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2 Answers | Asked in Criminal Law, Family Law, Domestic Violence and Legal Malpractice for Washington on
Q: The original attorney of the opposing party died, and with her went case records.

The original attorney of the opposing party died. The opposing party told the court that they could not get the original records with her death and her office having shuttered. Access to these records are critical. What are my options?

Tim Akpinar
Tim Akpinar
answered on Sep 13, 2024

It could depend on tech-savvy the office was and what arrangements the attorney may have made for back-up records. If the records only existed in original paper form, and they're gone, it could be difficult. When you say "original" attorney, does that suggest a succeeding attorney?... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: How long will my husband have to serve on a 6 year sentence in Texas for a non 3g offense?

Is 6 months all that is served on a 6 year sentence in Texas? Can he be paroled from the county jail? Does the parole board typically approve first parole on a violation?

Michelle  Lugo
Michelle Lugo
answered on Sep 6, 2024

There is no set answer to this. Generally, we can speculate that he will serve quarter time, or a quarter of the time he was sentenced to serve if it is not a 3g offense, but that is up to the prison system and will depend on several factors. The best thing you can do for him is to get an... View More

1 Answer | Asked in Contracts, Criminal Law, Domestic Violence and Landlord - Tenant for Texas on
Q: I have a 5 yr PO; I’d like to get out of my lease. My dad is a co-signer on my apartment; will they go after him?

I have a 5 year protective order, I lived in this apartment with my abuser and want to move out. He no longer lives there; however I fear he may send people my way- and I would like to live somewhere he can’t pursue me. My dad is a co-signer on my lease but NOT a resident- will they go after him?... View More

Michelle  Lugo
Michelle Lugo
answered on Sep 6, 2024

If your Dad is a cosigner on the lease, they can contractually pursue him for any amounts agreed to in the lease, including any attorneys' fees incurred by the complex owner(s) pursuing the damages suffered as a result of the broken lease. That stated, you should consult with a landlord... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Can anything be done about my felonies? I'm tired of being punished.

I was convicted of 2 felonies at age 17 for False Alarm or Report and Burglary of a Building with intent to commit criminal mischief for breaking into an empty office building and spraying fire extinguishers with some friends when i was 17 in Texas in 2013. I have not been in trouble since. I am... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 6, 2024

Being a Felon is a burden. To answer your question: "Can I do anything about my felonies?", I would have to see your court records. Some felonies can be expunged, or removed from your records. However, that is available in very few situations. If you pled Guilty, and there was no... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: How do I get someone in jail released to inpatient drug rehab?

In Oklahoma

Tracy Tiernan
Tracy Tiernan
answered on Sep 6, 2024

Well, that is a bit of a simplification in terms of what a judge, or the state of Oklahoma, might be willing to do. When they arrest someone and place them in custody as they await criminal prosecution for a charge, absent some very special circumstances, they will usually remain in jail until they... View More

1 Answer | Asked in Criminal Law and Juvenile Law for South Carolina on
Q: Can I legally date my 17 year old partner once I turn 18 in South Carolina?
Casey Brown
Casey Brown
answered on Sep 6, 2024

The age of consent in SC is 16 years old. This does not apply if the "actor" is in a position of power with the other person such as a coach or teacher etc. Everyone has a specific facts that apply to them so it could be important to speak with an experienced criminal defense attorney to... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Is a conflict attorney better than a state attorney?
Rod Caruco
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Rod Caruco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 6, 2024

If I understand your question correctly, I think you are asking if a regional conflict counsel is better than a public defender.

Generally, and attorney, office, or firm can have a conflict of interest representing multiple individuals in the same case. In criminal law, that means...
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1 Answer | Asked in Criminal Law for Texas on
Q: What does bring defendant to court in person withdrawal modification plea mean

My husband is on deferred probation but he's in jail for mtag

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

It sounds like they will be bringing your husband to modify the terms of his deferred adjudication, or to revoke his deferred adjudication, for a violation of the terms of the same. Depending on which county your husband had pled, you can look-up his case and the status. To Revoke someone's... View More

2 Answers | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Georgia on
Q: In a crimenal case if I pea guilty does my lawyer have the rite to say I cannot withdraw my plea

I plead guilty to a felony crime because the lawyer wouldn't help in any just kept telling me it would be best to plead guilty a blind plea then when he handed the judge the paper work he said I also put on here he could not withdraw his plea does a lawyer have that kind of say

R. Blake Morton
R. Blake Morton pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2024

In Georgia, if a Defendant enter a blind plea, that is a plea that is not based on a recommendation from the State, then the Defendant has no right to withdraw their plea if they are given a sentence that they are unhappy with. When you plea under a negotiated plea, one with a recommendation, if... View More

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2 Answers | Asked in Animal / Dog Law and Criminal Law for Oregon on
Q: If you return a stolen dog in oregon can you still be charged
Jina Ly Clark
Jina Ly Clark
answered on Sep 4, 2024

I suggest you exercise your right to remain silent if you stole the dog. If you think returning the dog would cause too many questions, you could have someone you trust return the dog for you without making any statements. The dog owner will likely be grateful for the return of the dog. If you... View More

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2 Answers | Asked in Animal / Dog Law and Criminal Law for Oregon on
Q: If you return a stolen dog in oregon can you still be charged
Gregory L Abbott
Gregory L Abbott
answered on Sep 4, 2024

Of course you can - if you stole it to begin with. But you are a lot less likely to be charged and if you are, it likely would be a reduced charge or the D.A. is likely to agree to a much more favorable plea bargain than they would if you knowingly refuse to return the dog you stole.

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1 Answer | Asked in Criminal Law for Texas on
Q: I ran from Oklahoma police into Texas. Oklahoma didn't file charges on me Texas did. Texas was never in the chase.

How can tx file on me when I evaded oklahoma

Michelle  Lugo
Michelle Lugo
answered on Sep 4, 2024

This is a bit complex to answer because there is additional information needed to answer well. Whether or not Texas has legal grounds to charge you will depend on what all transpired after you entered Texas and what the State of Texas is charging you with. If it is evasion in Texas, then perhaps... View More

1 Answer | Asked in Personal Injury, Domestic Violence and Criminal Law for Utah on
Q: In Utah, I got arrested for DV/assault. I did not do this. Will the initiator still get in trouble?

x

James J. Lee
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James J. Lee
answered on Sep 4, 2024

If you got arrested, that means the police believe you committed a crime. While I'm not sure what you mean by "initiator", any other party involved in this incident would be considered a victim and/or a witness. The victim or witness would not be in trouble for anything. Of course,... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: If a process server places legal documents on your car windshield is that considered a legal service?

Getting ready to drive and he set in on the windshield and it blew off. He did not place it under the wiper.

I did not know it was a process server.

The individual was chasing after my vehicle hours prior, and upon returning to the same location later, he appeared again. When he... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 4, 2024

Who will do the considering, after hearing & seeing the evidence? Likely would be a judge. If the person being served could reasonably understand that they were being personally delivered papers, a judge would likely view that as effective personal service (even if the person never looked at... View More

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1 Answer | Asked in Criminal Law for Louisiana on
Q: Why is there a St Conf 11/15 and a Trial 1/27 underneath my name on the court docket?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 4, 2024

Without looking at the docket to see all of what is written and in which court it is pending, it's really gonna be a guess. That said, the guess is that this particular matter involving you has future court dates already set, namely a status conference set on November 15 and if the matter is... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: is it possible to have 10,000+ of interest removed by the judge i have fully paid off my restitution of 41,454.69

probation says i cant get off probation until the interest is also paid off. its been 12 years.

Justie Dee Nicol
Justie Dee Nicol
answered on Sep 3, 2024

Yes, you can petition the court for a modification of the interest amount. However, it will go a lot further if the PO is in agreement with a waiver of the case. C.R.S. 18-1. 3-202 provides that the court may grant probation upon such terms and conditions as it deems best, indicating the... View More

2 Answers | Asked in Criminal Law, Personal Injury, Traffic Tickets and Car Accidents for Colorado on
Q: I was involved with a road rage incident, I felt like I was in imminent danger, I drove around them and hit their door.

While driving in traffic, a driver brake checked me and parked their vehicle blocking any forward movement of my truck on the roadway. They exited driver side of their vehicle and proceeded verbally attack me. The driver began moving in aggressive mannerisms and and reaching into their vehicle. I... View More

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2024

You've probably placed your insurance carrier on notice already. This enables them to anticipate any future claims for property damage or bodily injury. Based on the circumstances, the average person would probably find your actions justified, since they were based on reasonable fear and not... View More

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2 Answers | Asked in Criminal Law, Personal Injury, Traffic Tickets and Car Accidents for Colorado on
Q: I was involved with a road rage incident, I felt like I was in imminent danger, I drove around them and hit their door.

While driving in traffic, a driver brake checked me and parked their vehicle blocking any forward movement of my truck on the roadway. They exited driver side of their vehicle and proceeded verbally attack me. The driver began moving in aggressive mannerisms and and reaching into their vehicle. I... View More

Justie Dee Nicol
Justie Dee Nicol
answered on Sep 3, 2024

How lucky an officer was nearby! I would still file an accident report for insurance purposes. I would also let your insurance know what you indicated here: that you were in fear for your safety and drove away from an unsafe situation. They can determine culpability for the damages. You may also... View More

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1 Answer | Asked in Contracts, Criminal Law, Estate Planning and Elder Law for Georgia on
Q: Is it probate fraud to use the "no admin required" for estates above $15,00.00 in GA? 'it is a "license to steal"

I am waiting for a trial date that was moved from Gwinnett to Fayette County. I believe I've been a victim of Probate Fraud. The executor and his lawyer got me to sign a " no administration required" early on. Theses were meant to be used in small estates worth $15,000.00 or less.... View More

James Clifton
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James Clifton
answered on Sep 3, 2024

There is no monetary limit on a No Administration Necessary filing. The only requirements are:

1. All heirs must agree to the distribution of the assets of the estate.

2. There are no debts of the estate.

3. If there are debts of the estate all creditors have consented to...
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1 Answer | Asked in Criminal Law and Civil Litigation for Connecticut on
Q: A lawyer is having a conference call with me soon. I am representing myself in this case. Can I have a friend listen in?

The lawyer has been downright verbally abusive over email and I would like someone to witness it if he decides to threaten me or say something to intimate me that he doesn't wish witnessed. I am in CT and he is in IL

Carlton S Chen
Carlton S Chen
answered on Sep 3, 2024

You certainly may offer to speak on the phone with this lawyer so long as you inform him or her that you will have someone listen in and take notes. But make sure that you announce in advance the presence of this person on the call. Then, the lawyer certainly has the prerogative not to speak with... View More

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