Only one of the two victims is cooperating.
You won't know for sure what evidence the state has until discovery is received. The discovery will disclose the state's evidence. Talk to your attorney if you already have one, if not hire one asap.
If he signed a waiver of extradition, Kansas should have ten (10) days to come get him. They can request an extension, but generally those are only permitted in extreme circumstances. If he has not signed a waiver or waived in front of a judge, then it may be longer.
My wife (female, 22) almost got assaulted my a neighbor in our apartment complex, and I want to know what I can do in the future if the situation gets worse
Call the police and/or file a vpo - do NOT take anything into your own hands unless there is an imminent threat to life or limb and the police have not arrived (Anytime you take action yourself you are opening yourself up for very expensive litigation and potential criminal issues for yourself)
Do not feel that I am guilty for the crime that is being used against me
If there is an arrest warrant out, then you need to turn yourself in. Hire an attorney first, one that is experienced and is not afraid to do hearings and go to trial. the attorney should help you line up a good bonds person, so you can hopefully just get booked in and walk out and go home. Make... Read more »
With nobody being in the car
Based on the limited facts - Per Ok statute 47 OS §10-103; If no injury is caused then leaving the scene is a misdemeanor with a $500 fine and up to 1 year in county jail. Furthermore, the person leaving the scene is liable up to 3 times the amount of the actual damage caused to the other... Read more »
Hit and run can be of property, like a parked car.
commits a subsequent felony offense within ten (10) years of the date following the completion of the execution of the sentence
10 yrs after completion - so after discharge from prison. Just to be clear, anytime prior to that 10 year (including the time in prison) would still be considered during that time as well.
In 2019 i was charged with a misdemeanor contributing to minor for one of my daughters friends stealing at a convenience store.. i was put on a year of prpbation with a monthly fine of $40 to the district attorney and than $40 a month to the judge so total of $80 month.. ive only paid once in that... Read more »
It obviously depends on the judge. Generally, there will be a bench warrant issued based not he failure to pay the DA supervision. You don't have to be taken into custody for that, you can pay the bond with the court clerk. Most times if you confess to failing your probation, they will give... Read more »
Am trying to hire attorney before I turn my self in.
Yes, definitely hire an attorney. There are multiple types of warrants. Regarding felonies, there usually two types of warrants that are used but he court. The first is an arrest warrant. This is used when a judge is shown probable cause to believe there was a crime committed and you were the... Read more »
can I say that the details are foggy or I don't remember exactly what happened that night even though I have written a statement the night that it happened and not get in trouble?
The cannot prosecute you for not testifying. You have to show up if you are subpoenaed, but they can't force you to testify. There is literally a statute that prevents them. You can always tell them that this was a misunderstanding and you do not want to testify.
The state statute reads: "It shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded or any dagger, bowie knife, dirk knife, switchblade knife, sword... Read more »
February 2020, a situation arose, I never called the police, my adult son did. Partner was arrested and charged with kidnapping me. I didn’t want to press charges, but I did under pressure from my son. I went to the DA’s office a few days later and told them I wasn’t going to testify. I have... Read more »
This is a very difficult situation for you. It’s also an incredibly common situation in most domestic violence cases where the alleged victim doesn’t want to put daddy or boyfriend or family member or roommate in jail or prison. Well, you certainly COULD get arrested for a misdemeanor... Read more »
He filed for paternity and custody after I filed a protective order. He is not on the birth certificate. I moved and did not know he filed. He now has criminal charges pending for domestic violence. Is the paternity case dropped? Or will I be served for that when I receive the subpoena to testify... Read more »
stricken generally means that any hearing that was scheduled to occur has been cancelled for now. It appears that he was required to serve you with notice of the hearing and failed to do so; therefore, the court would not conduct the hearing. The hearing could be reset, but he will have to take... Read more »
The answer to the question you ask varies depending on what is meant by the "charge I was given" and "repealed." If you were previously convicted and sentenced (or previously plead guilty to an offense and your sentencing was deferred) for a felony, you may qualify to get that... Read more »
Was charged with a crime that should have essential been lowered, is admitting guilt but it should have been a lesser charge,was not made aware of any plea bargins,never made an initial statement, wrong lawyer is on paperwork, mental state and being extremely intoxicated was not mentioned
The best place to start would be to consult with criminal defense or appellant attorneys that have a lot of experience with post conviction relief. The attorney would need to review your case in detail and then would be able to explain your best options.
I the bench warrant has a bond amount, you can get with your bondsman and go to the Court Clerk and post the bond at anytime. Usually, Failure to Appears end up with a no bond or triple the bond, so in those cases you need to get with your attorney as quickly as possible and see if they can get... Read more »
While both a fine and jail/prison time are punishments for the crime, there are other options that may also be available: such as the court deferring your sentencing for a period of years (does not result in a conviction, the case gets dismissed, and the court records expunged if you successfully... Read more »
If it's not an 85% crime or if it is but at the time of sentencing they said it was not do I have action to get this sentence off of me
Yes. Section 843.5(c) is a crime against a child under Section 843.5, so it is an 85% crime. I can also tell you that I am very familiar with the Department of Corrections receiving sentencing paperwork indicating a crime is not 85% when in fact it is, and the court ordering a sentence to not be... Read more »
I was upset that my Senator would not stand with our President and called him to tell him i would do anything in my power to keep him from being re-elected. I left my name I would not do anything to break the law! I have never broken the law in my life. Honorably discharged veteran, but i could see... Read more »
Are you asking this just based on concerns you have after thinking about what you said or have you been contacted by law enforcement or threatened with prosecution as a result of your call? Generally speaking, everyone has a right to call their elected officials and speak about issues that are... Read more »
NJT is likely short for non-jury trial. Assuming that is correct, what it means is that the case set for a trial before a judge only, where the judge will not only decide the law but also rule on the facts, weigh credibility of witnesses, etc. From what you provided, there is no indication that a... 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.
