I’m not sure what you said qualifies as an actual threat. You described a hypothetical future event that describes a forced or unauthorized entry into your home and your imagined reaction to that imaginary future event. While it is possible that the police treat this as someone who may pose a... View More

Hopefully this occured around some typical peers or other witnesses who can speak to what actually occurred. You need to get statements from those individuals ASAP and get them to commit to appear at the evidentiary hearing. Merely having a written statement will often not work as that is... View More

If the District Court judge did not set an appeal bond then he can get out upon paying the appeal bond simultaneously with noting the appeal and paying the appeal fee. You can’t note the appeal for him though. Either he does it or his lawyer has to do it. If there’s no appeal bond set he can... View More

The District Court Commissioner is required to issue criminal charges if a person swears an oath regarding facts that if true would support the charge. The facts may later prove insufficient, or false. The State’s Attorney may review the charges and decide not to proceed, but generally you will... View More

The Office of the State's Attorney has the prerogative either to prosecute, dismiss or in your case(s), place the cross assault cases filed against both you and your ex on an inactive or "stet" docket. Neither case, if "stetted" was dismissed. Thus, if you possess... View More

The "plain view" doctrine states that a police officer can search the stroller in your case if the gun is in plain view. If it is not plain view, it may be an illegal search and seizure if neither you nor your boyfriend gave permission to search the stroller and the police officer did not... View More

You and your mother are required to appear in court pursuant to the subpoena or face the potential of being seized by the Sherrif's department pursuant to a "body attachment" issued by a judge, should the State request such an order. As a practical matter, however, and subject to... View More

This is not a sufficient reason to get out of a subpoena. If you have been subpoenaed to court, you must appear. If you do not appear, the police could come and bring you to court or you could be found in contempt. This does not happen in every single case, but it could happen here.

The... View More

For a major felony where jail is the expected punishment, yes. Whether a defendant goes to jail or not depends on a lot of factors, in particular the seriousness of the crime, victim injury, the defendant’s past criminal history, etc. Most first offenders, misdemeanors and even felony property... View More

If you miss your court date, they put a warrant out for your arrest. You can then be picked up on the warrant at any time. Hire an attorney in North Carolina to represent you. If there is a warrant, your attorney can file a motion to recall the warrant.

This will not go away if you fail to... View More

MD Code, Transportation, § 11-127 -- Highway defined:

“Highway” means:

(1) The entire width between the boundary lines of any way or thoroughfare of which any part is used by the public for vehicular travel, whether or not the way or thoroughfare has been dedicated to the... View More

Generally, administrative disciplinary actions taken against prisoners for misconduct and rules violations, and to maintain disciplinary order within the prison, are not deemed “punishment” for purposes of double jeopardy that would bar a subsequent criminal prosecution for the conduct that... View More

You won't find them online, and most likely not in the court file back when paper records were kept. Any conditions would have been stated orally on the record, and recored by the defendant's attorney in their private client file and by the prosecutor in the State's file. If the... View More

You should retain an attorney to represent you. An attorney can file a motion to recall the warrant. If the motion is granted, the warrant will be quashed and your case will be scheduled for a VOP hearing. The attorney can then represent you at the hearing.

Impossible to say with any certainty. Jail is possible if not probable with such an amount, but probation or home confinement is also possible. If this is embezzlement from an employer of yours the risk is greater. The length of time of any jail sentence imposed could be served in a local detention... View More

If you are subpoenaed, you are required to come to court. It may be that if you do not show up, nothing will happen to you. However, the prosecutor can send the police to bring you to court or the judge can order the authorities to bring you to court. This may not happen a lot, but it does happen... View More

Your son needs a criminal defense lawyer. Either he/you can afford private counsel, or he needs to apply for the Public Defender in the county where the charges are pending. The lawyer will obtain all of the discovery and evidence from the State (including officer dash video and body camera video... View More

Any misdemeanor punishable by jail has no limitations for prosecution, unless the statute which charges the offense states that it does. Trespass has no limitations stated in the statute which makes it a crime. That does not mean a prosecutor would bring a stale charge long after it was committed... View More

Theft typically requires an intent to steal and not pay as of the time the property is taken, so if equipment was obtained under a rental agreement from its lawful owner, without force and voluntarily provided to the contractor by agreement, then the owner of the equipment would have to prove that... View More

People do not get trespass notices out of the blue. There's usually a reason, something the person did to get ordered off of the property and told not to return. You are not explaining what the person did to get themselves banned from the property. The assisted living facility has every... View More