Conviction date was 06/2015. I was sentenced to 1 year probation. I successfully completed probation in 06/2016. Does my attorney need to file for dismissal or is it automatically dismissed after 4 years?
There is usually an Order of Release on Conditional Discharge with is submitted by the probation officer and signed by the judge. That order closes the case and relieves the probation officer from continued supervision in the case. The record of adjudication will remain.
Many crimes only require general intent. Planning ahead to commit a crime sounds like premeditation, carefully weighing the pros and cons, which is only required for first degree murder. Other crimes require a specific intent to do that crime but it does not require a plan or a scheme. Planning to...Read more »
The general rule is that when a warrant is issued it will be designated as extraditable or non-extraditable. When a non-extraditable warrant is issued, it generally means that if the individual is arrested in the state where it was issued, police will arrest him. However, if the person is found...Read more »
Yes, hiring an experienced defense lawyer to take this to trial. First degree murder carries a minimum of 30 years with no good time, and even after 30 years very few convicted murderers ever get released on parole. By contrast, an accidental shooting with a firearm enhancement carries one to seven...Read more »
You need to ask your criminal defense attorney. If the case was indicted by grand jury, in all likelihood the destruction of the electronic file in magistrate court is harmless. If there was a preliminary hearing, there is a good chance they will have to do another one if the recording of the first...Read more »
What is your question? He will probably go with you the the Juvenile Probation Office for an assessment. They are not your adversaries but just trying to get a handle on family stability, school attendance and grades, drug use. If neither of your sons has a juvenile record, I would guess they will...Read more »
I was found not guilty by jury. In the past five years I believe. I've probably gone through numerous background checks I don't know why I didn't get the jobs and for some reason today 9/15/20 I ran a sex offender check and my address the name is a little different but same family .... Read more »
I have been charged with failure to report a change in living arrangements under SORNA in Luna County, NM. The criminal complaint has no information regarding the event that triggered the charge. It only states the requirement to report. I have no clue what change I allegedly did not report and no... Read more »
The complaint is often barebones but there will be an affidavit in support of arrest warrant and police reports and your attorney can request all discovery and interview the prosecution witnesses. Absolutely you have the right to get all of the documents and read them.
I told the police it was my gun. So not in his possession or inside his home. They charged him with felon in possession of firearm. Is there anything I can do so that charge doesnt stick? It was in my vehicle. Not in his.
(1) Hire a lawyer for your bf or apply for a public defender if he cannot afford a private lawyer
(2) Get an email or letter from you to his new lawyer explaining that the gun was yours. Give the lawyer copies of the title and registration and insurance of the Jeep to you, not him. Also get...Read more »
My boyfriend and I feel that his current attorney does not have my boyfriend's best interest at heart. He doesn't seem very engaged in the case and was even agreeing somewhat with the procecuter during arraignment. He also doesn't seem to any strategy for the case so far. Would it be... Read more »
Our Federal Public Defenders and Criminal Justice Act (CJA) attorneys are among the best in the business, under-appreciated and overworked by qvery good, Wolfe. Usually when a defendant or his friends/family want a new lawyer, the problem is not the lawyer but the client having unreasonable...Read more »
I was arrested 15 years ago. Las Vegas, Felon in Possession of a Firearm. I was bonded out. I absconded before my arraignment. Ive been pulled over in the state where I live and told I have an outstanding warrant in NV but they declined extradition. My mothers dying and I want to go home. When I... Read more »
The statute of limitation has not changed but, unfortunately, when you fled the jurisdiction you tolled the statute. Depending on how many prior felonies your attorney may be able to avoid imprisonment when you decide to face the charges. Or you can wait to be stopped on a traffic violation and get...Read more »
We have her insurance info and filed a claim. Our insurance paid our vehicle off and offered us an extra almost $4500 (This does not replace the vehicle). We are still waiting, 6 days now for police report. We have lost work time, scared kids, no vehicle, and anguish to know end. We want to go... Read more »
I am so sorry to hear of your recent crash which was caused by a drunk driver. DWI's continue to be a real problem in our state. You can bring a personal injury claim against the driver and insurance company for all injuries suffered by you and your family. Each of you have an individual...Read more »
You will need to sit down and talk with an attorney to review, assess and advise on any specific case. He/she would need to review the specifics of the plea agreement that placed the person on probation as well as the specifics of any new allegations. The attorney would also need to know the...Read more »
I do not believe there is a way to answer your question without actually reviewed your specific order. In general, a pretrial order establishes deadlines for discovery, motions, interviews (if in state court), plea deadlines and other deadlines in preparation for moving the case towards trial....Read more »
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