All the State needs to file charges is probable cause that at a particular moment in time you took the phone with the conscious intent of depriving the rightful owner of its use or value. A classic example is someone who gets caught at the door shoplifting. Even though all the items are recovered... View More

An Illinois attorney could advise best, but your question remains open for two weeks. Some of your primary options include attempting negotiation with the carrier, filing suit in small claims court or civil court, or arranging a consult with an attorney to discuss them filing suit or continuing... View More

If your son was ticketed under I.C. 35-46-1-10.5 for Purchase, acceptance, or possession of tobacco, an e-liquid, or an electronic cigarette by a minor, then it is an infraction and not a criminal offense.

An infraction is punishable only by a fine, much like a standard traffic ticket.... View More

In order to get a warrant, law enforcement must show the judge some evidence that demonstrates probable cause that evidence of criminal activity is present at a certain place or that a certain person committed a certain crime and should be arrested. The Probable Cause Affidavit is a sworn statement... View More

For a Level 6 felony, you will need to be formally booked at the jail. If the warrant was withdrawn and bail is OR or set at a fixed amount, then you will likely need to submit to fingerprinting and booking at the jail after which you will either be released on the OR bond or allowed to post the... View More

Your question is a bit confusing.

A warrant can be issued in a unique cause number prior to any charges being filed. This is done quite often and usually the unique cause is sealed until after the warrant is served.

A warrant can be issued as part of the initial filing of a felony... View More

In terms of criminal liability, you only have to worry about your own personal behavior. The allegedly criminal acts of an employer, acting as an individual, does not apply to you. If the business entity is accused of criminal acts (e.g. fraud) then the entity itself is in trouble and any of the... View More

As long as the habitual enhancement applies to the case, there is no statute or other law the requires the State to file that enhancement before the omnibus date. Prosecutors routinely hold back on the habitual filing at first as a bargaining chip during plea negotiations.

There doesn't appear to be question posed, but the issues you are raising are issues that need to be discussed with an attorney actually handling the case.

If you husband has an attorney (retained or appointed) these are issues that need to be discussed with that attorney.

Yes. The minimum is $150.00. It is NOT anything less, regardless of the reason.

If there was a valid warrant for your boyfriend's arrest, the officers are allowed to do a search incident to arrest within certain limits. Also, if the vehicle was going to be impounded, they are allowed to do an inventory search. There are many nuances and details associated with search and... View More

You listed this question under personal injury. Please specifically state the nature of the injury that you sustained. If you are saying that you were exposed to asbestos but were unharmed, you have no cause of action as you were not "injured." There are no health risks associated with... View More

An Indiana attorney could advise best, but your question remains open for four weeks. Only a local attorney could advise you on Indiana rules. But in general nationwide, it usually involves an attorney asking the court to note their appearance on behalf of a client (with an entry of appearance).... View More

An Indiana attorney could advise best, but your question remains open for four weeks. Until you're able to consult with a local attorney on specific local laws, it could be up to the establishment. It's possible they could object for health, business, or other reasons. Good luck

No, the storage facility must first send written notice via certified mail to the renter’s last know address.

U.S. Supreme Court practice is among the most unique and highly specialized areas of law. Because the U.S. Supreme Court has discretionary jurisdiction, it chooses what cases it gets to hear and decide. In any given year, the court hears 50-60 of the 7,000-8,000 cases filed. So the vast... View More

Michael Ray Smith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2023

Certainly you can do that, but the question is whether it would succeed in giving you priority over any unsecured creditors the LLC might have. Assuming there's nothing nefarious or fraudulent involved (such as trying to hinder other creditors, most likely yours but possibly the LLCs, from... View More

An Indiana attorney could advise best, but your question remains open for two weeks. I hope you are okay. It sounds like a very serious accident with the flip-over. From a textbook standpoint nationwide, it's possible to argue that both of you bear some liability. The fact that no measures... View More

Just because the warrant expired does not mean that the case went away. The case is likely still pending and the prosecutor could ask for the warrant to be reissued at any time. You are well advised to take this opportunity to try to resolve your case. If you have not been fingerprinted and... View More

If you were parked and somebody hit you hard enough for bystanders to be so concerned that they called the police and an ambulance, the police will wonder why you would leave without exchanging insurance information or making a police report for your insurance. The conclusion that would be drawn by... View More