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Federal Crimes Questions & Answers
1 Answer | Asked in Federal Crimes for Tennessee on
Q: Can my title 40 be used on a felony charge that I was never convicted of?

I was charged with aggravated assault but the case got dismissed in court. I believe the DA used my title 40 to erase the charge from my record even though I wasn’t convicted.

Anthony M. Avery
Anthony M. Avery answered on Jan 20, 2020

What is your question? You do not have a "title 40". That comprises hundreds of Statutes. Hopefully your charge was actually dismissed, which allowed you to expunge the records. It is not automatic, and it can be extremely difficult with lesser included offenses, etc. Hire a competent TN... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: If someone uses another persons Facebook messenger to send money to themselves with a stolen credit card linked to acc

Someone stole a credit card and linked it to their Facebook messenger for Facebook payment then another person logged into their Facebook messenger and sent themselves money to their Facebook messenger

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 20, 2020

This is a crime go to the police.

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Federal Crimes for Texas on
Q: Looking to get a public defender or lawyer not sure what to do next?

Possession of ampthetampine and a firearm . Pistol was legal and in my vehicle passenger was arrested with the drugs also never told them they could search to begin with . They ran my pistol an when it came back clean he said I’ll go put this back for you and proceeded to search car then persons.

Grant St Julian III
Grant St Julian III answered on Jan 18, 2020

If you cannot afford an attorney, you can request the Court appoint an attorney to represent you. If you believe you can retain a lawyer, start calling attorneys in your area. Good luck.

1 Answer | Asked in Criminal Law, Construction Law, Federal Crimes and Gov & Administrative Law for Kentucky on
Q: Our sheriff has pergerd himself in court, planted evidence even signed a judges name on search warrants who can fire him

He has shown he will break the law how can he still arrest people and testify after showing he will break the law He was caught on camera planting evidence

Timothy Denison
Timothy Denison answered on Jan 17, 2020

Same answer as the other questions.

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law for Kentucky on
Q: Our sheriff has best prisoners had to step down as constable He's signed illegal search warrants

Why hasnt he been fired who do we contact!?

Timothy Denison
Timothy Denison answered on Jan 17, 2020

See my other answer to this question!!

1 Answer | Asked in Criminal Law and Federal Crimes for Illinois on
Q: if someone has a class x felony and eight class 2 felonies in IL, can a lawyer minimize upcoming sentence
Juan Ooink
Juan Ooink answered on Jan 17, 2020

This is something for you to discuss with your attorney. Only your attorney will have to needed information in order to address your concerns. If you have not hired an attorney yet, you should do so right away. The sooner you hire an attorney, the better.

1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Gov & Administrative Law for Georgia on
Q: Local Police and USPS mail regulations

This question is for attorneys well-versed in USPS regulations. Does a county police officer (not state or Federal) have the right to stop and interrogate a USPS mail carrier to ask them to verify an addressee's name on a delivered mail item? The police officer in this analogy has no search... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 17, 2020

The simple answer is no. Since USPS is a governmental agency with specific regulations and rules, it is best to sift all these type grievances through their channels. On the surface, it appears to be a privacy issue. It is always best to consult an attorney who can assess the specifics of your... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Maine on
Q: How long does 1st appearance in Maine take? Can you go to bathroom in the middle? At what point are you considered done?
William T. Bly Esq
William T. Bly Esq answered on Jan 17, 2020

There is a difference between an initial appearance and an arraignment. An initial appearance is reserved for felony charges. At that hearing, the judge will discuss the charges with you, ensure you understand the maximum penalties allowed by law (if convicted), set bail (if not already set) and... Read more »

2 Answers | Asked in Criminal Law, Federal Crimes and Civil Rights for Texas on
Q: Can you be put under arrest for no insurance in a regular traffic stop?

I got stopped cop says he smells marijuana and I deny and deny he ask to search vehicle I don’t give consent, he then comes and tells me I have no insurance on vehicle then says I don’t care about the insurance man just tell me how much bud you have in here.. I say there’s no bud I don’t... Read more »

Grant St Julian III
Grant St Julian III answered on Jan 16, 2020

Yes, you can be arrested for no insurance on a traffic stop. I don't know the totality of the state's evidence, but if you don't trust your attorney, go hire another one. Good luck.

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1 Answer | Asked in Civil Litigation, Federal Crimes, Legal Malpractice and Medical Malpractice for Georgia on
Q: Are there any requirements that a witness or testimony must meant before they/it can be used in the court of law?

For example, when a person claims they were present when a crime took place, would they have to prove this in anyway or is any person who claims to know something about a case accepted?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 16, 2020

This is typically proven in court on direct and/or cross examination. This is the importance of good legal counsel. If you haven’t already, it is best to contact an attorney who can assist you with the specifics of your case and provide you with tailored representation.

We are glad to...
Read more »

1 Answer | Asked in Bankruptcy, Criminal Law, Federal Crimes and White Collar Crime for Florida on
Q: I need an attorney who has extensive experience in cases as a defendant vs the SEC in Miami

See: SEC vs Dayne Roseman (Google search will show case and prosecutors)

Jonathan Blecher
Jonathan Blecher answered on Jan 16, 2020

I know an excellent lawyer, however I don't think I'm permitted to make referrals in this forum. You are free to reach out to me through my profile on Justia for more information. Jonathan Blecher

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for California on
Q: I believed I'm involved in an entrapment case (string operreation) where law enfiorcment are trying to imprison me

Drewgarcia3017@gmail.com

669-204-4623

William M. Weinberg
William M. Weinberg answered on Jan 15, 2020

Consult a local criminal attorney in person and don’t publish anything about the case here.

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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: I am a woman who was traveling alone to Dallas. I stayed in a hotel alone. I had my handgun in my purse.

I forgot about it when I went thru security at DFW. I have a handgun carrying license. The state police took all my info, allowed me to return the gun to my car, and I made my flight. What will happen now? TSA is federal, so what do I do?

Mark Ryan Thiessen
Mark Ryan Thiessen answered on Jan 15, 2020

Yep, that happens. Thankfully TSA was cool and let you return it to your car. I doubt anything happens. Consider it a warning. They usually arrest you and you get a criminal charge at the airport.

1 Answer | Asked in Criminal Law, Federal Crimes, Juvenile Law and Sexual Harassment for Utah on
Q: If a guy is 19 years old and dating a 17 year old can parent call cops and get guy in jail or anything

19 year old guy dating 17 year old girl, and hasn’t committed sexual intercourse can parent get cops involved and have 19 year old arrested and charged

Lane Wood
Lane Wood answered on Jan 15, 2020

Having dealt with similar cases before, I know that these situations can be difficult. I don't know if the 19 year old guy is doing anything particularly bad or if you simply don't want him around your daughter. Unfortunately, with the information provided, I do not believe that the situation you... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: Can a retired Superior court judge sit in as a judge in criminal trial case?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 15, 2020

Yes, they can. It’s typically called “senior status” and allows them to handle cases on an as needed basis.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: Is there an automatic year parole denial if the offender is on parole when caught with firearm??

I have a buddy who was going to serve a 90 day parole violation on January 9th and got caught with a gun... Will he automatically get a year denial when he goes up for parole or is it an option but not automatic??

Adam Joseph Childers
Adam Joseph Childers answered on Jan 14, 2020

A violation of parole does not mean that an individual will get an automatic year of incarceration. If your friend signed for 90 days on the parole violation then he will be released after the 90 days pending the outcome of the new charge and any bond they will have to make after the parole hold... Read more »

1 Answer | Asked in Federal Crimes for Texas on
Q: Can a felonie for domestic violence be dismissed or removed if new evidence is submitted?
Roy Lee Warren
Roy Lee Warren answered on Jan 13, 2020

Yes, it can, however getting such is very difficult because you must file a writ and obtain a new trial and then you must win the new trial. I doubt the DA's office would agree to reverse the case unless you have some super compelling evidence that you could not have discovered before the trial.

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: I was arrested for accessory after the fact but can I be charged with it when I had no knowledge he resisted arrest

Or stole a truck when he came from a different county and picked me up he told me the vehicle was loaned to him and that he came to check on me bc I had no contact with him for two weeks prior to him showing up

Cayley Turrin
Cayley Turrin answered on Jan 13, 2020

You can still be charged but it may be hard for them to prove.

1 Answer | Asked in Criminal Law, Federal Crimes, Insurance Bad Faith and White Collar Crime for Texas on
Q: What kind of Attorney handles victim of Texas Work Comp Insurance Fraud?
Tim Akpinar
Tim Akpinar answered on Jan 11, 2020

In terms of prosecution, Workers' Comp and other types of insurance fraud cases are generally handled by the County District Attorney's office or the U.S. Attorney's Office. In terms of defense, they are generally handled by criminal defense attorneys, usually with insight into white collar crime.... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Maine on
Q: In Maine, at what point in the pre-trial process is a person released, and how would someone's bail be denied?

So to clarify my question a little more:

I'm a writer, and looking to do some research for my book. In it, someone is arrested on a felony, and the prosecution argues that he's dangerous and his bail should be denied.

So firstly: at what stage would the prosecution argue this?... Read more »

Hunter J Tzovarras
Hunter J Tzovarras answered on Jan 11, 2020

The bail would be argued at the initial appearance.

If someone is granted bail they are released right away after the initial appearance.

Hope that helps. Thanks

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