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Federal Crimes Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI, Federal Crimes and Juvenile Law for Oklahoma on
Q: If my first DUI was on my juvenile record, will my second DUI be a felony?

One of my friends got his 3rd DUI about 2 weeks ago. He has two previous misdemeanor DUI’s on his juvenile record. He was ordered to go to victims impact classes and to attend AA after he completed a year long rehab. He hasn’t completed all of his classes and is behind on court/probation... Read more »

Brian Boeheim
Brian Boeheim answered on Feb 4, 2020

Aggravated DUI is always considered a felony. It is based on a blood alcohol level of over .15. The key to to fight the breath test or the blood test. This is complex, but if done right can save you a great deal of heartache and money. If it is in or around Tulsa, give us a call and we can... Read more »

2 Answers | Asked in Contracts, Criminal Law, Federal Crimes and Landlord - Tenant for Virginia on
Q: Can my boyfriend be evicted from a property for being convicted of a felony? There was nothing in the lease about it.

My boyfriend signed a lease on January 11 for a rental property starting on February 8th. The property is a condo with three other adult renters on the property. On January 27th he was convicted of a felony in North Carolina for Grand Larceny, this crime occurred over a year and a half ago and he... Read more »

F. Paul Maloof
F. Paul Maloof answered on Feb 3, 2020

Assuming the credit application and the lease do not require a disclosure about a previous crime, he may not have to disclose it. I would need to review all the documents before I could tell you for sure.

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1 Answer | Asked in Criminal Law, Federal Crimes and Libel & Slander for Georgia on
Q: I called about an outside disturbance back in 5/1/17 the officers searched rental home I am working on arrest me 4 drugs

The rental home belonged to my friend they stated it was two marijuana roaches I was hallucinating refused me a drug test I was working in a different part of home than drugs were , no drugs found on myyperson placed in two separate cars searched twice , at jail charged with meth possession at the... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 3, 2020

It is best to contact an attorney as soon as possible who can assist you with the specifics of your case.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

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

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: I had a condo an a family member sold it an stole the money can I file charges ?? Been over 6 yrs since this happened

I never gave them permission to sell my property

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 2, 2020

More information is needed before an accurate answer can be provided. It best to contact an attorney who can assist you with the specifics of your case.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

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

1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: Can I be charged with “Intimidation with a deadlt weapon” if the cops find no weapon and there is no evidence ?

Im being charged with Intimidation with a deadly weapon because someone said I pulled a knife out on them, I was then stopped by the police and questioned. There was no weapon found on me and theres no evidence of me being in possession of a weapon. Can I be charged ?

Andrew L. Bennett
Andrew L. Bennett answered on Feb 1, 2020

Absolutely, to charge requires probable cause, which is a fairly low standard. However, just because you have been charged does not mean the state will be able to convict. A conviction requires proof beyond a reasonable doubt which is a very high standard. You should consult with an attorney as... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Louisiana on
Q: What's the likelihood of someone going to prison if they are convicted of manufacturing a bomb
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 31, 2020

Depends on their prior offenses. Hire a criminal attorney.

1 Answer | Asked in Criminal Law and Federal Crimes for California on
Q: My boyfriend got arrested for having an ounce of meth and a scale on his person. Approx how much time is he looking at?

According to him this happened at the home depot in Glendale, CA and loss prevention most likely caught him trying to steal something (though he denies it)

Dale S. Gribow
Dale S. Gribow answered on Jan 31, 2020

much more info needed.

amount of time or sentence, in particular, would be a function of facts of the case, prior record, who is the DA and Judge let along what courthouse you are at.

ask the lawyer who is assigned to the case as s/he has all the info to review.

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: If a search warrant's area for particularity refers to "Attachments A and B" but neither accompany it, is it valid?

When questioned regarding what the agents were looking for, all I was told is "evidence of crimes" and "we can take anything relating to our investigation--papers, computers, phones, even the house, your passports, and bank accounts if we want."

Anthony M. Avery
Anthony M. Avery answered on Jan 29, 2020

You need to hire a competent attorney today. Although it appears no Indictment has occurred yet, you need to be ready to attack the SW and attempt to suppress any evidence it generated. Also do not communicate with anyone that might have something to do with this such as friends, associates,... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: what can i do as a victim of fraud?

Last week my bank called to inform me of suspicious activity going on with my account (BBT). They told me that the person had attempted to, and succeeded, in entering my account via mobile device somewhere overseas. I was directed to change my account information and go into my nearest bank as soon... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 28, 2020

At this point, it is best to file a formal complaint with your bank. Do you have any documentation from the bank when they alerted you of any suspicious activity? Secondly, the bank should be able to determine where the funds came from and when the funds were withdrawn. If you did not withdraw ANY... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Arkansas on
Q: Can we be denied the autopsy report if my loved one died in custody of the state?
James E Hensley Jr
James E Hensley Jr answered on Jan 27, 2020

The information below is a general statement regarding autopsy reports. There are forms on the Arkansas State Crime Lab Website that may assist you in obtaining the report. Typically, once the autopsy report is released to Law Enforcement Officials the information is public and you can use the... Read more »

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for Illinois on
Q: Is there a statue of limitations on filing an appeal to remove a charge on my record.?

If I was charged with 924c but never had a firearm in my possession can I get it removed from my record.?

Juan Ooink
Juan Ooink answered on Jan 27, 2020

Your time to file an appeal is shortly after the case was resolved. If it has been more then 30 days since your case was resolved, you time to appeal has passed. You might want to consult with an attorney to see what other options, if any, you might have regarding this matter.

1 Answer | Asked in Federal Crimes for Minnesota on
Q: in Ted Bundy's court cases and trials, how was he able to represent himself and get so well known and favored for it?

What were his arguements and how did the court proceed to convict and order his penalties?

William Bailey
William Bailey answered on Jan 26, 2020

This site isn’t designed to substitute for that kind of research. There is plenty of information on bundy available on the web for you to read up on.

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: What can the outcome be for a "Petit Larceny" charge when it is my first EVER offense?

I was stopped at the door and they asked me to hand everything over, which I did, and I complied with what both the store workers asked of me and the police officers asked me, as I do not remember what I attempted to steal due to the fact that I was in a manic impulsive episode and I had blacked... Read more »

Daniel A. Johnston
Daniel A. Johnston answered on Jan 25, 2020

If you don't have the money for a lawyer, ask the Court for Legal Aid to be assigned.

If you have no record, the most likely outcome (depending on what county you're in/who the DA is/who the judge is) would be an adjournment in contemplation of dismissal (stay out of trouble for 6 months...
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1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: What is the minimum charge for Mississippi (97-9-72(B))?

Officer randomly got behind me and cut on lights. After trying to figure out his intentions knowing I did nothing wrong I got scared and took off but once reality began to sink in I pulled over and stopped. He got me out of the car but never said why he was trying to stop me. No body was hurt and... Read more »

Arthur Calderon
Arthur Calderon answered on Jan 25, 2020

It really depends. Since you said grand jury, that would mean that they are treating this as a felony, which means that they are alleging that you drove in a dangerous manner. If that is the case, you are looking at a max of 5 years in MDOC custody and a $5k fine. That being said, I'd be curious to... Read more »

3 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Texas on
Q: Can I refuse a search of my backpack if someone calls the police on me because they thought I was suspicious?

I was walking with a friend late at night and someone saw me and him and called the cops and they stopped me and questioned me about my bag and wanted to search it and it was 1 am and I told them no and they said usually people let us look if they aren’t hiding something but I wasn’t but I just... Read more »

Grant St Julian III
Grant St Julian III answered on Jan 24, 2020

You have the right to refuse a request to search anytime, anywhere. After any such refusal, law enforcement would have to make the determination if circumstances justified a warrant less search, or if enough evidence existed to obtain a warrant for said search.

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2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: My mom is in jail for failure to stop at red light but also has a theft by check over 500 under 1500 bck in 07

I called they told me it was an active warrant but it's from 2007 12 years ago what can I do no bond on the theft of check from 07

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke answered on Jan 23, 2020

You should immediately post her bond and get her out of there. Some attorneys, like our firm, post attorney bonds to better serve our clients. Once your mom is out your attorney can begin working on getting your mother's case dismissed. Good luck. This is a scary problem but fixable in the hands of... Read more »

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2 Answers | Asked in Employment Discrimination, Employment Law and Federal Crimes for Florida on
Q: My employer is committing fraud. I thought it was accidental and pointed it out, I was then bullied,

And intimidated by my coworker, our boss, our bosses boss who is also my coworkers mom. I filed an official grievance per comp policy over this. I have now been moved into a corner desk, restricted from speaking with coworkers, threatened with firing, and now they made a revision to our employee... Read more »

B. Elaine Jones
B. Elaine Jones answered on Jan 23, 2020

I would not sign the new handbook it you already believe that you will be fired. You did not mention how many employees the employer employs. I am assuming since you filed with the EEOC that it is at least 25. You really need to consult with and retain an employment law attorney. Most JUSTIA... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Is there a statue of limitation on a first-degree manufacturing and delivery charge in Texas?

I received a manufacturing and delivery over 200 under 400 in Texas. I was currently on adjudicated felony probation and it served half of that sentence and was being let off early for good behavior from another county. The investigators talk to the judge and dropped my bond down so that I can get... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 22, 2020

Sorry, but the limitations clock stops ticking when the defendant is outside the state of Texas. It also stopped ticking upon the filing of a formal charging document. The controlling statutes are available here: https://statutes.capitol.texas.gov/SOTWDocs/CR/htm/CR.12.htm

1 Answer | Asked in Criminal Law and Federal Crimes for California on
Q: I fell victim to car edit card scam what do I do?

A person told me they’d transfer their bitcoin earnings to my account so I gave my information now I’m unable to use the account due to fraud. I am afraid I’ll get arrested even thought I didn’t know.

Dale S. Gribow
Dale S. Gribow answered on Jan 21, 2020

MORE INFO NEEDED.

GENERALLY, I WOULD SAY TO FIND A GOOD LAWYER IN YOUR AREA AND WITH HIM/HER CONSIDER GOING TO POLICE.

1 Answer | Asked in Criminal Law and Federal Crimes for Nevada on
Q: Hello my mom was arrested here in 2020 for check fraud in 2009. Is there a statue of limitations on that

She has gone to court twice since then for traffic tickets and no told her anything of the sort

Malcolm P. LaVergne
Malcolm P. LaVergne answered on Jan 21, 2020

If formal charges were filed in 2009, then no. The warrant stays forever, most of the time. I've had people with warrants out for seven or eight years. They left the state, and then they apply for a special job or a professional license, so it finally comes up. So the charge has to be dealt with,... Read more »

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