Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Criminal Law Questions & Answers
1 Answer | Asked in Estate Planning, Criminal Law and Libel & Slander for Florida on
Q: Family member has died. Family member named one person as beneficiary. Advice appreciated.

A close family member has died. Only one person was named beneficiary of the estate. The beneficiary truly loved the family member that died and took care of that family member with good intentions for a long time. Other people in the family did nothing to help the grantor when he was very sick and... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 14, 2024

There is nothing the toxic family members can do, but if they keep it up, the person being slandered can consider getting a civil litigation attorney and filing suit against them for these behaviors, at best it may be to just ignore them if possible and hopefully they will tire, if not, then... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I feel that my fiance public defender doesn't want to fight zealously put forth any effort. What can we do

My fiance is incarcerated we have zero income now,, he is charged with enter structure, poss. Of burglary tools,

petite larceny. Accused of these crimes because fiancee vehicle license plate was seen on flock camera in the area , vehicle matching description was seen on camera a block... View More

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2024

Unfortunately you generally can get court appointed/public defender or retain an attorney you choose. The standard is not extremely high and most court appointed attorneys and public defenders meet that minimum level. But if you're not happy you would likely need to hire an attorney. If... View More

1 Answer | Asked in Criminal Law for Oregon on
Q: Legal Definition of Hit and Run w/ injury? And what are the duties of the driver involved in a crash?

I was involved in a 3 car minor crash, I hit the car in front of me at a light I was going maybe 2 miles an hour if that, the light was green for 3 seconds then turned red I wasn't paying attention in that exact moment causing me to hit the vehicle in front of me and him hitting the car in... View More

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2024

In the context of Oregon law, which can be generalized to understand similar legal frameworks elsewhere, a "hit and run" with injury involves a driver leaving the scene of an accident where they have caused injury or death without fulfilling their legal obligations.

There might...
View More

1 Answer | Asked in Criminal Law for Oregon on
Q: Oregon; Is it possible to get Theft I expunged on my own without a lawyer? How hard would it be?

It is from March 2018, only that one felony. I’m coming up on 7 years, I have no other charges, I finished my probation March 2020 and everything is paid off. I know I am able to do the process myself but what is the risk of doing it without a lawyer? Any other information you can give me on the... View More

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2024

Yes, it is possible to attempt to get a Theft I charge expunged without a lawyer, but the difficulty can vary significantly based your exact circumstances.

Typically, you might need to meet certain criteria like having completed all terms of your sentence (including probation or parole),...
View More

1 Answer | Asked in Criminal Law for Florida on
Q: If I just hired my attorney and paid them in full then week later the state drops charges do they still keep my money

The state dropped on their own noticing that it would not hold up in trial no information

Leonard Louis Cagan
Leonard Louis Cagan
answered on Sep 12, 2024

These types of situations do happen, but I would point out that it is often impossible to know that the State would have dropped the case without you retaining an attorney. There may have been discussions between counsel and the State or engaging an attorney may have made the State realize that... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Husband was assaulted & filed charges, he had video of the assault & 5 witnesses, but Prosecutor dismissed case....

The other party filed assault charges too, after he was served with his summons. The other party did not have any evidence to contradict my husband's evidence. However, the prosecutor did not advise my husband that they were dismissing the charges, & did not even ask to see the video... View More

Benjamin Herbst
PREMIUM
Benjamin Herbst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2024

The prosecutor has the ultimate discretion when to dismiss (nolle pros.) a charge. They often choose to do this when there are two parties that have filed charges against each other because each defendant would have a 5th Amendment right to remain silent, and therefore the State could not compel... View More

1 Answer | Asked in Car Accidents and Criminal Law for Colorado on
Q: Issued a careless driving charge for car accident, want to represent my self and reduce charge. How?

Careless driving charge for car accident

Possibly due to seizure (First)

Seizure free for 6 moths

Court doesn't know about seizure yet

I am only one that was injured

Want to represent my self

Want to reduce and come our with clean or expunged record for the future

Tim Akpinar
Tim Akpinar
answered on Sep 9, 2024

A Colorado criminal defense attorney should advise here, but your question remains open for almost two weeks. I recommend considering a consult with a criminal defense attorney. It's likely that your question was missed because it was overlooked under the "Car Accidents" category.... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Can I go back to court and file ineffective counseling because lawyer did not state my plea deal with ADA

If you become informant and agree to give up people to lower your case. But when you go to court there wasn’t one.

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Sep 9, 2024

You can "agree" to become an informant and give up other people but that alone does not constitute cooperation with the police. You must actually work with the police in such a way that your work results in the arrest and prosecution of those other people. You don't say that you... View More

1 Answer | Asked in Criminal Law for Texas on
Q: How can show the court that i signed probation under distress

My lawyer coerce and pressured me to sign for probation without giving me the opportunity to think of other options and i like to file to the court that i signed my probation while under distress and was coerced

John Michael Frick
John Michael Frick
answered on Sep 9, 2024

Coercion usually requires evidence of the use of force, or the threatened use of force. The best evidence of coercion would be a credible witness testifying that the lawyer pointed a loaded gun at you and told you that, if you didn't sign for probation, he would shoot you.

You should...
View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Texas on
Q: I had an active ticket for not having my child in a seatbelt, and I was on probation for that citation. While still on p

I had an active ticket for not having my child in a seatbelt, and I was on probation for that citation. While still on probation, I received another citation for parking in the roadway.

Michelle  Lugo
Michelle Lugo
answered on Sep 9, 2024

Most of this will depend on a number of items, such as whether the county you had the original citation is is going to do any type of statewide check. Even if they do, you can retain counsel, and they should be able to work out an agreement that will allow for either extending or reinstating the... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: Does prosecutor have to disclose all of a witness statements or just 1 of their statements

On night of incident a sexual assault a witness gave exculpatory statement..9 days later he was interviewed by detective.. that's only statement I received..does prosecution have to disclose all statements

Tracy Tiernan
Tracy Tiernan
answered on Sep 9, 2024

Prosecutors are required to turn over exculpatory evidence in criminal cases. If you are the defendant and your attorney believes there are statements out there of this nature, they need to immediately request them.

If you have independent proof of such a statement (in other words, the...
View More

1 Answer | Asked in Criminal Law for Minnesota on
Q: My codefendant might be getting his charges dismissed because he might be going to prisononadifferentcharge isthisathing

I still have to proceed with my case even if his is gets dismissed. It's been over a year almost 2 since we been dealing with this case. I've had about 4 pretrial dates scheduled and I'm getting no where. We are being charged with 2 degree burglary and unauthorized card transactions

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 9, 2024

Theoretically when the prosecution dismisses a codefendant's criminal charges it could have no effect on other codefendants' cases. But in practice there can be some effects. For example, it could have impacts on whether the dismissed codefendant can be forced to testify at the... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Opening the door

There is a trial in Florida where a woman shot through a door and killed her neighbor in what she claims in slf defense.

After the event someone in the community wrote negative things on the doo.

The door was brought into evidence at the trial today. But the door was painted over... View More

Lissa McKinney
Lissa McKinney
answered on Sep 8, 2024

First, you are asking about a Florida case, and that state's law would apply as to rules of evidence.

It seems like you are asking a question out of curiosity, rather than having a legal issue that needs some guidance by the lawyers that volunteer thier time. Please respect that the...
View More

2 Answers | Asked in Criminal Law, Civil Rights, Sexual Harassment and White Collar Crime for California on
Q: Is it possible to get a pro Bono lawyer to take on an enormous case ?

An ex fbi agent , a retired policeman (who became Western communications operator director) , a CP's rep, an ex highway patrol officer, and few other retired policeman in an organized fashion commiting fraud, harassment , gang stalking , cyberstalking, and intimidation, while trying to obtain... View More

Louis George Fazzi
Louis George Fazzi
answered on Sep 8, 2024

There are many great lawyers who can help you right in your county. This website is not a Lawyer referral service, so you won't be able to find someone here. Do a simple Google search for harassment lawyers in your area, and you should get plenty of ideas about whom you can contact. You have... View More

View More Answers

2 Answers | Asked in Civil Rights, Criminal Law and Federal Crimes for California on
Q: What can I do? How do I get fair constitutional treat. Who would help me get justice and equality?

African American male living in a multi family dwelling. Neighbor is Mexican woman. Last 4 wks her unwarranted bias has increased. Wk 1 & 2 she blamed me for stealing a phone she admitted to losing. Calling me derogating names, and expressing disdain of my presence. Throughout building & in... View More

Louis George Fazzi
Louis George Fazzi
answered on Sep 8, 2024

You can file civil harassment charges against your neighbor. If you know how to fill out the forms, which you can get online from the court's website, you can do this yourself; otherwise, you'll need to find a local attorney who will file the charges for you. You can get the proper form... View More

View More Answers

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: What can someone do if they find out they could have pled nolo instead of guilty in an aggravated stalking case a year

This was a year ago and the person got 5 years probation a fine and of course no contact with the other person. The lawyer did ask this person if they could please nolo but they said no because they didn't know that you could do it after they had before but that's been 30 years ago.

Joshua Schiffer
Joshua Schiffer
answered on Sep 8, 2024

You need to get a second opinion from a local criminal lawyer as generally you can move to amend or clarify sentences on a motion, but no guarantees. Failure to use all your remedies is an appellate issue and can be ineffective assistance of counsel, but there is a lot of strategy at play the... View More

1 Answer | Asked in Criminal Law and Legal Malpractice for Georgia on
Q: Can I withdraw a plea if I have not been sentenced and how.i need to tell the court I had a lawyer that was no good for
Joshua Schiffer
Joshua Schiffer
answered on Sep 8, 2024

In short, yes. Generally sentencing happens AT PLEA in GA, so I am a bit confused by your situation, and talking with the Public Defender or a private lawyer is a good idea as that sounds strange.

BY law, you have the right to move for a withdrawal of your plea within the current term of...
View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Can I be extradited for a misdemeanor warrant for striking an unattended vehicle. In Dalton GA
Joshua Schiffer
Joshua Schiffer
answered on Sep 8, 2024

Misdemeanors are generally not subject to interstate extradition, although they can result in other impacts such as on your driving record.

If the charge is IN Georgia, the locals will generally arrest and hold the person with the warrant and make them available to the jurisdiction with...
View More

1 Answer | Asked in Criminal Law for Georgia on
Q: I am in pre trial diversion probation in Georgia and Still owe $350 admin fees but I can’t pay it in time. What happens?

I was placed on probation for pretrial diversion in GA. I’ve completed community service and my classes but don’t have the admin fee to turn in before my probation is up. My PO said he will have to send it back to court because I didn’t complete it all. What should I expect?

Joshua Schiffer
Joshua Schiffer
answered on Sep 8, 2024

Get with the program coordinator, DOCUMENT YOUR EFFORTS IN WRITING, and stay compliant with EVERYTHING possible outside the money. Courts do not like incarcerating folks for legitimate financial hardships (theoretically illegal) and while it may get bumpy, you should be in good shape. Try to pay... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can a lawyer get a case thrown out if the details of the case are incorrect at first appearence?

Let me explain, my friend got charged with battery and terroristic threats the other day, I am the one who bonded him out last night. He went to first appearance yesterday and in court the judge read details of the case and announced the victim named in the case. Both the details and the victims... View More

Joshua Schiffer
Joshua Schiffer
answered on Sep 8, 2024

Act fast and try to nip this one in the bud!

Mistaken identity arrests DO happen, and your friend will want to talk with a criminal defense attorney with experience in Civil Rights to ensure that the case gets dismissed AND any/all issues are preserved if there is any kind of claim against...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.