Federal Crimes Questions & Answers by State

Federal Crimes Questions & Answers

Q: If Hobb's Act Robbery is no longer a crime of violence does ones indictment with the charge still stand?

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Florida on
Answered on Nov 18, 2017

The Hobbs Act is a federal statute dealing with robbery or extortion affecting interstate commerce. It is codified as 18 U.S.C. § 1951. Normally, an amendment to a criminal statute doesn't affect pending prosecutions under that statute. Here is a link to the text of the Hobbs Act: https://www.law.cornell.edu/uscode/text/18/1951

It appears that the act hasn't been amended since 1994. He can ask his attorney, but it doesn't look to me that he has a viable argument that the...
View Details »

Q: How is the phrase "throwing incendiaries" used most in criminal law? Any object or just flammable/explosive ones?

1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Florida on
Answered on Nov 18, 2017

Florida Statute 790.161 provides that "....—A person who willfully and unlawfully makes, possesses, throws, projects, places, discharges, or attempts to make, possess, throw, project, place, or discharge any destructive device:

(1) Commits a felony of the third degree ..."

Florida Statute 790.001 Definitions; provides that

"—As used in this chapter, except where the context otherwise requires:


(4) “Destructive device” means any bomb,...
View Details »

Q: 2C:52-11B(1) charges amended question. PLEASE ANSWER IF YOU CAN. THANK YOU!

3 Answers | Asked in Criminal Law, Federal Crimes and Employment Law for New Jersey on
Answered on Nov 18, 2017

2C:52-11 is in the expungement section. You were likely charged with 2C:20-11, shoplifting. The loitering is not a theft charge and as an ordinance is rarely seen on the CCH, the official record normally checked by employers, anyway. The problem is that the original charge is still on there and it is a theft offense. You can expunge the record two years after your sentence is over, on an ordinance normally when the fines are paid. But why did you plead to anything? The video would certainly...
View Details »

Q: is there a deadline for the DA to press charges? Will i be notified if case thrown out?

3 Answers | Asked in Federal Crimes and Domestic Violence for California on
Answered on Nov 16, 2017

if you are the victim and want charges to be dropped do not wake a sleeping dog.

if you call another DA might look for it or at it and push the case..........

time is on your side.............misdemeanors are usually filed within a year and felony's 3 yrs
View Details »

Q: what type of lawyer do i go to to start a federal audit on a not for profit institute

1 Answer | Asked in Federal Crimes for Florida on
Answered on Nov 16, 2017

I don't know that you need a lawyer with a particular area of emphasis for this one. Any lawyer interested in helping you with it could probably look into it for you. What specific relationship do you have with the nonprofit; in other words why does it matter to you?
View Details »

Q: Can I press charges against someone who intentionally hit my dog?

1 Answer | Asked in Animal / Dog Law, Federal Crimes and Wrongful Death for California on
Answered on Nov 16, 2017

It is hit and run, which is a misdemeanor if another person's property was damaged. Dogs are considered property. Call the police, make a report. It's up to them whether to pursue it.
View Details »

Q: has my son's riggt to speedy trial been violated?

1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Answered on Nov 14, 2017

If you waive your right to a speedy trial then the set trial date is proper. However, the AUSA can only in rare circumstances cause the trial to be delayed. You would have to object or move for a dismissal to preserve your objection. The specifics of the situation would have to be examined.
View Details »

Q: When My Great Grandmother died 1942 My Grandmother never received her Inheritance. Orange County, FL. How can we claim ?

1 Answer | Asked in Real Estate Law, Civil Rights, Federal Crimes and Land Use & Zoning for Florida on
Answered on Nov 13, 2017

There is absolutely no way to answer a question like this via this online forum. Many many issues and the amount of time that has passed likely make this case not viable. But if you want to pursue you need to get offline and get into a real estate attorney’s office in Orange County and hire the attoeney to do the massive amount of research to even to see if you have a remote chance of success.

Good luck.
View Details »

Q: If a parent “steals” and eats Halloween candy’s from a child, without the child’s consent, would that be stealing?felony

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on
Answered on Nov 12, 2017

Technically yes.
View Details »

Q: Hi I’m 18 and my boyfriend is 37. Can my mother press charges even though I waited until I turned 18?

2 Answers | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Answered on Nov 10, 2017

She could certainly try. It would be very tough for a prosecutor to engage in a case like this because of the difficulty in proving any contact. There may be some charges for corruption of a minor but that would be again very difficult for them to prove. Keeping in mind that pressing charges is a myth, and that the only person that can bring charges is the commonwealth.

It's impossible for me not to say a word about your relationship, which is questionable on so many levels. His being...
View Details »

Q: In New Jersey, what are the teen sexting laws? If I am 16 and my girlfriend is 18, can we send private sexual photos?

2 Answers | Asked in Criminal Law, Communications Law and Federal Crimes for New Jersey on
Answered on Nov 8, 2017

You both run the risk of being charged with possession of child pornography. In addition, it is a very bad idea to share nude or intimate pictures of yourself with anyone.
View Details »

Q: Can you please explain and give a general opinion on what I should do.

2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Federal Crimes for New Jersey on
Answered on Nov 8, 2017

Here we go:

2c:29-1A. : Obstructing Administration of Law. Either 4th degree crime or disorderly persons

2c:36-2. Possession with Intent to Use (Disorderly persons)

2c:35-10a (1) and 4). Possession of a Schedule 1-4 drug and a possession of 50 grams of Marijuana (3rd degree and disorderly persons)

2c:35-10a (1). Possession of 1-4 Drug (this is a 3rd degree crime)

What do you feel the outcome is going to be?

Do you think he could get any of them...
View Details »

Q: If a 17 year old male beat up a 14 year old female, what charges would he receive?

1 Answer | Asked in Federal Crimes, Domestic Violence and Juvenile Law for Michigan on
Answered on Nov 6, 2017

Any charges issued are in the discretion of the local prosecutor's office. Likely, he could be charged with assault. If the female is his sister, other relative, or for whatever reason lives in the same household, then he could be charged with domestic violence. Other charges are possible depending on the extent of injuries or use of weapons or objects.
View Details »

Q: If an assault happened in the past but cops where never called but have pictures to prove the assault can anything

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Answered on Nov 3, 2017

Limitations is 2 years on misdemeanor assault so, if you convince law enforcement to file charges, they COULD legally be filed up to 2 years from the date of the incident.

That said, photos just prove you had bruises and a busted lip at some time in the past. Photos do not prove HOW these injuries happened, WHEN they happened, WHERE they happened, WHO causes the injury. Photos also do not prove WHO started the fight, photos can't show that the force used against you was not justified...
View Details »

Q: So this Monday the judge will sentence him?

1 Answer | Asked in Criminal Law and Federal Crimes for California on
Answered on Nov 2, 2017

not sure what this is about.

there are many factors to decide if wobbler..............good luck
View Details »

Q: On 11/6/17 will be his 3 time in court, pre preliminary trial. He waived 10 day to be stand trial. So it on 11/6/17 is

2 Answers | Asked in Criminal Law and Federal Crimes for California on
Answered on Nov 2, 2017

California Penal Code section 25800 as a felony has a range of punishment from 16 months on the low term to 36 months on the high term. However, it is also what's known as a "wobbler" meaning that it can be alternatively charged as a misdemeanor with a maximum punishment of no more than 1 year in the county jail.
View Details »

Q: Can I bring my gun to TN with me without a concealed weapons permit?

1 Answer | Asked in Criminal Law and Federal Crimes for Florida on
Answered on Nov 1, 2017

I believe this would be ok in Florida. You would have to check the laws of the other states through which you will be traveling.

A a practical matter, however, what you are proposing doesn't seem actually provide much real protection. You probably wouldn't be able to have the loaded firearm in your hand in time to protect yourself.
View Details »

Q: How many years to you get for capital murder and aggrevated assault?

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Answered on Oct 30, 2017

Capital murder is the big one. It's most likely that if he is guilty of capital murder the he is looking at either death or life without parole
View Details »

Q: How can I respond to appellate court on why appeal was filed untimely and my attorney didn't advise me

1 Answer | Asked in Criminal Law, Immigration Law, Federal Crimes and Legal Malpractice for California on
Answered on Oct 30, 2017

your lawyer does that for you.

if you lawyer screwed up courts will often allow you to correct it...................seek the advice of another lawyer who handles this area of law to look into it to determine if there is legal malpractice.
View Details »

Q: What can i do if my attorney created false evidence and charges to guarantee my deportation and took away my rights

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for California on
Answered on Oct 30, 2017

a lawyer would need more info.

what state?


have you talked to another attorney for a review?
View Details »

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.