police to shoot a bystander who was fleeing the scene of a shootout, even if that person appeared aggressive or erratic in their behavior. Police are only legally justified in using deadly force when there is an immediate threat of death or serious... View More

1 Answer | Asked in Criminal Law and Admiralty / Maritime for Georgia on
Q: Here in GEORGIA, what are the rules of giving notice to a defendant in the case of transcript reconstruction?

The court reporter failed to create record of plea hearing. Later, the prosecutor sent a proposed transcript to defendant. Defendant was given no certain time by which to respond. Nor was defendant made aware that the proposed transcript would become the true and official transcript if he did not... View More

Glenn T. Stern
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answered on Apr 30, 2024

Under Georgia law, reconstructed transcripts are governed by OCGA §5-6-41(g), which states

"Where a trial is not reported as referred to in subsections (b) and (c) of this Code section or where for any other reason the transcript of the proceedings is not obtainable and a transcript...
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1 Answer | Asked in Criminal Law, Family Law and Civil Rights for California on
Q: Sister is trying to sue me for hiring people to stalk her and for slander and harassment. False claims .what should I do

I have not harassed or stalked anybody . She has sent several emails accusing me of all sorts of things and I have not answered to any . She has recorded me without my knowledge while I was visiting my mom . She has me on video telling my mom that my friend saw my sister at the casino while she was... View More

James L. Arrasmith
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answered on Apr 30, 2024

Based on the information you've provided, it sounds like your sister is making false accusations against you. Here are some steps you can take to protect yourself:

1. Document everything: Keep records of all emails, texts, and any other communication from your sister that contain these...
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