It is certainly possible, provided that it is indeed a misdemeanor. Typically, you have to wait at least a year after all of the terms and conditions of your conviction are satisfied in order to get an expunction.
I’m not sure what the question is, but I will tell you that steps can be taken to prevent him from doing so. If after that, he does, then your daughter will have recourse to retrieve her son and punish the ex.
In the case of Buddy the dog, the sheriff stated a minor under 13yrs can't be charged with a crime, but on your page someone asked about a 12 yr old and it was said that yes they can be charged with their crime and taken to jail. What was done to Buddy was a felony offense and the boy should... Read more »
It really depends. Typically, a minor can be charged with a felony, but where they end up depends on what the underlying crime is. If it is non-violent, the minor will typically go to youth court; however, if it is a violent crime, it will typically go to circuit court. Regardless, assuming that...Read more »
It really depends on a few things, such as whether your boyfriend was already out on bond when he got arrested, what was the nature of the underlying charge, etc. Regardless, unless it is a capital offense or he was already out on bond, he should be entitled to pretrial release. That being said, if...Read more »
I'm not entirely sure what you are asking; however, from the looks of it, you would benefit by having a criminal defense lawyer to discuss the facts of your case with you and see what can be done to get you the best possible outcome.
Likely not. Even if it does not have a firing pin, usually it is still treated as a gun transaction. Your best bet it going to be to get with an experienced criminal defense lawyer to see what the facts of your case are and see what can be done to help you out.
It depends. If you were simply charged and never convicted, then you would not be on parole. However, if you were convicted, then it depends on what you were actually sentenced to and how it is structured.
It really depends on where he is at in the process. If he has not been indicted and was not already out on a felony bond, then he should be eligible for bond now. It is in your friend's best interest that he contact an experienced criminal defense lawyer so that he can talk about the facts of...Read more »
Your friend does not have to cooperate with the task force. Depending on the circumstances, they may be able to avoid jail time and having this go on their record; however, it will depend on whether they have any priors, if there were other charges, etc.
Your brother will have 30 days to file a Notice of Appeal. Although your brother has the right to file an appeal on his own, it is advisable to hire an attorney to assist him with this so that he does not miss deadlines and/ or other rules that are in place for appeals.
Typically, yes; however, there is some case law that says that as long as the degree of murder is discussed during the plea hearing, then that may end up taking care of any defects in the underlying plea petition.
My little brother was sentenced 8 years with 3 suspended. He was not given offer of drug court in court on a sale charge only prison time. He had talked with his presenting lawyer for two days and while in court the next time his lawyer wasn’t there another lawyer presented with “I’m your... Read more »
It really depends. If you pleaded out, which it sounds like he did, then the possibility of getting post conviction relief is incredibly low. That being said, it sounds like there was a lot of miscommunication between your brother and the various lawyers. I'd be curious to know why he...Read more »
You are looking at very minimum jail time on a charge like this. That being said, depending on the circumstances, you and your lawyer may be able to arrange it to where you can avoid a conviction and having this go on your record.
With aggravated assault, that is considered a violent crime. From the looks of it, the DA is going to try to add firearm enhancements to the charge, which could lead to serious jail time. The biggest problem, though, is that even though this would be your first felony, if you are convicted and...Read more »
First, be very careful about any information that you put on a forum, even this one. As to your question, it is very typical for law enforcement to charge everyone with possession of a controlled substance, especially if they cannot pin it on one particular person. The problem that they will run...Read more »
Many judges across the state have a policy a mandatory jail time to serve, even on one (1) first offense lifetime shoplifting charge. 1 is serious enough, but 3 will surely raise red flags with the court. My advice is to contact a criminal defense attorney to discuss options.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.