Hunter J Tzovarras' answer You need to get a subpoena from the clerk of the court and serve it on the witness. The sheriff will serve it for a fee. There is no timeframe for serving it before trial but the sooner the better usually. Thanks
Zachary J. Smith's answer This sounds hypothetically as if it would constitute trespass, a misdemeanor-level offense. However, I'm not certain that under these circumstances you would be charged. Another concern would be a property owner who thinks a trespasser is there to cause harm and accordingly shooting said trespasser.
Zachary J. Smith's answer There is no way for us to know what the prosecution will be seeking in your case, but in my experience defendants with little or no criminal history who face misdemeanor-level theft charges are generally offered a fine and restitution if they plead guilty.
Zachary J. Smith's answer If she has an attorney, she needs to consult with him or her. But generally when someone violates a deferred disposition agreement the "bad outcome" described in the agreement results.
Christian Foster Esq's answer You have not given me enough information to say for sure. If the spouse has made a statement under oath which he/she knew was not true there is a case for perjury or false swearing. There may also be a civil case for abuse of process if you can prove the spouse deliberately misused the judicial process. Contact a lawyer in your jurisdiction for more complete advice.
Robert Jason De Groot's answer Hire a private criminal defense attorney for the son. It seems to me from what you have written that he should not have been charged because he was there with permission from the cousin.
Luke Rioux Esq's answer If the probation included a condition that the restitution must be paid before the end of probation, the answer is "yes." The state must file a motion to revoke probation before the probation ends. The judge would then decide what to do. If you have made efforts to pay, you would likely be given more time to make payments.
Luke Rioux Esq's answer Until the warrant is served or recalled. Arrest warrants are served by arresting the person. A criminal defense attorney can file a motion to recall a warrant and a judge might choose to recall the warrant under some circumstances.
Luke Rioux Esq's answer The maximum sentence for class B felony charges is 10 years in prison. If both charges stem from the same criminal act (stealing the gun and then possessing the same gun) then the sentences would need to be concurrent, meaning you might get 10 years on each but they are served at the same time. If you are felon already and you possessed the gun, that can be a state or federal crime. It sounds like the state offense is the one charged. The federal sentence would depend on a detailed analysis of...
Luke Rioux Esq's answer This is a very serious situation. The most basic condition of probation is to show up for your scheduled check ins. The amount of time left on probation does not have much to do with the severity of the violation. In Maine Criminal Courts, any violation can result in the person serving the remainder of their sentence. This is true even if the person violates on their last day of probation. Contact an attorney ASAP. It might be possible to negotiate with the Probation Officer and with the...
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