i am doing a school project where i am a lawyer defending his client *he is charged with robbing a store and killing a attendent*,they were a mask and gloves, there are no witnesses to see the face of my defendent, the crime took place at 3:00 and my defenddent is told me he is guilty of the crime... Read more »
Sounds like a situation where the offender has no prior convictions or arrests. If you want to or feel as though you need to go to rehab then by all means do it. However, most situations involving this particular crime and with no prior history are going to secure some type of probationary plea...Read more »
In your factual statement you didn’t recite whether they had a warrant or not. There are lots of factors that go into suppressing an illegal search and seizure. You need to immediately contact and or retain a criminal defense attorney who can go over the facts carefully and make a decision on...Read more »
I’m a delivery driver and we leave our cars on when we’re busy. My car was stolen while I was inside. Yes the guy was caught but when I mentioned suing the parents to a friend. (The kid is 13). He told me that I could lose because it is my fault for leaving my car running. Although, yes I could... Read more »
You should consult with an attorney to go through the specifics in more detail. There are other avenues other than larceny of a vehicle such as unauthorized use of a vehicle or even trespass. All issues have potential areas that have defenses, but you need an attorney to guide you through the...Read more »
For two months I was kicked out by the judge when my roommate filed protection order which I later proved it all to be wrong and falsified to wear to judge turn around and put one on the roommate I had no clothes except for what was on my back that I was allowed to get nothing and at that time you... Read more »
Legal standing basically means that the person/entity who is suing another has a reason to sue them - that they've been personally affected. For example (a silly example), if you and your spouse are having a hard time, a random passerby cannot sue your spouse for divorce on your behalf....Read more »
My uncle was picked up on a trafficking charge and made a plea agreement with the prosecutor but no papers have been signed and he has not been sentenced but the feds picked him up from county jail and moved him.
Yes. If the federal government intends to prosecute him, they can move him to where the US Marshal Service houses federal detainees. Then, the State generally needs to wait until the feds are finished before getting him back to finish his state case, but that is not always the case.
Generally speaking anytime there is an adult and the minor under the age of 16 years, you have considerable risk, in that the minor cannot give consent to anything. Also, Lewd Molestation, child pornography, etc. are charges that could be alleged for as little as selfies in bathing suits, or...Read more »
The best thing you can do is hire a criminal defense attorney and follow your attorney's advice. There are a variety of ways to defend the charges you describe, but each case is different. The defense strategy recommended by your attorney will be largely dependent upon the facts and evidence...Read more »
My felony warrant was recalled. Prosecution filed a motion to recall pursuant McGirt v. Oklahoma. Since the Feds will be flooded with back cases as well as current cases, my guess is the most violent ones will take priority and not refile on all the rest. But if they somehow do decide to prosecute... Read more »
Generally speaking, no. A federal warrant issued pursuant to a grand jury indictment, information, or complaint is usually filed under seal until the arrest has been made. The federal government uses the PACER system for court records, which is available to the public, but you must have an account...Read more »
The Mcgirt case already caused the State to recall a felony warrant they had on me. Since they lacked jurisdiction on the other felonies I had that I discharged over 15yrs ago does that mean I can hire a lawyer to file the paperwork to get those felonies taken off my record and essentially not be a... Read more »
Yes, that might be possible; however, it is only certain felony crimes that the federal government has exclusive jurisdiction (thus depriving the State of Oklahoma of jurisdiction). For all other felonies committed on Indian Country committed by or against Native Americans, the State of Oklahoma...Read more »
He refused to give me my mail so I had a cop go to his house to get it for me. My mail had been opened and he lied and told the cop his teenage son opened it. I have texts from his son stating he didn’t open it and he wasn’t even aware that I had gotten mail there
The idea of "pressing charges" isn't really the way it works. The DA is the only one who can file charges (press charges). They have complete discretion. The police and the DA may ask you if you want to testify (come to court), but that is really as far as it goes. Now if they...Read more »
One of my friends got his 3rd DUI about 2 weeks ago. He has two previous misdemeanor DUI’s on his juvenile record. He was ordered to go to victims impact classes and to attend AA after he completed a year long rehab. He hasn’t completed all of his classes and is behind on court/probation... Read more »
Aggravated DUI is always considered a felony. It is based on a blood alcohol level of over .15. The key to to fight the breath test or the blood test. This is complex, but if done right can save you a great deal of heartache and money. If it is in or around Tulsa, give us a call and we can...Read more »
I want to find the details from my fiance's federal case, for example his official charges and sentence terms. Is this public record? For state cases I use odcr.com and find any public record on file with details. But I can't find this kind of information on the federal level?
I need to know what judge will be hearing the case of USA v. Brandon Hatchett case 5: 19-cr-00148-D in the United States District Court for the Western District of Oklahoma. I believe the court date is 7-9-19
Not until someone delivers an original or certified copy of your mother's death certificate to an officer of the bank. If your sister is not a beneficiary and is taking money out of any of your mother's accounts that contain payable on death clauses she is stealing; report her.
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.