Anthony Marvin Avery's answer If there is no Notice of Seizure (and later Forfeiture) from the Seizing Agency in conjunction with a Department of Safety Forfeiture proceeding, then the Criminal Court probably has Jurisdiction to release a car that has been impounded by Law Enforcement. There are various scenarios however, and you have provided no facts. Even if the car contains evidence of a crime, the owner can move for possession after the investigation has been made. If the DA believes the car is needed for trial,...
Anthony Marvin Avery's answer Usually most applicable fill in blanks need to be annotated. But Officers make mistakes all the time and the Courts usually allow it. Even if you make a Motion to Dismiss, the Court can dismiss the Citation then have you stand there while the Court gets an Affidavit from the Officer to issue an Arrest Warrant. Then after some time in Jail, you go back to Court on the same Charge. Hire a competent attorney now.
Anthony Marvin Avery's answer You have not stated enough facts, but I would guess your conviction has something to do with a fake ID. Whatever it is, the Department of Safety got involved, and it is that Agency which both issues and revokes Drivers' Licenses, not the Courts. You probably need to request a Hearing with the Department of Safety immediately. Your lawyer should have warned you about what DOS might do.
Anthony Marvin Avery's answer You are looking at a possible one year Sentence and numerous other requirements. The costs alone are large. Hire a competent attorney now to bring you to Court, set aside the Forfeiture and set it for a Preliminary Hearing. The Bondsman will also be looking for you. Get to Court as soon as possible even though you are not on the Docket.
Anthony Marvin Avery's answer Most importantly he needs get his Driver License reinstated and in his possession. Additionally hire a competent attorney now. This should not be a hard Case but it appears he has made it much more difficult and expensive than it needed to be.
Anthony Marvin Avery's answer You need to hire a competent attorney immediately. It sounds like you are still at General Sessions where you need to conduct a thorough Preliminary Hearing. The basis for a Motion to Suppress Evidence due to an illegal stop, and possible detention, needs to be brought out through the Officer. If the stop was illegal, it is irrelevant about your consent to search.
Anthony Marvin Avery's answer SOL on Class D Felonies is Four Years. I suspect this is more of a Medical Malpractice Case though, which requires many pleadings along with the Suit being filed within One Year of Injury. Assault may be a criminal option for the State, but it has a One Year SOL.
Anthony Marvin Avery's answer Charges could range from Criminally Negligent Manslaughter to Second Degree Murder. Without Death the charge would probably be Reckless Endangerment or Aggravated Assault, and possibly Attempted Murder.
Anthony Marvin Avery's answer There is no difference. For some reason obviously the Officer swore out the two charges in a different narrative in the Affidavit section of the Warrants. There should not be two convictions for the same Criminal Violation unless there is more than one incident.
Mr. Kent Thomas Jones Esq.'s answer Yes, typically when a client is put in jail, or before they are put in jail, if planned, then you will meet with the nurse and discuss your medical conditions. You can also give them access to your list of prescriptions from your pharmacy. The jail treats different conditions in an order of priority. For example, if you are diabetic and need insulin, you will probably be at the top of the list. If you are in jail, it usuall takes 3 to 4 days for you to start receiving medications. If you...
Mr. Kent Thomas Jones Esq.'s answer Thanks for the question; however, it is not clear and specific enough to answer. Generally speaking, if you are referring to threatening someone with a criminal charge to achieve a monetary gain, then that is extortion. If you are referring to threatening someone with bodily harm, then it is assault. Simple assault can be a Class A or B misdemeanor. A person commits aggravated assault who: (A) Intentionally or knowingly commits an assault as defined above, and the assault: (i) Results in...
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