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COVID-19 Criminal Law Questions & Answers
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,... View More

3 Answers | Asked in Criminal Law, Traffic Tickets and Car Accidents for Minnesota on
Q: Why is my appearance in court mandatory?

I was in an accident due to a failure to yield left and they found me at fault for the accident. I was told by the officer in charge that I would be able to pay my citation and plead guilty for the charge, but now it says I have a mandatory court appearance. It is a misdemeanor for crim/traffic and... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 30, 2020

If the officer checks the "property damage or injury" box on the citation, the court appearance becomes mandatory. That means failure to appear will result in an arrest warrant. A misdemeanor is a crime punishable by a maximum of 90 days jail, though jail is rare in cases like this.... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: How long can the court Maryland court systems postpone a court date due to COVID-19?
Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2020

The COVID19/coronavirus pandemic has claimed some 260,000 American lives since February. Experts suggest this is a once in a lifetime health crisis of epic magnitude. I predict he courts will continue to adhere to the guidance of public health officials and the governor. There is no limit on the... View More

3 Answers | Asked in Criminal Law, DUI / DWI and Arbitration / Mediation Law for Minnesota on
Q: Hi, I am having issues with fulfilling my community service hours due to COVID

I am wondering about how courts are dealing with this COVID mess and the required hours for community service. Instead of doing Sentence-to-serve, I have been approved to do community service but have been having a difficult time fulfilling my hours. My deadline has already been pushed back twice... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 24, 2020

I would expect that a probation and a judge would give extensions for this reason, but in the end would require the time to be served in jail. After all, community service is considered a jail substitute by the courts. Therefore, if it were me, I'd simply find a way to get the hours done.... View More

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2 Answers | Asked in Criminal Law for Tennessee on
Q: Because of coronavirus is it a favorable time for some one to turn them self in over a probation violation ?
Shanone Emmack
Shanone Emmack
answered on Nov 21, 2020

Yes you should turn yourself in but , before you do, call and find out what your bond is or if you will be released on your own recognizance (ROR). That way you can plan ahead and get in and out relatively quickly. Good Luck!

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1 Answer | Asked in Criminal Law for Georgia on
Q: If someone was sentenced to the RSAT program but they're not shipping due to COVID can they file a motion for less time

My friend was sentenced to the RSAT program on 10/20 but they're not shipping anyone off due to COVID. He wants to know can he file a motion of modification. Since his time doesn't start until he gets there.

Tracy S. Reeves Jr.
Tracy S. Reeves Jr.
answered on Nov 18, 2020

You would need a valid, legal reason to file a motion for modification of sentence. If the reason is that the sentence will be longer than anticipated, it likely will not be granted. There is often a waiting list for RSAT and most people wait for months to get a bed in the program. If the RSAT... View More

1 Answer | Asked in Criminal Law for Texas on
Q: How long is typical for a county jail to hold a person for another county in Texas...concerning probation violations?

Also,once arrested, they placed him in maximum security at the jail in Houston, TX. He states that there was no violence or verbal threat, etc. whatsoever. He doesn't understand why he has been placed there and OF COURSE, they won't tell him.

Edgardo Rafael Baez
Edgardo Rafael Baez
answered on Nov 17, 2020

Thanks for your question. Since COVID, we have seem some strange things in county and other jail facilities in Texas. Although no one can answer you for sure, you should get some answers by hiring a local lawyer. Blessings!

2 Answers | Asked in Criminal Law for Missouri on
Q: What is the statute of limitations on class d misdemeanor stealing in Missouri

My wife was charged last Dec. 12 for stealing less than $40 of merchandise from Walmart. She is not guilty and has already pleaded not guilty in municipal court. They have rescheduled several times, then transferred it to circuit court. She was due to appear in front of the new judge to enter a... View More

Andrea Rogers
Andrea Rogers
answered on Nov 16, 2020

No, this case is not going to be dismissed because of statute of limitations. For misdemeanors, the Prosecutor has 1 year from the date of the incident to file charges. In this case, it sounds like the Prosecutor filed the charge well within the 1-year statute of limitations.

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1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Georgia on
Q: If an individual has been in jail for 90 days and hasn't been indicted or granted bond,the judge is in violation of wha?
Jermario L Davis
Jermario L Davis
answered on Oct 26, 2020

The statute that you are referring to is o.c.g.a. 17-7-50....if true, the judge would be required to set a reasonable bond upon petition by the Defendant. There are exceptions if the state intends to seek the death penalty. Specifically, the state can seek additional time (90 more days) to... View More

1 Answer | Asked in Criminal Law and Health Care Law for Texas on
Q: If a defendant is found guilty of menacing-intimidation only what would be the Judges ruling?

The defendant was having a paranoid schizophrenic bipolar episode. He is on medication and doctors care and attending Alta Pointe. However due to the pandemic they were not meeting with him in person due to this pandemic. His fears are real to him.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Oct 15, 2020

Please clarify the question. A defendant being found guilty of anything implies that either that he entered a plea of guilty or no contest or that the prosecuion proved every element of their case beyond a reasonable doubt.

Most, but not all, offenses require some sort of "culpable...
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1 Answer | Asked in Criminal Law, Civil Rights and Identity Theft for California on
Q: High Risk for severe Covid, DA is recommending 6 years 8 months for 9 felony charges yet co-def got summery probation

Feb. 2020, while at court, I suffered a mild stroke, could barely form simple words, disoriented,etc. My attorney, knowing I did not want to plead guilty without a deal, entered guilty plea to 9 felony ID theft charges. I have several health issues which makes me high risk of severe Covid-19. The... View More

Rhonda Mae Hixon
Rhonda Mae Hixon
answered on Sep 21, 2020

If you entered a plea at a time when you were not thinking clearly due to the stroke, you might want to have your plea withdrawn. Discuss this with your lawyer. If it was a 'good deal', and there are no problems of proof,for the DA, you may not want to. You might be looking at more time... View More

1 Answer | Asked in Traffic Tickets, Criminal Law and Civil Rights for California on
Q: i was issued a ticket for driving on a suspended license expired registration i missed the courtdate do i have a warran

.

Douglas Hugh Ridley
Douglas Hugh Ridley
answered on Sep 17, 2020

If you were issued an infraction or misdemeanor for driving on a suspended license and do not show up for the court date, the court will issue a warrant. It will probably be immediate, but there could be a slight processing delay (especially with Covid). The best solution is to go to that... View More

3 Answers | Asked in Criminal Law and Animal / Dog Law for California on
Q: Is it against the law in CA for a neighbor to take our cat days at a time?

these crazy neighbors have been holding our cat hostage inside for days at a time. They have been positive for corona virus and I'm 7 months pregnant. I tried calling police but they said a cat isn't considered property. Its causing me a lot of stress. I though pets were property, isnt this thef?

Kristina M. Bergsten
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Kristina M. Bergsten
answered on Sep 8, 2020

The police are clearly just being lazy in this situation. You can call the chief and file a complaint against the officers. The squeaky wheel gets oiled the most!

To answer your question, yes, animals (cats and dogs and cows, pigs, birds, all animals, etc.) are considered property. So, the...
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3 Answers | Asked in Criminal Law, Immigration Law and Traffic Tickets for New York on
Q: Can a traffic related misdemeanor effect my US citizenship application process? I have green card & take final test soon

I’m a green card holder and have my final citizenship interview this month. The misdemeanor was from driving with an expired drivers license and getting rear ended (I’m not at fault for accident), but the officer said if I can renew my license before my court date, it should be able to be... View More

Victor M. Feraru
Victor M. Feraru
answered on Sep 7, 2020

There's no way of telling whether or not the misdemeanor will effect your immigration status without more details. Also, as far as renewing your license, it's rather straightforward now (make an appointment, or do it online). Consult with a law office who will try to get the ticket... View More

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2 Answers | Asked in Criminal Law for Illinois on
Q: 1st offense was Residential Burglary

My friend was arrested for the first time for residential burglary it’s obviously her fist offense she had bond court and was released with ibond she had another court could she be arrested to serve time? Or could she do community service hours?

William Wolf
William Wolf
answered on Sep 6, 2020

Hi. I hope you're safe and well during this pandemic.

Residential burglary is a mandatory non-probationable offense in the State of Illinois.

She is looking at a mandatory prison sentence if she is found guilty. She is facing anywhere between 4 to 15 years in the Illinois...
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1 Answer | Asked in Criminal Law for Indiana on
Q: My pub def has not answered any call or message for six weeks. Can I request a new one?
Paul Stanko
Paul Stanko
answered on Aug 27, 2020

Unless you have an urgent situation or a hearing in the near future, you should not be alarmed. Especially in the current pandemic, public defenders are swamped with cases (fewer people are working) and also having to deal with the same crisis management as everyone else in the court system. You... View More

1 Answer | Asked in Civil Rights and Criminal Law for Colorado on
Q: A police officer was called out on a complaint, turned out to be civil. He performed a NCIC on the spot.

Found an outstanding warrant for me in FL. He threatened to arrest me if we returned to the property. This left us homeless, immediately, literally, and we lost most of our possessions that were left after moving due to COVID. We are now destitute. Was this legal for this officer to do this to me?

Mr.  H. Michael Steinberg
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Mr. H. Michael Steinberg pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 27, 2020

I am very sorry for your situation but the short answer is yes - if the question is can the officer ran a criminal history on someone he legally contacts. If the warrant was out of state and a felony - he most likely would have arrested you and held you for extradition. Most often - when the... View More

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Municipal Law for New Jersey on
Q: Can dcp&p remove children during covid-19 pandemic without a court order?
Richard Diamond
Richard Diamond
answered on Aug 26, 2020

From a procedural standpoint, DCPP gets a call from an anonymous source, school, police department, etc expressing concern for the welfare of a child in your household and it then sends out a representative to investigate. The purpose of the investigation is to determine whether the child is at... View More

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2 Answers | Asked in Criminal Law for Florida on
Q: If I was served a warrant for an alleged crime out of county aren’t I entitled to a police report or probable cause

I was charged with a fleeing and eluding charge and driving without a license from out of my county. I believe this happened when my vehicle was stolen as I would remember if I ran from police. I was picked up on the warrant and was never given copy of the police report , or given any kind of... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Aug 18, 2020

You are asserting your innocence. The innocent and falsely accused need an attorney more than those who might have some degree of involvement. You start the process by retaining a specialist criminal defense attorney who will document and structure your defense; and also make sure no court dates... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: If there is no court date listed after completing a rehab treatment do I have to go back to court ?
Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2020

I'm not sure what you mean by "listed". I would say as a general proposition if there is no court date reflected on Maryland's judiciary case search, there is no currently scheduled court date. You should be aware that many cases were rescheduled during the Coronavirus Covid19... View More

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