No. Parole violations work differently than criminal matters. The burden of proof is not the same, and a person doesn't have the same constitutional protections against allegations while on parole. He chose to waive the contested hearing knowing what the result would be. You do not hold the... View More

Yes, and yes to your questions. The search warrant would be based on probable cause that evidence of criminal activity could be found within that house. Whether they found anything or not is largely immaterial. As to what was taken, people with ownership interest in that property could file a claim... View More

Regardless of why you were contacting her, it apparently was non-consensual. The better way to have handled it? You could have filed a police report. You could sue her civilly.

Can you fight the PPO? Be mindful you only have 14 days to object once served. From what you write, I can't... View More

A probable cause conference is the first stage in a felony criminal case after initial arraignment. Think of it as a pretrial to the preliminary examination, that determines whether probable cause exists to send the case on to circuit court for trial. In most places, the decision is made whether to... View More

You should look at the warrant carefully and take it to an attorney if at all possible. If the warrant affidavit contains statements that evidence of a crime could further be found in the home, it's possible the search and seizure is permissible. The remedy for an overreach of a warrant is... View More

Unfortunately, there is no easy way to do so. The reason why is because of the proliferation of aggregate record sites that operate by pulling public records from various sources. All that an expungment does is correct the official record; it does nothing for the third-party commercial websites... View More

I cannot tell exactly what you mean by the question. Are you saying a report was made to police and charges were not initiated? If that's the case, then the effect of the police report is minimal. Anyone can file a police report on just about anything; just filing a report doesn't mean... View More

There would be a new sentencing. However, if the proofs at trial are basically the same, you would likely get the same sentence as before. The sentence is based on the entirety of the information that the judge knows, so it is possible for the sentence to change based on the difference of the... View More

All the issues you stated could be argued on the initial direct appeal of the conviction . . . except for the discovery of new evidence (which in most instances is brought in a 6500 motion for post conviction relief). However, depending on what the new evidence is, you might have a way to make it... View More

Not likely. First, court staff are not the judge. You are responsible for complying with orders to appear unless excused by the judge.

It sounds like the court isn't treating it as a big deal now, but you do need to arrange to appear and make sure you are present going forward.... View More

Potentially, this is extortion. Is there any truth to what she's saying? Their power lies in the secrecy of what they have or know about you. Even if you get this person charged with a crime, he or she could still release the information, leaving you with a similar outcome as if you... View More

Lots of questions before there can be any answers. 1) how do you know the drone is tracking you? Generally speaking, even if the drone is tracking you - presumably from the air - you don't have a privacy right walking or driving down the street. Things get trickier if a drone is hovering close... View More

With a guilty plea, you don't have a true right to appeal. There are certain issues you can ask for what's called "leave" to appeal. The Attorney Grievance Commission does not determine malpractice; they determine attorney ethical issues.

At this juncture, after... View More

Are you now charged with a crime? If so, all of this is for him or her to sort out. It would likely start with obtaining a copy of the search warrant and affidavit. If the house was suspected of being involved in a drug ring, you can almost bet that there is some combination of surveillance /... View More

Any charge can be dropped, but charges initiated by police contact are the least likely to be dropped. The good news is without a criminal history, you're unlikely to face much if any jail time, let alone prison. The bad news is that anytime a cop runs your name, it's going to come back... View More

You need to address the validity of that search warrant first. If you can prevail on that, then you have something. If the challenge is unsuccessful, you're free to take it to trial, but what is a jury going to think of the evidence?

No one can properly advise you on whether you should... View More

You should have an attorney for the hearing, whose either been appointed or will be made available to you prior to the hearing who can explain. First offense retail fraud you're likely looking at probation maybe.

No. The no-contact order is against him. While she should not have contacted him, he was legally obligated not to reply. That he did is contempt of a court order.

They won't hear it because, by law, you are not eligible due to having outstanding fines into 2021. A judge does not make the rules; they can only follow them. An expungement can only be granted after expiration of the applicable time period, which begins once the entire sentence - including... View More

Had to say without reviewing the complete record of the stop and what else was going on with the driver. May be ripe for a motion to suppress. The fact the car was yours doesn't necessarily mean anything since you weren't driving.