Matthew Fraiberg's answer Consequences can vary depending on your prior criminal history, what city this took place in, etc. The best thing to do is talk to an attorney with a parent or guardian. formulate a plan for your defense.
Brent T. Geers' answer Time will tell, and it will all depend on how "dirty" the talk was. Word of advice: you should not ever have sexually explicit conversations or contact with anyone under 18, or who is incapacitated (either mentally or physically).
Brent T. Geers' answer The procedural requirements will depend on what you are trying to accomplish. But seeing that this is a felony, any motion should be come from and through an attorney. In fact, if there is an attorney on the case, the court will not allow the defendant to file his or her own motion.
If the attorney and client disagree about what needs to be filed and why, they need to discuss it. You do not want a client filing motions behind an attorney's back that could jeopardize or harm the...
Brent T. Geers' answer It would sound as though your fiance will be credited with all this time once she is finally sentenced. Because she is not yet in the BOP (she is in pretrial detention), she will not have access to many programs. Once she is at a home facility, she may be prioritized for programing based on her expected out date.
Brent T. Geers' answer There is little that can be done now. You may be eligible to expunge this conviction off your public record after five years, but you are not there yet, and if five years had gone by, you would still need to meet other eligibility requirements.
I know this all seems minor, but once something is on your criminal history, it doesn't just go away. And while 3 years may seem like a long time in your past, to an employer, it may not seem so long ago. When you are 40, you may be able to...
Brent T. Geers' answer An attorney will need to know a lot more about the person's criminal history and the circumstances of this instant offense to even begin providing a reasonable guess. You're dealing with a charge that carries anything from probation to possible prison time.
Brent T. Geers' answer This is, first and foremost, a jail issue. Has the jail provided any reason why your wife, specifically, is not receiving pastor visits? Has anyone tried to visit her? Some jails also distinguish between pre-trial and sentenced persons, with pre-trial detainees being limited to access to programs and services.
Mark Bredow's answer There is no statute which requires the police to notify you that quickly or that requires them to leave the vehicle where it is found, notify you, and wait for you to tow it. It could be in a dangerous place, on someone else's property, or pose a risk to traffic. They tow the vehicle to secure it from further loss, or to preserve it for evidence. Giving you notice within a day is a very good response time. You may wish to present the towing charge to your insurance carrier for payment....
Brent T. Geers' answer Ordinarily you are under no obligation to go and talk with the police, regardless if your mom told them you would. Whether it's in your best interest to do so should be discussed in depth with an attorney before talking with the police.
Brent T. Geers' answer You may have some recourse, but it is very fact-dependent. Presumably, the quit claim deed was notarized, so if your wife is saying she didn't sign, then either the notarization was falsified, or the notary didn't do his or her job properly - all of which needs to be proved of course in court.
There is a valid legal argument to be made that the clock on the statute of limitations doesn't start until you know or should have known of a claim. That said, your wife should be prepared for...
Brent T. Geers' answer Assuming that since you mention two victims that there are two separate counts, successful prosecution of both counts would depend on both victims showing up. That said, being convicted on one count is enough and would take only the one victim.
Keep in mind that most prosecutors and courts are well versed in how to deal with reluctant victims and witnesses. The prosecutor may ask the court for a material witness warrant for the missing victim. That means that the police will be allowed...
Brent T. Geers' answer Criminal procedure involves a number of dates and timelines. I am unaware of a 21 Day Rule; and certainly unaware of one whose violation would require dismissing charges. If you are referring to what is commonly known as the Speedy Trial rule, you should know that many exceptions exist, and that if the issue is pursued, it could lead to a bond hearing where the judge would have to indicate reasons for keeping a bond in place (obviously if the person in incarcerated pending trial), and it could...
Brent T. Geers' answer Without knowing more about the underlying case and his history on probation, no one can tell you exactly what he is looking at. He almost assuredly will have the HYTA status revoked, which means that he will have a public felony record.
Daniel Hilf's answer You need a lawyer to help you. A probation violation, if admitted to or proven, could lead to incarceration.
Your lawyer will obtain a copy of the violation against you, which may contain more specific information concerning the date, time, and location of the alleged violation(s). There may be evidence to contract your ex-wife's account, such as: phone records (with cell phone tower location(s)); alibi witnesses; business records (time cards); etc.
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