Get free answers to your Criminal Law legal questions from lawyers in your area.
He came in my door didn't knock had his gun pointed at me ànd told me to put my hands behind my back so I did he said he had a search warrant but I never saw one so when I got out of jail i. Went to the clerk of court and ask for a copy of it she said there were none on file
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024
You have the right to seek legal action against the police officer for an illegal search and seizure. If the officer did not present a search warrant, and the clerk of court confirmed there is no record of one, this could indicate a violation of your Fourth Amendment rights. Document every detail... View More 
If this is my first offense how long will I be charged for $200
answered on Jun 26, 2024
Assuming you are charged with something (not enough information to say), and this is your first offense, with the assistance of counsel, you would likely avoid jail time and could possibly have the charge(s) dismissed. Theft charges are typically misdemeanors if the value of the item allegedly... View More
All agreed to reduce Bond to $1000 from $2630, felony reduce to misdemeanor. When paperwork came through Bond is $1300 and felony second degree still on record, what happened?
answered on Jun 25, 2024
You may want to speak with the attorneys involved in the matter. All answers on this cite will be guesswork. Here's my take: The $1300 likely represents the $1000 bond plus surcharges which typically hover around 30%. As such, $1300 would be the correct amount. In terms of the reduced... View More
If I wanted to consider the documents I will be signing and put off signing for a week, will those in charge of my probation refuse to allow that? They won't permit me to see the documents I will sign ahead of time so I'm going in there blind. Will they just throw me in jail? If so, will... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 16, 2024
You didn't say what the nature of the documents are, but it sounds like you are already on probation; you must remember that probation is an alternative to incarceration that the court has granted you-you aren't entitled to it, and it can be revoked and they can just send you to jail.... View More
Can police issue a search warrant on you (home, vehicle, person, anything) for a positive drug test?
As another question, can they search if you admit to using drugs in the past or are proven to be high?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2024
For the police to issue a search warrant for your home, vehicle, or person, they generally need probable cause. A positive drug test alone may not be sufficient to obtain a search warrant. Probable cause requires more substantial evidence that suggests illegal activity is occurring or that evidence... View More
answered on Jun 14, 2024
No, discovery responses are to be served on the party who sent them to you. The judge never goes through discovery in a case. You may be able to introduce things you obtained in discovery before the Court, provided you follow the rules of evidence. But discovery is never produced to the judge... View More
answered on Jun 12, 2024
While the initial judge may not give your friend a bond based on his criminal record, an attorney can petition the court to reconsider whether to grant bond. His new charges are eligible for bond, it will just take the right lawyer to convince to prosecutor to arrive at a bond agreement or the... View More
Would you be charged with possession of methamphetamines or drug related object if meth pipe is found in your possession with meth inside the bowl? not residue
answered on Jun 12, 2024
Hi, the officer always has discretion as to the type of charges he or she wants to bring, so in the situation you described, it sounds like your friend was charged with the more serious offense (possession of methamphetamines) and not the misdemeanor (use or possession of drug related objects).
If a criminal who has had a prior mugshot recently, and has underwent no change in physical appearance, gets arrested, do you have to take a new mugshot? Or can they use a previous mugshot if the person looks the same?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2024
When someone is re-arrested, it is standard procedure to take a new mugshot, even if their appearance has not changed since the last arrest. This ensures that the most recent and accurate photograph is on file for identification and legal records.
Mugshots are part of the booking process... View More
Someone was accused of "stealing" at the company that they worked for, when in reality, they did not know that what they were doing was considered stealing. They were exchanging items, by returning one previously bought item and obtaining another item. They got caught and received a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2024
If you pay the agreed amount on a promissory note within the given time, it typically means you have fulfilled your obligation. Once the payment is made, the matter should be resolved from a financial standpoint. Make sure to get a receipt or confirmation that the payment was received to avoid any... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2024
Absolutely!
For misdemeanors, the state has up to two years from the date of the offense to charge someone with a crime. For felonies (depending on the nature of the crime) that timeline can be anywhere from 4 years from the date of the event to forever. Some charges (like murder) can... View More
Someone was arrested in my aunt's house for meth, they had it on them but once police entered the home they threw onto floor in my cousin's room. That person was arrested for prior charges and that meth charge, exactly a week later they return to my aunt's home and arrest my cousin... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2024
Yes two different people could be arrested for one amount of drugs. The police only need probable cause to arrest someone, which is a very low standard of proof. Whether or not there is enough evidence to convict your cousin for possessing the meth is an entirely different matter. To do that, the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 28, 2024
Making a statement about putting voodoo on someone or their family can be considered a threat, depending on the context and how the recipient perceives it. If the person feels genuinely afraid or intimidated, it could potentially be seen as a threat.
It's important to understand that... View More
on the ticket it says i was a passenger, and the owner of the weed is not going to be at the court date. its less than an ounce of marijuana. what should i do in this situation? i just got my car running and i dont wanna get my license suspended or serve probation. it was a running car parked in... View More
answered on May 24, 2024
This is a question best asked to a criminal defense attorney, who can investigate further into the specific details of your case. Possession of marijuana (less than an ounce) is a misdemeanor in Georgia, punishable up to 12 months in jail and/or $1,000 fine. In addition, it can trigger an automatic... View More
Arrested again and bond revoked.
answered on May 24, 2024
It sounds like the DA directly indicted you on additional charges (i.e., you were not arrested on those charges but they are new charges arising out of the same incident). Unfortunately, in that situation, you can be arrested on those new charges. Unless the DA had a specific reason/basis to seek... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 20, 2024
You have to pair your own motion (i.e. a written request), file one with the court, and then serve a copy upon the prosecutor's office. If you have an attorney, your attorney should be doing that for you. If you are representing yourself, you might want to go to the law library and read up on... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024
I wouldn't say it's a "clear" violation. There are many reasons why a witness would not be permitted to testify. For example, if the court determined that that they had no evidence to offer that was legally relevant to the elements of the charges before the judge or jury, that... View More
Case law supports my claims, the Court of Appeals will remand for resentencing. 4 of my 5 sentences are void, will the appellate court vacate them all because they were part of the same judgment?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024
If your sentences are found to be void and the Court of Appeals remands for resentencing, it is possible that you could receive more prison time, but this depends on various factors. The appellate court typically vacates all sentences that are part of the same judgment if they are intertwined.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2024
Yes, a witness statement alone can be sufficient for a conviction if the judge injury find the witness to be credible. It's would not be enough just to say "he did it" without more. They would need to be able to explain how they know he did it, but if the explanation was convincing,... View More
Is an indictment that charges Arm robbery without charging a weapon fatally defective
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2024
The answer is maybe. It's not a question that's easily answered without actually being able to read the indictment or knowing the actual facts of the case. But, for example, in Georgia a person can be convicted of armed robbery if the victim reasonably believed that the person did in... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
