The short answer is that yes, a couple can marry for the purpose of gaining access to the marital privilege in court actions, even if the charges are pending when the marriage happens. But, Marital privilege for evidentiary purposes is actually two separate privileges:

The first is the... View More

The law yields a more nuanced answer. A witness has the right to legal counsel, and can retain an attorney to help assert the witness's rights. Minnesota recognizes a two-part spousal privilege. Minn. Stat. § 595.02, subd. 1(a); State v. Gianakos, 644 N.W.2d 409, 415 (Minn. 2002)... View More

Not sure you have a case. Why sounding a bit unreasonable, you're obviously out of custody now, presumably after paying the bond. You could have a more direct remedy had you been unable to bond out and filed a bond motion, which you could then appeal.

Unless you can show this... View More

Daniel P Leavitt Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 12, 2024

If you are lawfully pulled over they can extend a lawful stop for a time to run dogs around the car.

I'm not certain based on what you told me that the stop was indeed lawful. It doesn't take much, but I think it might take more than that. I'm not sure how they would try to... View More

Great question! And a very common one. Well, when these things occur you simply hope and pray they have body or dash camera footage of the interaction. If that is not available, then it’s simply a swearing match and each person’s credibility comes into question.

It’s actually the... View More

No, you cannot request another attorney for your boyfriend. Only your boyfriend can do that. In most cases, if the attorney is court-appointed, the court will deny such a request based on the description set forth in your question. However, he may gain some traction with the argument that his... View More

Public Defenders are really on the defendant's side. Loyalty to the client is the first rule of Professional Responsibility. Lawyers are not required to report on clients with a warrant. Rather than focus too much on how an old warrant was executed and cleared by arrest, I'd shift... View More

Yes, public defenders are really on your side. You public defender most certainly DID NOT notify law enforcement that you had a warrant. Who knows why the warrant showed up this time, but I am confident that your public defender didn't have anything to do with it. They aren't going to... View More

You should coordinate with your boyfriend's attorney. Local court practices can vary, but generally you should be able to get a court hearing to request a change to the order. Most judges will issue criminal protective orders in almost every case involving domestic violence. The most important... View More

First, it is unfortunate that people like this debtor rip consumers off. I had a sinilar case where the homebuilder stole my client's money and went to prison. Regarding Holy Ground, I doubt that your contract with Mr. Sowash included his personal guarantee. We need to check. Second, if he... View More

As a general rule, the PO cannot do so. However, if there is a term in the rules of probation that she signed allowing for work release with a violation of probation filed, then the answer could be yes. Additionally, if the court ordered her as a condition of the bond to go to work release that... View More

Deferred adjudication, pro forma, generally means that the court just wants you to keep out of trouble and then they won't move forward with a conviction in your case. That said, you ought to contact the court and figure out the specific parameters you need to abide by-- how long is the period... View More

This means that the judge in your case determined that there was no family/"domestic" violence as an element of your case. That's a very important and beneficial thing, because finding of family violence present obstacles to getting charges expunged/non-disclosed, they create issues... View More

It is very common for victims of DV to later recant and/or want no contact orders lifted. Very rarely is that granted. You can try talking with her attorney to see if you can do anything to help her legal position but ultimately, the legal process will play out and you can't alter it very... View More

In the short answer -- No that is not a violation. In Oklahoma, only a defendant against whom a protective order has been issued may be held to have violated the order. 22 OS 60.6(H) --- Therefore if the Victim makes contact or attempts to make contact, this is not a violation of the order.... View More

That’s a very good question! It’s also a very common question which I get asked all the time.

When law-enforcement gets called on the reporting of a crime and someone is arrested and goes before a judge, usually on video while they are in jail, the judge will almost universally issue a... View More

John Cucci Jr. Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 5, 2024

The first problem you will have, is what you already pointed out. It is unwise to ask for, or demand a change in your Probation, when you have failed to fully comply with your terms of probation.

Nevertheless, if you can show PROOF, that your life or health is under a clear and present... View More

David G. Parker Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 4, 2024

Explain the circumstances of that other case to your lawyer. They should hopefully be able to give you advice on how a plea on the current charge could affect a good behavior violation. If the potential good behavior violation is in the same jurisdiction, sometimes the prosecutor could agree not to... View More

I'm wondering if you actually had an adjudication of guilt or instead a withhold of adjudication. Both phrases have the word "adjudication" in them, but are completely different. An adjudication of guilt equals a conviction. A withhold of adjudication (often referred to simply as... View More

Dismissing without prejudice means the prosecutor can file the case anytime up until the statute of limitations has run. If a misdemeanor the SOL is 2 years and if it's a felony then 5 years. Double jeopardy only applies if the trial against you had begun, meaning a jury was selected or a... View More