He needs a good attorney. The prosecutor either has video or a third party witness and is trying to strong arm him into a plea. Obviously, I don't have the discovery (evidence) to give you any more guidance, but make sure he doesn't give a statement to police and get him an attorney that handles...Read more »
I am not entirely certain what you are asking, but let me take a shot at answering. A person may be found to lack capacity to stand trial. For this to happen a hearing must be held after a psychological evaluation to determine is the person understands the charges against him/her, and is able to...Read more »
Title 22 section 60.3(d) states if there is a pending FP FD case a judge in another county cannot include a minor child as part of the final order. The judge ordered the case transferred and consolidated in with thee FP case and set a review hearing for 3 months later. The petitioner never started... Read more »
Yes, it is a criminal offense to attempt to gain advantage by false claims of a need for a protective order. The problem is finding an ADA with the courage to file it, or a police officer to even listen to the idea.
Unless the protective order specifically states an exception for communication it is a violation. Any contact is a violation otherwise. The violation is not about the kids, but instead is about the communication. There are specific parenting apps, which are normally recognized by the courts as...Read more »
If I file an appeal it's going to cost me $370 and I have to do it before September 30th or I won't get to a pill at all but I was hoping that maybe there was a way I could ask the judge for a new trial or for a reconsider
I need to file an appeal by September 30th on a criminal misdemeanor petty larceny I was found guilty when I was representing myself on the 19th of September it was an incident at Walmart in the self-checkout but if you get back to me I can explain more to you because I want to fight this cuz I'm... Read more »
If your wife takes the kids away and denies you your visitation, and you have a Court Order in place that memorializes your visitation schedule, you can apply to the Court to have her held in contempt of that Court Order. If she is found guilty of contempt, the Judge may impose fines that could...Read more »
It would all depend upon what is contained on in the Rules and Conditions of Probation that you signed in your criminal case along with whether you are involved in and being ordered to follow an ISP or some type of parenting plan through DHS (or CPS). Call your attorney and ask.
I received a witness notice of court date rrequesting my presence back In Oklahoma for an auto accident in which they are charging the man that hit me. They sent the letter on 9/3/19. I received it 9/10/19 via regular mail and was not served. I’ve called and left messages trying to tell them it... Read more »
You can't be "illegally charged." Anyone can be charged with a crime. The actual question is: Can the government prove that the defendant has committed all of the legal elements of the crime? That question can only be answered by a jury. You need an experienced criminal defense trial attorney to...Read more »
The 6th amendment allows me the right of self-representation, after I entered my plea of not guilty for a misemeanor charge of disturbing the peace, the judge said he would put me in jail if I showed up at my next court date without an attorney . Can this judge actually throw me in jail and violate... Read more »
Yes and No. If you do not file the appropriate motions and entry of appearance the judge can revoke your bond or hold you in contempt of court, which carries up to 6 months in the county jail. With that being said, I am an attorney with over 10 years of experience in criminal defense and I would...Read more »
I currently have a bench warrant for a probation violation. I have not turned myself in but my court records show a BW RETURN FOR PROBATION VIOLATION and just recently a MOTION/ORDER TO INCLUDE SUPPLEMENTAL REPORT & INFORMATION was added. What does all his mean exactly? Thank you in advance.
It's a deferred but before they even gave me the rules and regulations the felony was dismissed now they are trying to acc to suspension because I didnt follow the rules. But the rules that are set are for a felony charge
Shawnee police officer entered my brother's residence while he was asleep on the couch and woke him up. They said that someone reported an a/b taking place in his yard. They asked him to come outside then arrested him for public intoxication and trespassing. He was told that he couldn't reside at... Read 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.