When someone punches another in the face, reportedly triggering a seizure and the individual dies does this constitute murder?
There are several statutory forms of murder: 1st degree / felony murder, second degree murder, voluntary manslaughter, and involuntary manslaughter. The facts of the case determine the degree.
In the fact scenario you provided, the person could be charged with involuntary manslaughter,... Read more »
I think the safest course of action would be to contact the school and ask.
He was the one from prison who done the fake anthraxs to the judge I know he done wrong but I am worried he had tried to commit suicide once before and just to know he is ok I still love my son I don't appreciate his behavior.
What jail or prison is he being held in? You can contact that facility. They probably won't tell you specifics but they may pass along a request that your son contact you. Or you can explain the situation and request that a chaplain or someone check up on him.
Violations of 2nd,4th,6th and 8th under the bill of rights. Illegal search and seizure, destroying evidence, dereliction of duty, excessive force and death threats and much more.
Police, courts, and prosecutors have various levels of governmental immunity that makes it extremely hard to sue them without a clear and very intentional violation.
And the letter say to come to their office 2 plus hours away and bring a lawyer with in the next 2 years or they may issue a warrant?
2 years? It's entirely plausible for the FBI or any of the other "3-letter organizations" to reach out to you and let you know you are a target of investigation to secure your cooperation. There are also a lot of scams out there.
Do you have reason to believe you would be... Read more »
He went into cardiac arrest after being drugged and assaulted. He was a legally incapacitated adult.
Death certificates are administrative, and may show more than what an autopsy determines. It's reasonable to expect some lag time.
All I can recommend is for you to keep contacting different attorneys. Every attorney charges differently. But at the end of the day, this is a business. Litigation is expensive, and without a substantial retainer up front, that is all money coming out of the lawyer's pocket.
Think of... Read more »
I need to know what to do in order to get the police to do something about this felonious crime.
I'm unsure what else you can do other than file a police report.
is in the same state as the threatener? Is this because Congress has the power to regulate interstate commerce and make laws pertaining to the foregoing power and phones and the internet are considered to be interstate commerce?
Bingo! phone lines and internet connections are matters of interstate commerce. But it is not always charged as a federal crime; more often than not, it would be a state-level charge.
authority to pass criminal laws when crimes happen on federal territory, on the high seas, relating to piracy, and in the military. Most say Congress can make criminal and civil laws using Clause 3 of Article I Section 8 of the Constitution (regulating interstate commerce), but isn't the... Read more »
Good questions. Federal crimes are connected to interstate commerce. Commonly, federal criminal cases involve multiple defendants in multiple states. Guns used in crime came from somewhere, and usually not from the state where the crime occurred. For example, a gun may have been stolen from someone... Read more »
to Ohio and kills the person they have beef with. Is that considered federal felony murder because they crossed state lines to kill a person in another state? Will the murderer be charged with federal murder, Michigan state murder, and Ohio state murder? Also, are the US Codes all the laws... Read more »
Not necessarily. Federal criminal law is concerned with interstate commerce. Under your fact scenario, the person would be charged with murder in the state the murder happened: Ohio. Note that Ohio has the death penalty, unlike Michigan.
I purchased 2 rifles in 2016, in 2020 they were reported stolen. The owner says I'm at fault even though when I purchased them they were not reported stolen. They were reported stolen in September 2020 4.5 years after I bought them.
There's not a question that I can see, but you've presented facts that suggest you want to know about bonafide third party purchasers for value. If you are without notice that the guns were stolen, when you purchased them, then you might grounds to keep the rifles. Depending on where... Read more »
It's not advisable. It's actually illegal to be in possession of prescription medication not your own. Will the police break down your aunt's door looking for it? Probably not unless she has her own legal issues. But it may not be worth the exposure risk.
the public defender just keeps taking the refusal for bond reduction. has yet to provide any type of paperwork regarding the case period. he says its due to being a flight risk. however, i beg to differ.. if it was for that reason isnt the judge supposed to offer the least restrictive means for... Read more »
There is little "science" to setting bonds. In some jurisdictions, initial bond is based on a "pre-bond" report. Unless you can show something substantial that was not contemplated by that report, bond will likely continue as-is.
$250,000 is on the high end for a... Read more »
Not without having "gun rights" restored by a court.
Hard to say. The sentencing guidelines for delivery of meth are high, so it's possible.
My Mother in law is having me prosecuted for allegedly opening a credit card in her name. The said crime im being accused of happened in Wayne County Michigan, but I have my court proceedings in Monroe County. My mother in law has a lot of influence in Monroe County court, is there a jurisdictional... Read more »
Not sure with the facts given, but I would suspect venue may be proper in Monroe if that's where your mother in law lives and it's alleged that's where you obtained her identifying information.
My best friend got arrested for fleeing from a police officer after they did a stop for a traffic violation. She was having a mental health episode triggered by seeing the police officer walking towards her car. She was arrested eventually after her car tires were taken out and she drove onto a... Read more »
By the facts presented, it sounds like she already caught a break by being charged with the least degree of fleeing and eluding (4th degree). Chances are her attorney may be able to negotiate further. A treatment court (mental health or veterans) may be an option as well, which would greatly... Read more »
My boyfriend was sentenced sept 2019 and had already been detained since august 2018 his release date has changed from the one listed on bop.gov and it doesn’t include halfway house or home confinement what is the minimum amount of time he will actually have to serve in the bop system if he stays... Read more »
Way too many moving parts in the federal system to give a concise answer here. Best guess is some amount of time less than 120 months. Your boyfriend will get the best answer from his counselor.
You will really want to get with an attorney who practices in federal court. I would also suggest contacting the person's prior attorney or the federal defenders office.
Just don't get your hopes up. If the person is not close to completing the sentence, or is otherwise healthy... Read more »
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