Arthur Calderon's answer I doubt that there is a place where you can download the necessary forms required to get an expunction. You have the option of either hiring an attorney to do the expunction for you, or hiring an attorney to draft the necessary paperwork for you and you represent yourself.
Arthur Calderon's answer You may likely be charged with aggravated assault, and look at significant jail time. That being said, your best bet would be to advise in writing that he is not to enter the property. It would also be a good idea to have local law enforcement present.
Arthur Calderon's answer You may be able to avoid jail time since this is considered a non-violent crime. Your best bet is going to be to contact a criminal defense attorney and discuss further. Feel free to reach out to any attorney on here by clicking the contact information next to their name. Most lawyers on here, including myself, offer free consultations to see if we can help.
Arthur Calderon's answer No. A convicted felon is not allowed to own any deadly weapon. That being said, depending on the circumstances, gun rights may be restored to allow the person to possess a weapon.
Arthur Calderon's answer What will end up happening is that they will send the marijuana to the crime lab for an accurate measurement, at which point they will likely issue an indictment reflecting the accurate amount.
Arthur Calderon's answer He needs to get with an attorney asap, as it sounds like some of his constitutional rights have been violated, and need to be presented to the Court. As to the habitual aspect, it depends on which habitual statute he is indicted under. If under 81, then it will be the max time of the underlying crime; however, if it is under 83, it will be life (both without the possibility of parole).
Arthur Calderon's answer You need to get with an attorney to file the necessary petition with the relevant court, and have that attorney follow-up with the order certifying rehabilitation. Feel free to reach out to any attorney on here. Most lawyers, including myself, can provide a free consultation to guide you in the right direction and see how we can help out. The process itself, is rather straightforward, and fairly inexpensive.
Arthur Calderon's answer These are pretty serious charges, that carry some hefty fines and jail time depending on the amounts involved. You should seriously consider contacting a criminal defense attorney to further discuss.
Arthur Calderon's answer Unfortunately, with the way that the law is written, a person convicted for a violent crime, which includes aggravated assault, is not eligible for parole; however, with recent activity pertaining to the relevant statute, there is an open question as to whether a person convicted for a crime of violence is eligible for earned time after having served 50% of their time, and when that time actually starts accruing (immediately upon conviction and receiving credit, or once they pass the 50% mark).
Arthur Calderon's answer Not necessarily. It would really depend on the remainder of the indictment. You should consider getting with a criminal defense attorney to review the indictment in its entirety.
Arthur Calderon's answer Yes, the Court retains jurisdiction over the case. I am more curious as to why you took an open plea on a habitual charge. By it's very nature, unless habitual is taken off of the indictment, then the judge would be obligated to sentence you to the max time if you were a habitual.
Arthur Calderon's answer It really depends on how exactly she was indicted, and under what particular statute. You should consider getting with a criminal defense attorney so that you can discuss more of the facts and circumstances of her case. Feel free to reach out to any attorney on here by clicking the contact information next to their name. Most attorneys, myself included, are willing to provide a free consultation to see how you can be helped.
Arthur Calderon's answer Unfortunately, given that this is considered a violent crime, it is not eligible for an expunction; however, you may be able to get a certificate of rehabilitation which can restore some of your rights.
Arthur Calderon's answer If he is repeat offender, then that means that he was previously convicted of a felony (or two). Your best bet will be to contact a criminal defense attorney to review the case and see if the sentence itself was illegal. Feel free to reach out to any attorney on here. Most, including myself, would be willing to review your friend's case for a lower fee, and to assess whether there is any wiggle room to seek post-conviction relief.
Arthur Calderon's answer You need to consider talking with an attorney sooner rather than later, as the next step will be setting up a trial. Most attorneys on here, myself included, are willing to provide a free consultation to discuss your case, at the very least to point you in the right direction.
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