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Federal Crimes Questions & Answers

1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for Oklahoma on

Q: When a federal law appears to contradict a SCOTUS majority opinion, but is not directly addressed; which preempts?

Melissa Oxford answered on Jun 17, 2019

It depends on when the federal law was enacted, before or after the opinion, and whether or not the opinion addresses the statute and declares it unconstitutional or otherwise invalidates it.

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Juvenile Law for Florida on

Q: How long can you get if you are a minor at the age of 16 and get caught with a warrant?

Gary Kollin answered on Jun 17, 2019

A warrant for what?

Anyone under 18 is a minor

1 Answer | Asked in Civil Litigation, Civil Rights and Federal Crimes for California on

Q: Can I suit the County for an assault from the guards

I was assaulted by the guards producing bodily injuries. And because I blow the whistle there was abuse of my due process and there was a malicious prosecution under color of law and on 5-9-19 my case was dismissed. Can I sue the County

Louis George Fazzi answered on Jun 15, 2019

You can sue the guards for assault and battery if the charges against you were dismissed. The time within which to do so is short, so you should contact a lawyer with experience in civil rights cases to guide you through the process. You could also sue the county which employed the deputies. A good... Read more »

1 Answer | Asked in Federal Crimes for Texas on

Q: Probation on felony charge?

I have a pending felony charge against me.injury to a child with intent and bodily injury. First time offender.no criminal history.the da has not offered any deals according to my attorney, nor has he looked through said attorneys probation offer.trial is coming up.what can I do to possibly just... Read more »

Gary Kollin answered on Jun 15, 2019

I will not second guess your attorney. If you do not trust your attorney then retain a new one

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Louisiana on

Q: What steps am I supposed to take now and also how do I remain a freeman and protect myself?

I was recently on a video chat and I believe someone(In another country)was going to show me something illegal. I am not fully aware of what I saw,I had a bad feeling about it so I first closed my laptop screen and then opened it and exited out immediately(or pretty much the same time). Upon... Read more »

Ellen Cronin Badeaux answered on Jun 15, 2019

Consult with a criminal attorney so that you can give more details

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Divorce for Texas on

Q: Can a no-contact order be obtained against me to keep me from my wife even though I never committed violence or threat?

I have not spoken too nor seen my wife in 15 months and suddenly, 3 weeks ago, at a hearing in my criminal case the prosecutor motioned for the order judge gave the order. He has also told my wife not to let me have anything not even a car in my name. I was falsely accused of a crime from... Read more »

Kiele Linroth Pace answered on Jun 14, 2019

The prosecutor can't issue an order... they most they can do is make a motion requesting that the judge issue an order. The judge has fairly wide discretion regarding what she can order the defendant to do (or not do) when it comes to matters of protecting an alleged victim or even the general... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on

Q: Good day, how can I know if there is an arrest warrant against any person or, if applicable, an extradition order?

The intention is to know where the problem is (we already know that he has a problem) and try to attend to it.

Zachary Divelbiss answered on Jun 13, 2019

One of the best ways to see if someone has a warrant is to contact the Department of Public Safety at 602-223-2233. They will ask for your name and date of birth in order to look up if you have a warrant and will be able to tell you right then and there.

1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on

Q: Can the Da dispose a weapon in a case without having it tested for DNA or prints but get the defendant convicted

And in the process of disposing the weapon create a forfeiture and seizure but never send me or my attorney the final order of forfeiture I just filed motionfor DNA testing on the disposed firearm can this finally get dismissed

Keegan Kelley Harroz answered on Jun 13, 2019

Yes, if the proper procedures are followed. There must be a court order to destroy evidence.

2 Answers | Asked in Criminal Law and Federal Crimes for Iowa on

Q: What can I get charge with ?

House was raided a month ago, I guess they were told that I was taking trips to Mex n bringing back with me large quantities of dope or through mail. During the raid a digital scale, a personal amount of dope, close $5000, and a ziploc bag was found, my phone along texts and laptop which I got... Read more »

Gary Kollin answered on Jun 12, 2019

Stop trying to play lawyer. You desperately need a lawyer.

You are facing serious time.

Stop talking to EVERYONE.

DO NOT BE PENNYWISE AND DOLLAR FOOLISH.

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Washington on

Q: How can I find a Lawyer to help my son, who is incarcerated, write his brief for appeal court?

My son need a Lawyer that will help him was appeal brief, so he can get an appeal. The family is will to give a fee for this service.

Stan Glisson answered on Jun 10, 2019

There are many lawyers around the state who specialize in appeals. I highly recommend Jeremy Morris, but full disclosure he is my law partner.

You should be able to find appellate lawyers with a quick search.

2 Answers | Asked in Consumer Law, Criminal Law, Federal Crimes and Bankruptcy on

Q: Hello, i booked a villa through a very popular website. It turned out to be a fraud.

1-we payed the full amount, just because its bot the first time.

2- the website canceled the booking because they know that the host has violated some rules (however they did not state it in the email or sms) so we didnt know why the canceled.

3- if we knew that the host violated... Read more »

Gary Kollin answered on Jun 9, 2019

If you used your credit card, did you seek a refund?

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1 Answer | Asked in Criminal Law, Civil Litigation, Collections and Federal Crimes for New Jersey on

Q: Adp mistakenly sent taxes on payrolls that were done in error by an employee that did not know how to process payroll

mistakenly sent taxes on payrolls that were done in error by an employee that did not know how to process payroll accurately. Payrolls were voided immediately (proof can be provided by adp)

But taxes and paycheck monies were drafted out of my pnc account totaling over 200k my bank was... Read more »

H. Scott Aalsberg Esq. answered on Jun 7, 2019

You really need to seek an in person consultation where the attorney can see all the paperwork to give you a proper answer, but expect to pay for the attorneys time as that is not part of the normal criminal free in office consultation.

1 Answer | Asked in Federal Crimes for Oklahoma on

Q: How do I find out what judge has been assigned to a federal case

I need to know what judge will be hearing the case of USA v. Brandon Hatchett case 5: 19-cr-00148-D in the United States District Court for the Western District of Oklahoma. I believe the court date is 7-9-19

Gary Kollin answered on Jun 7, 2019

Call the clerk’office

1 Answer | Asked in Criminal Law and Federal Crimes for Colorado on

Q: Is a penalty assessment a criminal violation

I have a deferred sentence and one of the conditions is no criminal violations. I recently got a penalty assessment for fishing without a license and have to pay $70. Will this effect my deferred sentence.

Mr. H. Michael Steinberg answered on Jun 6, 2019

It should not. Technically a penalty assessment is a civil - not a criminal - offense. You should be - will be - fine.

1 Answer | Asked in Federal Crimes for Tennessee on

Q: I live in Tennessee. I have been married 40 years. Can my husband name someone else as beneficiary on insurance policies

Anthony M. Avery answered on Jun 5, 2019

On any Insurance Policy where he is paying premiums and is the listed insured, he can designate any beneficiaries he wants.

1 Answer | Asked in Criminal Law and Federal Crimes for Kentucky on

Q: Is their a time frame when they can seize item

My grandpa car was seized. May 30 Police didn’t give any paper work when they took his car. Police came at my house on May 16. They arrested four people and found a gun drugs and bullets n best. I wasn’t home and items where found in common area.

Timothy Denison answered on Jun 4, 2019

Make a motion in the criminal case for the return of grandpas car.

1 Answer | Asked in Criminal Law and Federal Crimes for Kentucky on

Q: Can you be charge for items found if it was in a common area and you wasn’t there

A search and arrest was done while I wasn’t home. They found every illegal thing you think of dope gun bullet bullet proof vest. I wasn’t home and item were found in area where anyone could go. Had no boundary

Timothy Denison answered on Jun 4, 2019

Yes. You can be charged with anything but being convicted of it is a different story.

1 Answer | Asked in Criminal Law and Federal Crimes for Nebraska on

Q: Can a minor date an adult without any sexual relationship and still be legal?

My 16 year old daughter is talking to a 25 year old they are very close and he is a respectful man. They have never done anything sexual before they haven’t even went out on a date, they just FaceTime. Is this illegal?

Brendan Michael Kelly answered on May 30, 2019

It is not illegal for a minor to communicate with an adult. Yet, it is never an idea you want to allow! Only face time? How do you know? The adult is much too old and any thing other than normal conversation is likely to get him in grave trouble. Don't allow this type of communication Ever.

1 Answer | Asked in Estate Planning, Banking, Federal Crimes and Identity Theft for Idaho on

Q: Ex sterling my trust

What can I do to stop her not as fast as computer

Bruce Alexander Minnick answered on May 28, 2019

Report the theft to the appropriate authorities.

2 Answers | Asked in Civil Litigation, Intellectual Property, Criminal Law and Federal Crimes for Illinois on

Q: 17 year old forged his fathers name and traded me vehicles across state lines. Parents want to trade back or report

I have the advertised post on Facebook printed out and everything. I already sent the title in. He's in Kentucky, I'm in Illinois.

William Wolf answered on May 23, 2019

I am not sure what your question is.

If you're asking, does the 17 year old need a criminal defense lawyer for any investigation regarding his conduct? Yes. This is a State and a federal offense.

If you're asking, do you need a criminal defense lawyer? If you're under...
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