Get free answers to your Criminal Law legal questions from lawyers in your area.
If the state cannot find my arrest and conviction records for what ever reason like lost or destroyed and have no backup can I challenge same and prevail
answered on Feb 12, 2020
It depends. The first thing to do is to request your criminal history from the Utah Bureau of Criminal Identification.
You can do so here: https://bci.utah.gov/criminal-records/
If there is nothing on it, then if someone requests your state criminal history, such as an employer,... View More 
answered on Feb 8, 2020
Typically no. But if you use it to harm or threaten someone it can be unlawful possession as an "imitation pistol" (in addition to charges related to the threat/harm). You also can't have it on school grounds or certain other properties. If you're carrying it openly and... View More
I work as a cashier in a pharmacy, last week I had LP investigating me for theft and lost prevention.
Long story short, I used my non discount card for customers which accumulated coupons that I used for personal purchases. The amount estimated was $100. In my statement, I admitted the... View More
answered on Feb 6, 2020
An employment lawyer would carefully review your employee handbook before advising you. This could be completed remotely. You would call and discuss more details, you and the lawyer would agree to a flat fee for such review and legal advice regarding options, and everything including payment and... View More
When I was brought back to the police headquarters the officer instructed me to look at the wall. NOTE: I was not given a clear and unequivocal warning that a chemical test was being performed and the consequences of not performing the test.
With that said, I replied to him, "look at... View More
answered on Feb 4, 2020
When did the arrest happen and where? Did you go to the Refusal hearing? You need to retain an experienced criminal defense attorney for proper representation.
I have certificate of ownership receipts of purchase emotional support animal Letter, vet bills only my name on it. My sick roommate asked me to date her I been refusing, I was sexually and physically assaulted so I left for a week out of state when I came back she stole my dog. And demanded I... View More
answered on Feb 2, 2020
If she is out of state and you are out of state, the only way go get the dog back is to go to court in the state she now lives in.
I was stopped at the door and they asked me to hand everything over, which I did, and I complied with what both the store workers asked of me and the police officers asked me, as I do not remember what I attempted to steal due to the fact that I was in a manic impulsive episode and I had blacked... View More
answered on Jan 25, 2020
If you don't have the money for a lawyer, ask the Court for Legal Aid to be assigned.
If you have no record, the most likely outcome (depending on what county you're in/who the DA is/who the judge is) would be an adjournment in contemplation of dismissal (stay out of trouble for 6... View More
answered on Jan 23, 2020
The police will put together all evidence on the case, regardless of a warrant being issued or not.
I am Italian but I have a curiosity about American law: In Italy, when someone is the person damaged by the crime who intends to assert his claim for compensation or restitution before the criminal judge, he becomes a civil party. How does it work in America?
answered on Jan 15, 2020
Your question bridges two areas of practice under U.S. law. You ask about restitution. That is a remedy provided for under criminal law, where the criminal must pay the victim for losses they caused (medical expenses, lost wages, property losses, and others). There are also crime victim... View More
With a crime.
answered on Jan 15, 2020
If there was an injury to the other child, even a small one, the answer is yes he can.
After receiving a copy of the SCR report I discovered that the caseworker, her supervisor and unit manager all lied in their reports as well as excluded documents that provided proof that there was no neglect, yet my case was still "indicated". I have proof. Are they still covered by immunity?
answered on Jan 1, 2020
If they were acting in their capacity at DSS it is unlikely that you can sue.
Im 15(born april 17th 2004) my boyfriend is 16(born november 14th 2003) we have a less than half a year age gap and i think i migbt be pregnant. Its against my belief to have an abortion but i dont want him to get in any legal trouble because i want him to help raise the kid... please help. We live... View More
answered on Dec 26, 2019
If you are asking about criminal charges, there shouldn't be any.
I'm from Serbia. I'm 15 year old boy from Serbia and I have been asked to send nudes to a 13 year old girl posing as a 15 year old, I have sent her nudes and she sent some back I still have them as evidence. I was called from social work to talk I am really scared. She was my girlfriend... View More
answered on Dec 16, 2019
You need to see a lawyer immediately, do NOT answer any questions without speaking to and having a lawyer with you. If you or your parents/custodian cannot afford a lawyer have one assigned to you before you answer any questions or say anything.
In a domestic violence case, Detective arrested me without any investigation. I wasn't even at the place of incident that the complainant claim on his police report. In other word, the police report was completely FALSE, done by my nephew for personal revenge. Indeed, somehow my nephew have... View More
answered on Nov 24, 2019
As long as the detective was acting as part of his duties, it is unlikely that you can sue him. He had a sworn complaint and acted on it.
I am located in Michigan and my fiancee is located in Cayuga correctional facility NY. I am looking to have his case reviewed and possibly re-opened. I do not know where to start.
answered on Nov 24, 2019
Most likely, what you are referring to would be a post-conviction motion under section 440 of the New York Criminal Procedure Law. These are not easy to win, and the grounds are fairly narrow. There are also issues as to whether this is something that was or could have been raised on appeal. An... View More
My cousin, lives in Brooklyn, was arrested on March, 2013 for shoplifting once in New York City in her 30s.. She paid $500 penalty to the store, convicted in the court and did a few days community service. The case was dismissed and sealed after 6 months probation. She has no other criminal record.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2019
This will have a negative impact on her chance to stay in the U.S. Marriage to a U.S. Citizen is insufficient to protect her. She might be subject to removal proceedings. You need to have an in person consultation with an experienced immigration attorney immediately!
I live in upstate NY and currently trying to break my lease due to unsafe living conditions such as broken windows in common areas (It's 20 degrees right now), harassment by other residents, drafty windows and poor heating (Again, Upstate NY is really cold), and so much more. I emailed my... View More
answered on Nov 22, 2019
From the description you provided, it appears that the property manager is not adding terms to the lease but allowing you to negotiate for an early termination for the payment of a fixed sum. This type of early termination fee is commonly negotiated regardless of whether it is included in the... View More
My wife and son filed a statement with the sheriff following a home visit. My son has minor bruises but no severe injuries, yet was taken to urgent care for photos to be taken. I admitted to the sheriff over the phone while talking to CPS. No charges have been filed yet. I am currently out of town,... View More
answered on Nov 22, 2019
You need a criminal attorney and a Family Law attorney
IN 88 I WAS CAUGHT SLEEPING WITH A COPS WIFE. 30 DAYS LATER I WAS RAIDED. 5 DAYS LATER MY WIFE IS SLEEPING WITH THE COP WHICH I SLEPT WITH HIS WIFE. WARRANT WAS SIGNED BY THE COPS DAD. HE WAS A DETCTIVE. I SAT IN JAIL FOR 45 DAYS. CHARGES DROPPED FROM FELONY TO MISD. 8 MONTHS LATER I WAS ARRESTED... View More
answered on Nov 9, 2019
First, typing in all capital letter is considered rude. If you believe you are justified, then you should consider the feelings and position of the recipients.
There is no legal avenue to get back in court after so many years
Apparently they have video footage of me taking the money out the straps and putting it into my pocket and now have nearly 5k on my tab ( I worked for an armored truck company) idk how true this is, but it took 2 weeks for them to notify me of anything, and are now just adding any shortage to my... View More
answered on Nov 5, 2019
If they want you to come in, they are probably going to have detectives there to arrest you, which is likely mandatory for their insurance company to cover any losses. They might be able to prove that you took something from the video, but it is hard to say if they are going to be able to prove... View More
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.
