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COVID-19 Criminal Law Questions & Answers
1 Answer | Asked in Contracts, Criminal Law and Real Estate Law for California on
Q: Landlord ?: can I technically give “1 day leases” with 0 tenant/landlord obligations to have a gathering during covid?

Technically couldn’t I give unlimited leases just for one day to have all attendees be considered “household members”

William Stanger
William Stanger answered on May 3, 2021

The one day lease isn't the problem. A contract (including a lease) is not valid if it has zero obligations. You are also limited in the number of legal tenants to two per bedroom. Further, it seems likely that such a lease would be deemed to have an "illegal purpose" and be void... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights, Federal Crimes and Civil Litigation for California on
Q: Can I pursue federal court case against many neighbors engaged in harassment/threats of violence to family and I ?

Things started with neighbor whom moved out with harassment towards my family and I. A friend living across street from him then continued to do the same to us depriving us of peace in our own home. This is 24/7 and has been ongoing for over a year at least. Things have escalated, they’ve... Read more »

John Karas
John Karas answered on Apr 22, 2021

In order to file a lawsuit in Federal District Court, there has to be "diversity of citizenship" (meaning you live in 1 state while the defendants live in another). The amount of damages also has to be in excess of $75,000.

From what you've described, you have several...
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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: Can you get a felony case dropped if they haven’t indicted you after 180 days of getting out of jail?

I got arrested in Waller Texas in October of 2020 and it’s almost been 180 days since I’ve been out. I had an arraignment but i read online that if I don’t have an indictment that I can fight to get my case dropped and was wondering if this was true.

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 9, 2021

If the case is dismissed now then you will be released from the bond. However, if you are later indicted an arrest warrant will be issued because you are no longer on bond. The state has up to 3 years to indict you for most felonies so should be sure that the prosecutors don't want the case... Read more »

2 Answers | Asked in Civil Rights, Consumer Law and Criminal Law for New Jersey on
Q: I am a victim of theft by deception $14K, i filed in township municipal court . is that the correct action.

2 desired outcomes i am looking for

- stop this crime from happening to others( looks like this contractor has already done this with many other homeowners in princeton, monroe,hillsborough,flemington,south brunswick )

- refund of my money

Leonard R. Boyer
Leonard R. Boyer answered on Apr 1, 2021

This is a Civil case that must be filed in Superior Court, Law Division. As someone who has successfully handled a significant number of these cases, I can make some statements with a very high degree of certainty, which is good news for you. It is extremely rare that any Home Improvement... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Collections for Texas on
Q: How can I get my money back from a lawyer I feel has done nothing since hiring him half a year ago?

I paid $3000 to a lawyer who assured me of good things. My husband even denied a plea bargain with the state because this lawyer said he would and he can get a better one. But now he never answers and the state wants my husband to do even more time now. He now even has warrants that he didn't... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 7, 2021

An attorney has an obligation to respond to his or her client, which in this case is your husband. Even if you were the one who originally retained the attorney, it should be your husband who is calling or texting. If you don't get responses in a couple of days then send an email. If you... Read more »

2 Answers | Asked in Criminal Law, Products Liability, Civil Rights and Federal Crimes for Texas on
Q: Envirox H2Orange2 Concentrate 117 Sanitizer virucide cleaner is what we spray our warehouse with against COVID-19.

On the back it says it’s a violation of Federal Law to use this product inconsistent with its labeling. It kills only 4 viruses being Herpes Simplex Virus Type 2, Influenza A2/Japan, HBV, and HIV-1. None of these are Coronavirus/COVID-19 related. Therefore being a violation of Federal Law and... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 6, 2021

No. That's not what use inconsistent with means. Who knows, the company may have consulted an industrial hygienist.

Also, to sue for damages you have to show you actually suffered something--not could have.

If you have a concern you may report it to your state OSHA or US Dept of Labor OSHA

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3 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: How can i get a hardship drivers license or some kind of restricted license to work if i have never had one?

my privilege to drive has been suspended for 21 years by dmv for a second dui despite i paid for my crime in jail and through fines etc. I'm in the classes dmv wants but i need something to be able to drive now . i'm desperate im the only one providing for my family due to covid. I work... Read more »

David Michael Lehr
David Michael Lehr answered on Mar 4, 2021

I am sorry that you were going through this. In general they will not you apply for it driver's licence until you complete the dui class. You can call or go to your nearest driver safety office which is part of the DMV and ask them if there's anything you can do.

Good luck.

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3 Answers | Asked in Criminal Law for California on
Q: Didn't know that i missed court date back in October now got bench warrant please can you help me.

Is it safe to go to the court this morning alone to try in get this matter resolved or would i be arrested there in taken to jail on the spot?

Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2021

more info needed.

why did you miss court date? did you not know or just forgot?

if it was a Felony it will be more serious than a misdemeanor.

you should either hire a lawyer or ask the court for a public defender. They will put the matter ON CALENDAR for the day and your...
Read more »

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4 Answers | Asked in Criminal Law, Communications Law and Legal Malpractice for California on
Q: I need help ! I don't know how to go about this and if it's even worth it ..

I have a public defender . She calls me the day of my court date and tells me that the court is closed due to covid so no one is allowed in the court house . She left me a voice mail stating this loud and clear and repeated her self twice . she would notify me when the court re opened ,in the mean... Read more »

David Michael Lehr
David Michael Lehr answered on Feb 24, 2021

Sorry about what happened. I would make sure that her office knows what happened to you and see if there is any way to help get your $2000 back. Unlikely, but worth a try.

Keep those VMs!

Good luck!

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3 Answers | Asked in Criminal Law for Kentucky on
Q: I am on probation and they want me to come in but im scared due to covid until I get vaccination. Do I have any say so?
Timothy Denison
Timothy Denison answered on Feb 23, 2021

No. If you don’t go in, they’ll likely violate you for absconding. Best to go in snd see what they want.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: if a certain person not to possess finds a gun and turns it over to cops can he still b charged?

my fiance found a plastic pellet gun down the cushion of a chair in the resort and casino room that we were staying in, he took it to security who called the local cops who arrested him charged him w certain person and possession, the casino took his photo and banned him then security came up to... Read more »

James A. Abate
James A. Abate answered on Feb 18, 2021

The only answer is to retain a lawyer. Recent orders from the NJ Supreme Court could permit his release while he waits trial. While his case is serious, the possibility exists of a jury aquital.

2 Answers | Asked in Civil Rights, Criminal Law, Traffic Tickets and Cannabis & Marijuana Law for Texas on
Q: Can police legally unlock and search my glovebox without a warrant

I was recently stopped for an expired registration which if I'm correct right now is not even stoppable offense due to covid-19 and subsequently pulled out and surendered marijuana from my person to the officer he then without saying anything else to be watching his car got gloves one over to... Read more »

Brian Foley
Brian Foley answered on Feb 12, 2021

You're best legal challenge would be the reason for the initial detention. In Texas a police officer has to have reasonable suspicion that a traffic violation has occurred to pull over a vehicle. If the only reason the officer had to pull you over was the expired registration sticker it may... Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: Violation of Probation for restitution not being paid in full prior to probationary period ending

I was convicted of felony theft, over $10k under $100k. I was sentenced to 4 years incarceration, all but one suspended and 5 years probation. I was also ordered to pay restitution in the amount of $47,000. I paid monthly what I could afford, abided by the terms of my probation and was released... Read more »

Mark Oakley
Mark Oakley answered on Feb 8, 2021

Assemble all your payment records and income verification and bankruptcy info, which will show your good faith efforts to pay. I do not see you being violated for inability to pay such a large restitution obligation. Nobody gets violated for not having enough money. Your probation should be closed... Read more »

2 Answers | Asked in Criminal Law and Sexual Harassment for Louisiana on
Q: I was sexually abused by my pastor who was also my employer & Christian counsellor. He abused his power and sacred ..

.. sacred position, took advantage of my severe history of trauma, and violated my trust, destroyed my faith, gave me COVID from some missionaries that visited 2 months ago, and worst of all, when my phone broke and I needed a new one, he gave me his old one (after he thought he deleted most... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Jan 26, 2021

Your pastor may have committed a crime, which would be handled through law enforcement and the District Attorney. You should call your local police department or Sheriff's Office to discuss that aspect further. However, I recommend that you speak with an attorney who handles personal injury... Read more »

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1 Answer | Asked in Criminal Law, Civil Litigation and Domestic Violence for South Carolina on
Q: My mom owns her house and wants her boyfriend to move out because he has been drugging/stealing from her.

How do we go about this legally and without him hurting her? She's scared when she tells him to leave that he's going to get angry and try to hurt her. The last time she called the police on him, he told the police they were married and made it seem like she had mental issues, which she... Read more »

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jan 25, 2021

Hello.

We are sorry to hear about these problems that your mother is having. No one should ever feel unsafe in their home.

The first thing that you should do is go down to your County Family Court, and speak to the Clerk of Court there. Tell them that you need an emergency...
Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: Is it true that a DF1 will not be sentenced to the mand. 8-yr min because only violent offenders go to jail due 2 covid?

My previous question re: this case was not clear. 11-count drug task force indictment. My arrest stemmed from controlled buy of 221g meth back in June. At the time of arrest (a few days ago) I had nothing on me but cash, no weapons, all search warrants came up essentially empty, except for friends... Read more »

Sean Maye
Sean Maye answered on Dec 16, 2020

Unfortunately, this new information does not change the answer. A lot depends on criminal history and overall facts of the case. The only way to know for sure if a DF2 drop down with no jail is possible, an attorney would need to speak with you directly, review the indictment and discovery and... Read more »

2 Answers | Asked in Criminal Law for California on
Q: My girlfriend was sentenced to serve 5 days in jail on November 13, 2020 and here she still is in jail.

She saw the judge on November 13, 2020 and was sentenced for 5 days and so her court date was moved because of COVID and her cell was quarantine and she calls me up today and said she has to stay another 14 more days because quarantine again. Her public defender wont return my calls and she is... Read more »

David Michael Lehr
David Michael Lehr answered on Dec 9, 2020

I don't think that you have all of the facts. Check to see online if she was actually sentenced to 5 days or just made an offer. Also check for other cases. Good Luck!

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2 Answers | Asked in Criminal Law for Florida on
Q: Last October my son was arrested for battery and still going to court. The person who accused him has not been to court

And no longer lives in state. He was offered 90 days. Can he somehow get this thrown out. He was arrested on 11/8/20 on new unrelated charges and was told the battery charge has to be taken care before he can have a bond on new charges

Jeffrey H. Garland
Jeffrey H. Garland answered on Dec 5, 2020

Your son’s problem is the new arrest while out on bond. That’s why he can’t bond out. The new arrest reveals nothing about the first arrest. Either the witness who moved out of state shows up for trial or not. Depending on Covid it might be quite some time before a trial is started. Whether... Read more »

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4 Answers | Asked in Criminal Law, Civil Rights and Family Law for New Jersey on
Q: What do I do if it's my second time being falsely accused of domestic violence and I feel like I was discriminated

This time when I went to pick my child's from his house he dragged me out slashed my tires broke my phone in front of the kids

Leonard R. Boyer
Leonard R. Boyer answered on Dec 1, 2020

You really need to retain an experienced matrimonial attorney to obtain a Final Domestic Violence Restraining Order against him and contact the municipal prosecutor to file criminal charges against him. During this pandemic, you have a choice of either seeing your attorney in person or by way of a... Read more »

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1 Answer | Asked in Criminal Law and White Collar Crime for Tennessee on
Q: Are courts being more lenient on jail sentences with Covid? Hoping to get house arrest instead of jail time?
Sean Maye
Sean Maye answered on Nov 30, 2020

It depends on the facts of the case, your criminal history and the DA's and victims' positions on jail time. Generally, in the beginning of the pandemic, courts were leaning away from jail sentences and were letting a lot of people out of jail on already-imposed sentences. Now, though,... Read more »

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