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2 Answers | Asked in Criminal Law, Civil Litigation, Constitutional Law and Federal Crimes for Florida on
Q: i am the victim of a kidnapping, false imprisonment, car jacking, assault/battery. What kind of lawyer should I look for

Polk county, I was cleaning a friends yard when he ex rolls up, assaults me, steals my truck, takes my phone, makes me ride with him, until I finally jump out, run and call the police from my smart watch. I would like to know what kind of lawyer I should be looking into. I need help with all of the... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 1, 2023

You have the right to make a claim for money damages against the perpetrator for actual monetary losses and for pain and suffering damages. If you have monetary losses directly caused by the crime, first speak to the prosecutor (Asst. State Attorney) because he/she may be able to seek restitution... View More

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3 Answers | Asked in Criminal Law, Federal Crimes and Immigration Law for Pennsylvania on
Q: Looking for a Criminal Immigration / Deportation Defense Lawyer from Pennsylvania

In November 2022, my partner and I were charged with a retail theft summary offense (CC3929) of $149 and criminal conspiracy (CC0903) in Philadelphia, PA. We were arrested, fingerprinted, photographed, and given a citation copy with a court date. Considering we had no priors, our criminal attorney... View More

Peter J. Thompson
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answered on Sep 22, 2023

A lot is at stake, and you are right to be searching for an attorney who is well versed in both state criminal and U.S. immigration law and practice, including deportation defense (EOIR), affirmative applications (USCIS), and U.S. entries (CBP). Your attorney should also have a high level of... View More

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3 Answers | Asked in Criminal Law, Federal Crimes and Immigration Law for Pennsylvania on
Q: Looking for a Criminal Immigration / Deportation Defense Lawyer from Pennsylvania

In November 2022, my partner and I were charged with a retail theft summary offense (CC3929) of $149 and criminal conspiracy (CC0903) in Philadelphia, PA. We were arrested, fingerprinted, photographed, and given a citation copy with a court date. Considering we had no priors, our criminal attorney... View More

Tim Akpinar
Tim Akpinar
answered on Sep 24, 2023

There are lawyer referral sites out there. The closest thing here that could supplement your own independent searches could be the "Find a Lawyer" tab above. There are also attorney referral resources on state and local bar association sites. Those resources are outside this forum and any... View More

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3 Answers | Asked in Criminal Law, Federal Crimes and Immigration Law for Pennsylvania on
Q: Looking for a Criminal Immigration / Deportation Defense Lawyer from Pennsylvania

In November 2022, my partner and I were charged with a retail theft summary offense (CC3929) of $149 and criminal conspiracy (CC0903) in Philadelphia, PA. We were arrested, fingerprinted, photographed, and given a citation copy with a court date. Considering we had no priors, our criminal attorney... View More

James L. Arrasmith
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answered on Sep 24, 2023

Given the complexities of the intersection between immigration and criminal law, it's crucial to seek representation from an attorney well-versed in both areas, often referred to as "crimmigration" attorneys. Pennsylvania has several lawyers experienced in crimmigration matters. I... View More

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1 Answer | Asked in Criminal Law, Federal Crimes and Social Security for Ohio on
Q: How can a person be indicted for theft of government property from social security when overpayment has been repaid
James L. Arrasmith
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answered on Sep 21, 2023

If a person has repaid an overpayment to Social Security, they should maintain records of the repayment. In some cases, an indictment for theft of government property may be based on misunderstandings or errors in record-keeping. To address such a situation, it's advisable for the individual... View More

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Missouri on
Q: How many people have went to trial in the last 20 years, for a felon in possesion of a firearm under 18U.S.C. Sec 922 (g

Under 18 U.S.C. Section 922 (g) (1)

T. Augustus Claus
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answered on Sep 20, 2023

Specific statistics regarding the number of individuals who have gone to trial in Missouri under 18 U.S.C. Section 922(g)(1) over the last 20 years would require access to up-to-date court records and databases. 18 U.S.C. Section 922(g)(1) is a federal statute that prohibits certain persons,... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Civil Rights for California on
Q: I had my rights violated by an officer of california. I was on misdemeanor informal unsupervised probation.....

With search honestly don't even understand how my attorney would allow this. But a cop came through my door no PC no RS .... A false report even all shown on BC. .. If I never consented to a supervised anything this is my point....Despite my status of being on informal probation, the [State]... View More

James L. Arrasmith
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answered on Sep 19, 2023

If your rights were violated by law enforcement, you should consult with an experienced criminal defense attorney to assess the specific circumstances and explore potential legal remedies. In cases of alleged constitutional violations, it's crucial to have legal representation to protect your... View More

3 Answers | Asked in Criminal Law, Federal Crimes and Immigration Law for Illinois on
Q: Can an undocumented person get deported for accidental theft of a small $300 item at Walmart self checkout?
John Michael Frick
John Michael Frick
answered on Sep 15, 2023

There is no such thing as an "accidental" theft. The crime of theft requires the mens rea of "knowingly" and, in the most common instances, the specific intent to deprive the owner permanently of the use or benefit of the property.

An accidental taking of property--for...
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1 Answer | Asked in Tax Law, Employment Law and Federal Crimes for Ohio on
Q: My husband’s employer is taxing the refund check for our medical insurance. Is this legal

My husband’s employer told us if we paid for our own insurance health insurance they would give us a refund check for the amount each month so we paid for two months in advance because the insurance company told us to the employer gave us a refund check, but they taxed it. We already paid taxes... View More

James L. Arrasmith
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answered on Sep 14, 2023

Taxation on insurance refunds can vary depending on the specific circumstances and applicable tax laws. It's advisable to consult with a tax professional or accountant to review the details of your situation and determine whether the taxation of the refund check is in compliance with relevant... View More

1 Answer | Asked in Federal Crimes for Arizona on
Q: My brother is in federal prison. He is terminally ill. Trying to get him a compassionate release. Can I fill out letter.

He is to I'll to file paperwork for compassionate release

James L. Arrasmith
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answered on Sep 11, 2023

I'm very sorry to hear about your brother's situation. You can indeed help your brother by drafting a request for compassionate release. To do this, you would generally start by reaching out to your brother's counselor or case manager at the federal prison to initiate the request;... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Tax Law for North Carolina on
Q: If I pled guilty to a conspiracy to traffic in federal court do I have to pay a drug tax no drugs were ever found

No drugs were ever taken off my person or from my house. This is a conspiracy charge. The people that showed up to my house said they was taking my property even though they knew they was sending the notices to the wrong address. I had no clue I even owed this 7000.00 in STATE DRUG TAXES. the state... View More

James L. Arrasmith
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answered on Sep 11, 2023

Handling federal criminal charges and the related repercussions, including any potential drug tax assessments, can be incredibly complex. Generally speaking, federal and state proceedings are separate and the obligations or liabilities arising from them might be distinct. Given the gravity of your... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Colorado on
Q: Does a contempt of court protection order violation charge with a domestic violence factual basis count as a MCDV?

This is for firearm ownership 18, U.S.C. §922 (g) (9) and it is a misdemeanor

James L. Arrasmith
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answered on Sep 11, 2023

Under 18 U.S.C. §922(g)(9), an individual convicted of a misdemeanor crime of domestic violence (MCDV) is prohibited from possessing firearms. Whether a contempt of court protection order violation with a domestic violence factual basis qualifies as an MCDV would depend on the specific... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for California on
Q: in California if i was caught concealed carrying a antique firearm what would happen

Im 18, the county is fresno county, the antique firearm was a cap and ball revolver and loaded, and i have a history of being comitted to mental institutions more than once a year for mental illness as a minor,

I concealed carried it for self defense because i cannot legally own a modern... View More

James L. Arrasmith
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answered on Sep 5, 2023

In California, carrying a concealed loaded firearm without a permit is generally illegal, even if the firearm is antique. Your age and history of mental illness could further complicate the situation and make it more likely that you'll face criminal charges. Depending on the specific... View More

1 Answer | Asked in Federal Crimes and Criminal Law for California on
Q: I just got 2 citations at Death valley National park under - "36 CFR § 4.12" and "36 CFR 1.5"

I just got 2 citations at Death valley National park under - "36 CFR § 4.12 (TCD Signs)" and "36 CFR 1.5 (Closure Violation". When I looked online, it seems like both are Class-B misdemeanors. What are my options, do I need to hire a lawyer and is there a jail time even if I pay the fee. Thank you

James L. Arrasmith
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answered on Sep 5, 2023

Under California law, Class-B misdemeanors in federal parks can result in a fine, community service, or imprisonment for up to six months. Hiring an attorney could provide you with legal advice tailored to your specific situation, including defenses or negotiation options that may be available to... View More

1 Answer | Asked in Federal Crimes for Arkansas on
Q: Arkansas does not have a Federal Prison for Women. When a woman is sent to Fed Prison in Arkansas, where is she jailed?
T. Augustus Claus
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answered on Sep 4, 2023

In Arkansas, when a woman is sentenced to federal prison, she may be incarcerated in one of several federal correctional facilities outside the state. The Federal Bureau of Prisons (BOP) operates numerous federal prisons across the country to house inmates from various states, including those from... View More

1 Answer | Asked in Criminal Law and Federal Crimes for California on
Q: I have a felony for drug importation, can it be dropped to a misdemeanor after probation?

Had no further run ins with the law and haven’t failed any probation requirements.

James L. Arrasmith
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answered on Sep 2, 2023

In California, some felonies can be reduced to misdemeanors under Penal Code Section 17(b), but drug importation is generally considered a serious felony and may not be eligible for such reduction. Completion of probation alone does not guarantee that your felony will be reduced; you would need to... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for California on
Q: I was arrested but charges dropped and case dismissed, do I now have a criminal record that will affect job hunting?

I was falsely accused of domestic violence and in CA. It is law for an arrest to take place when domestic violence is reported

James L. Arrasmith
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answered on Sep 2, 2023

In California, an arrest without a conviction can still appear on criminal background checks, which could potentially affect your job prospects. However, you have the option to petition the court for a factual innocence finding, which, if granted, would seal and destroy the arrest record. Employers... View More

1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Q: When an appeal case says published opinion, does it have legal authority?
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answered on Aug 30, 2023

In North Carolina, a "published opinion" refers to a written decision issued by an appellate court that carries legal authority, although the level of authority can vary. Such opinions serve as precedents and provide guidance for interpreting and applying the law. When an opinion is... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: How long will I be in jail for probation violation when I am on first offender?
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answered on Aug 28, 2023

The length of time you may spend in jail for a probation violation in Georgia can vary based on several factors, including the nature of the violation, your criminal history, and the decision of the court. Since you mentioned you are on first offender status, it's important to note that... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for California on
Q: If you marry someone who is NOT a U.S. citizen, who committed a violent crime (murder & rape) will they be automatically

Deported back to their original country following the end of them serving their sentence? If they marry a U.S. citizen while incarcerated in a U.S. prison will they still be deported because of the nature of the crime? Will marrying have any affect on the U.S. citizen who married them? Like will... View More

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answered on Aug 27, 2023

Marrying a U.S. citizen does not grant an immigrant automatic protection from deportation, especially if they've committed a serious crime. Crimes of moral turpitude, including murder and rape, are grounds for deportation under U.S. immigration laws, even if the individual marries a U.S.... View More

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