Get free answers to your Criminal Law legal questions from lawyers in your area.
He did not enter the home. Is this still burglary??
answered on Feb 18, 2017
This is a good question which does not necessarily lend itself to an easy answer. I would make the legal argument that he did not enter and therefore could not have committed a burglary. However, if his body crossed the plane of the door while breaking it, a Court may deem that sufficient for... View More 
If one is on probation and they are not to be in an environment that sales are 50% or more of alcohol can a cop arrest you for being there if you are not technically doing anything wrong? By technically if they have no other reason to arrest you other than being there(not driving while intoxicated,... View More
answered on Feb 18, 2017
Typically, you would not be arrested. A report maybe made to your probation officer who could then file a report of violation and request a warrant from the Court. Could you be arrested? Maybe. Are you likely to be arrested. No. Depending on your underlying conviction you might be able to have a... View More
answered on Feb 18, 2017
Most likely, you would receive a possession of alcohol under the legal age ticket (Paula). This ticket is a simple misdemeanor. It can be expunged if you do not receive any additional criminal charges within the next two years. Typically, you would receive a fine on the ticket. If you hire a lawyer... View More
answered on Feb 18, 2017
It is possible that if a video is incomplete or has been tampered with it might be inadmissible. It depends on the specific facts and circumstances. It would not be per se inadmissible.
answered on Feb 18, 2017
The answer to your specific question is yes, she can move in with you. The underlying question might be can the two of you engage in sexual activity, legally? The answer is also yes. Iowa Code Section 709.4 (sexual abuse) does not make it a crime for persons of your age to engage in sexual... View More
answered on Feb 17, 2017
That issue is currently on appeal to the Iowa Supreme Court. It should be decided by the end of this adjudicative term (May).
answered on Feb 17, 2017
Yes, you can still be charged again with the same crime. The State is free to bring the charge via trial information.
during the course of an email exhange with the girl, the man tells her the pic is available on the website
answered on Feb 17, 2017
That is not likely a crime unless it is done to solicit similar pictures or other sexual contact/conduct from an underage girl. However, to be safe, I would not engage in any such activities with anyone under the legal age. Additionally, you should be aware that law enforcement frequently pose as... View More
answered on Feb 17, 2017
Iowa Code Section 709.4 makes it a crime to commit a sex act with a 14 or 15 year old if 1) You are members of the same household, 2) you are blood related within 4 degrees, 3) You are in a position of authority and use that authority to force submission into the sex act, or 4) you are 4 or more... View More
answered on Feb 17, 2017
Harassment 2nd Degree is a serious misdemeanor punishable by up to 1 year in county jail.
answered on Feb 17, 2017
Yes. He can be charged if the police believe that an assault occurred. He could be charged as an adult or a juvenile. That is up to the County Attorney's discretion.
answered on Feb 17, 2017
Assuming you did not adopt her it is probably not illegal.
answered on Feb 17, 2017
It is probably not illegal for your mom to threaten to kill herself. If she threatened you, that would be illegal. However, you might considering calling a suicide prevention hotline and asking for help. The police may also be able to help.
answered on Feb 17, 2017
There are a number of charges that could be filed against this person including kidnapping and assault. You need to go to the police, file a report and request that charges be filed. It is also important to get a no contact order. The Court will automatically enter one if an assault, kidnapping or... View More
answered on Sep 8, 2016
Yes. If you are 15 years old, then any sexual act between you and someone who is less than 4 years older is legal. Since you are 15, you would be able to date an 18 year old. In Iowa, the age of consent is 16, but if you are 14 or 15, then a sex act is a felony if the other person is 4 years or... View More
Can he go to jail for talking to me when I'm 16 and he's 20
answered on Aug 12, 2016
Not likely, as long as you two are not doing anything illegal including him having you out past a city or town curfew, and your parents tell you that you can't leave the house but you do to go hang out with him, it is unlikely he gets arrested for you two simply being in the same vicinity of... View More
3 years ago my daughters mom starved our daughter to the point of becoming unresponsive and having the hospital call dcs on her. At that time I had not taken her to court yet for child custody and got to see her maybe once a week for a couple hours. Since then I have obtained full custody of my... View More
answered on Nov 5, 2015
These are not just basic questions about the law. It was a civil case of child neglect, not a criminal one. It will not be easy for her to get more time, in my opinion.
I accepted a plea of enticement of a minor with conditions that its not a sex related crime. Also its a 2 year probation with a deferred judgement. The probation office is saying its procedure for me to undergo psycho sexual evaluation and sex offender treatment. My lawyer mentioned a case of State... View More
answered on Nov 5, 2015
You already have a lawyer who knows all about the case and what has been done. Ask him all of the questions that you have.
If pulled over in Florida will I risk arrest even though I'm a wisc resident and have a valid Wisc DL? Thank you.
A search warrant was served after the unwitting person allegedly purchased narcotics from the residence but the alleged buy was not monitored or witnessed by any law official or any individual. Could a Motion to Suppress and or Hobbs Motion be filed in this case?
answered on Oct 14, 2015
Go see a local attorney with all the facts. You cannot get a full discussion of the issues on the internet. What do you mean by unwitting? Is that person going to testify? Perhaps it is just that person's word, and that needs to be explored fully.
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