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1 Answer | Asked in Family Law and Criminal Law for Nevada on
Q: I have a restraining order against my ex for online harassment granted by California... I now live in Nevada.

Hello. I have another year left on the restraining order against my ex for online harassment granted by the state of California. In the past year I've moved to Nevada and the online harassment has recently started again. Does my restraining order hold any weight in the state of Nevada? Can I... View More

Jennifer Setters
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answered on Oct 3, 2024

Every case is unique, hence in situations like this—where you have a restraining order granted in California and have subsequently relocated to Nevada—it is advisable to seek advice from an attorney conversant with both Nevada and California law. These are some general rules:

Applying a...
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1 Answer | Asked in Criminal Law for Nevada on
Q: Im trying to find out if I have a bench warrant for missing a court date.

I want to find out if I have s bench warrant and that i called the court where I think it was at and they have no record of me and it had a friend call and they put her through to the district attorney and he said he didnt have anything on me and I want to know if that means I dont have a bench... View More

Jennifer Setters
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answered on Oct 3, 2024

Every case is unique, thus in circumstances like this—where you are attempting to find out whether you have a bench warrant for skipping a court date—you need be sure to speak with an attorney for your particular case. Here are some broad ideas for thought:

Getting in touch with the...
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1 Answer | Asked in Criminal Law for Nevada on
Q: Can I get a case sealed of domestic assault battery with no disposition from 1997?

My state background still has it on record but city municipal and justice courts tell me it is no longer in the system .

Jennifer Setters
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answered on Oct 3, 2024

Every case is different, hence the likelihood of a case being sealed may change depending on jurisdiction, the nature of the charge, and the judicial procedure. In your scenario, it could be possible to seek having the record sealed or erased since the state background check still displays the... View More

1 Answer | Asked in Consumer Law and Criminal Law for Texas on
Q: Hi a friend of mine just put a down payment on a car and made some payments but she missed one payment a few days ago

And due to financial situation she wasn't able to pay the one payment and now a few days later they have sent a text message saying they're going to arrest her for stealing the car. Is that a scam or can they really arrest her for missing one payment.

John Michael Frick
John Michael Frick
answered on Oct 2, 2024

No they cannot arrest her for failing to make a car payment on a car she bought. They can, however, repossess the car if they properly recorded a lien against the car.

They could only arrest her if she stole a car registered in their name. When you buy a car, you (or the dealer) must...
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3 Answers | Asked in Criminal Law for Texas on
Q: How to get my husband out of prison wrongly convicted murder Convicted under law parties for capital murder
John Michael Frick
John Michael Frick
answered on Oct 2, 2024

He can appeal his conviction. If the deadline to appeal has passed, he can file a writ of habeas corpus. He may have to prove "actual innocence." That means he would have to prove that he was not a party to the underlying criminal activity that ultimate resulted in the murder.

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1 Answer | Asked in Criminal Law for New York on
Q: Will my friend make parole on her 4th time? she's already been denied 3 times. Sentence is 2 1/2-7.

She went away in 2022 and her next board is may 2025. She completed shock, all her programs and has zero disciplinary tickets. She is just looking for an opinion on if this 4th parole hearing may go in her favor. She and I understand that the lawyers on here dont have the case in front of them so... View More

Michael S Pollok
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answered on Oct 2, 2024

Well something in your question doesn't make sense to me. You state that she competed the Shock Incarceration Program. If that is the case, she should have been released upon successful completion of the six month Shock program. It sounds like she did not complete Shock successfully and that... View More

1 Answer | Asked in Criminal Law for South Dakota on
Q: How should I get my restricted work permit for the 2nd time when I finished my probation period and the case is sealed?

I was charged with vehicular battery, the judge ordered a suspended imp of sentence and granted me a restricted work permit to go to work/medical app.. I finished the probation period and the case is sealed. Now I’m trying to renewal my restricted permit because I have a new insurance. I went to... View More

Adam Bryson
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answered on Oct 1, 2024

How long were your driving privileges revoked for? Was it longer than for the probationary sentence? If no, then you should be able to apply to have your driving privileges reinstated. If yes, then you may need to explore a sentence modification that would allow you to have a work permit during the... View More

2 Answers | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: Can a person win a dwi case involving drugs if they were profiled? Or if the person did not know they were committing a
Thomas C Gallagher
Thomas C Gallagher
answered on Oct 1, 2024

Police are required to have "reasonable, articulable suspicion of criminal activity" or an observed violation of law to justify a traffic stop. If police are "profiling" in a way that lacks that justification, then the stop could be ruled illegal by a judge. If a defendant... View More

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2 Answers | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: Can a person win a dwi case involving drugs if they were profiled? Or if the person did not know they were committing a
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 1, 2024

Did not know they were committing a what? Law enforcement needs reasonable articulable suspicion to pull someone over. They would then need probable cause to place that individual under arrest and probable cause to get a warrant to seize their blood or urine. Get an attorney on board to review... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: If the state charges you in the mail but the mail is returned and the SOL has passed can they still charge you?

I was recently arrested for a warrant that was issued in May of 2021. Since then Ive had multiple interactions with police and even have been released from jail with it. It was for felony theft of $1000-$5000 in MN. They tried to mail me a citation back in May of 2021 but the mail was returned and... View More

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

In criminal cases, the prosecutor must file a charging document (Complaint, Indictment, etc.) before the applicable Statute of Limitations period expires. The date the defendant learned of the criminal charge is not relevant to a Statute of Limitations issue. There may sometimes be, however,... View More

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1 Answer | Asked in Criminal Law, Civil Litigation and Elder Law for Oregon on
Q: What steps to take? Friend using vehicle &won't return, demands money for unauthorized repairs. I am 71 & in wheelchair

Of course, there's more details just don't know where to begin. Guy may have accessed personal records including vehicle title, won't return my calls.

Theressa Hollis
Theressa Hollis
answered on Sep 30, 2024

If you have clearly communicated to your friend that you want your vehicle returned then I would call the non-emergency number for your local police to report it stolen. The issue of the repairs will have to be dealt with separately. It's possible that your friend could sue you in small... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: how do i drop charges?

i am the complaining witness, and pressed charges against someone while severely intoxicated. i do not remember the events as they correctly happened though i told the police officer who originally took my statement i believed i was put in a chokehold. but i want to take it back and they told me if... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

Theoretically, you can submit an affidavit of non-prosecution to the district attorney prosecuting your case. In cases involving domestic violence, that does not always work because the victim and perpetrator typically know one another and may be in a relationship. That raises a concern that the... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Is it legal to smuggle legal substances into a rehab that prohibits certain items? Kratom, alcohol, phenibut... ECT?

Substances federally and state legal. *Smuggling in for someone*

Mark Oakley
Mark Oakley
answered on Sep 29, 2024

Rehab facilities are typically private entities and what you can bring in is a matter of contract and following the facility’s rules. That would be strictly a civil matter. State and federal facilities may of statutory and regulatory rules in place, intentional violation of which could perhaps be... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: My dad is in jail for a probation/cc violation he's been in there since the end of July, he denied the vop and they set

A vop evidentiary hearing and rescheduled it twice now. How long can they hold him in jail without actually charging or convicted him of the violations. And they have charges on his score sheet that aren't his, my father hasn't been in trouble in 36 years besides a traffic ticket.... View More

Rod Caruco
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answered on Sep 28, 2024

It sounds like your issue is very fact-specific, and I would encourage you to engage with a criminal defense attorney to dig in and figure it out.

Generally, a conviction comes with a confinement sentence that is suspended (probation). Think, for a misdemeanor, one year in jail, suspended,...
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2 Answers | Asked in Contracts, Civil Rights and Criminal Law for Florida on
Q: There is a contractor who repaired my house, he has recorded my meeting with him on audio (phone). without my permission

Can i sue him? If that recording is shown to judge I will have to pay $10,000 to him. Now what do I do?

Erik A. Perez
Erik A. Perez
answered on Sep 30, 2024

Possibly. It is a 3rd degree felony in Florida to intentionally intercept or record a private conversation without all parties' consent. As it relates to civil law, it is debatable whether you have a cause of action. I would recommend identifying the monetary damages you have suffered as a... View More

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1 Answer | Asked in Criminal Law and Traffic Tickets for New York on
Q: Does the supporting deposition have to be served to me?

l

Zev Goldstein
Zev Goldstein
answered on Sep 26, 2024

If you hired a lawyer, you should really address all questions to him/her.

Assuming you don't have a lawyer, there is a lot of case law on where the supporting deposition gets served by mail.

If you have a lawyer on file with the court, the supporting deposition has to be...
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1 Answer | Asked in Criminal Law and Elder Law for Texas on
Q: dad lent mom's car to daughter without mom's consent. mom is brain damaged from a stroke. mom wants car back and they...

won't return it. can I report it stolen? I am their son. the car is in Mom''s name.

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

No, you can't report it stolen because you are not an owner of the car. Your mom will have to report it stolen.

Alternatively, if you believe your mom is no longer mentally competent as a result of her stroke, you can apply to court to be appointed as the guardian of her person and...
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2 Answers | Asked in Criminal Law, Real Estate Law and Civil Litigation for Kentucky on
Q: How can I prove a DEED is FAKE or FORGED or FRADULENT?

100 Acre farm purchased by a set of four brothers and held with undivided interest for over 18 years. THEN they decided to divide the farm into parcels (one for each brother/spouse). BUT they specifically left ONE tract deeded amongst ALL of them (main entryway onto property and also included a... View More

Anthony M. Avery
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answered on Sep 26, 2024

It would be almost impossible to backdate the recording of a deed at the courthouse. But the deed should be examined very closely, especially checking out the notary's commission and the signatures themselves. Notary should be found and questioned. Whoever drafted the deed should be... View More

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1 Answer | Asked in Criminal Law and Family Law for Georgia on
Q: What type of lawyer would o need in a criminal/domestic with kids involved?

My wife and I had a domestic dispute unfortunately in front of the children. My wife has a criminal defense attorney but I feel as I may need representation because of the circumstances what should I do?

Glenn T. Stern
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answered on Sep 26, 2024

You would probably also want to consult with a criminal defense attorney. Not only would one best understand the ins and outs of the case your wife is a defendant in, but would also be able to look out for your own personal interests in a way that her attorney would/could not. For example, if you... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: My children and I have been subpeona to court for the state but we are not pursuing any charges?

My wife suffers from extreme mental health and we had a domestic dispute in front of our children. My wife was arrested and my children and I made some statements at the time that were not all the way true but we were mad and scared at the time of the incident. Now I have sent letters to the DA... View More

Glenn T. Stern
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answered on Sep 26, 2024

Both the police and the state treat domestic violence cases very seriously and are reluctant to drop them. Once they get involved, it becomes their case and they can proceed even without the consent or cooperation of the victim(s). You cannot simply ignore the subpoena. It may be wise for you to... View More

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