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COVID-19 Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Utah on
Q: Is it a bad idea to move out of state before a court hearing for a class B misdemeanor for shoplifting under $500?

I've recently been charged with a class B misdemeanor for shoplifting under $500. I don't have a court date yet but I need legal advice. This is my first charge with anything. I was trying to move to Colorado at the end of September and I still want to but I don't know if... View More

Brian Craig
Brian Craig
answered on Aug 8, 2020

Consider contacting a Utah criminal defense lawyer. A person convicted of a Class B misdemeanor can face up to six months in jail. Usually, a criminal defendant for a class B misdemeanor needs to make an initial court appearance within 14 days, even it is by video. If the defendant fails to appear,... View More

2 Answers | Asked in Criminal Law for Florida on
Q: my question is regarding right to a speedy trial. I haven't as much as been to a pre-trial. arrest in Dec.

arrested in dec.2019 and haven't been to a first court appearance and i feel 6 months is plenty of time

Henry George Ferro
Henry George Ferro
answered on Aug 7, 2020

As you may have heard, the nation and its judicial system has been struck by a pandemic that seems to be paralyzing the judicial system. There have been no jury trials for some time and until the justices of the supreme court of Florida or the Supreme Court of the United States says... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Washington on
Q: My boyfriend got arrested for dv I’m wondering if it would be extremely beneficial to hire a lawyer or not?

Someone called the police on us and when they arrived @ his apartment I was packing my things to leave and didn’t want to speak to them at all but they kept pressing me for info and had kinda made up their minds up about what happened before they got there. We now have the mandatory protection... View More

Patrick Owen Earl
Patrick Owen Earl
answered on Aug 4, 2020

It is absolutely crucial that he is represented by an experienced criminal defense attorney and that same attorney can advise you if you want. However, there are issues that you should consider separately and I believe that you should have a consultation with an attorney on your own so that you... View More

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3 Answers | Asked in Criminal Law, DUI / DWI and Domestic Violence for Minnesota on
Q: If you where ror and your conditions of release was 2 years probation. you miss your sentencing court what will happen

What will happen when you missed your sentencing court date and have failure to appear warrants but you where originally ror with conditions of release being 2 years probation. What will happen when you turn yourself in on the warrants and to what your conditions of release change for having the... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 3, 2020

You don't provide nearly enough information to intelligently answer what you might be facing when you are sentenced. There is no information here about what the charge was or what your criminal history is relative to your potential sentence. Courts have certainly been processing in custody... View More

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2 Answers | Asked in Criminal Law, DUI / DWI and Domestic Violence for Minnesota on
Q: What would be the out come when my boyfriend goes and turns his self in for 3 warrants that are for failure to appear

They are for a DUI and a domestic and for violating a danco. He had missed his sentencing court date on 1/29/20 and the domestic and the violation would have been dropped that day as I had to talk to people because the judge was the one who was pressing the charges for the domestic as I did not... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 3, 2020

It's been six months since he missed court. The likelihood that the warrants would be dismissed under the circumstances without him at least having to turn himself in is non-existent. He would need to be held for an appearance before a judge so that conditions of release could be set. He... View More

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: If a person has a f.t.a warrant in Oklahoma can they make a plea and pay fines without going to court,due to a death?

I need help with my warrant, I never been in trouble in Oklahoma only traffic tickets now this felony warrant haskell county Oklahoma I couldn't make court date my father passed away I called and changed court date but my mind wasn't focused my dad just passed june 14th 2020 my new court... View More

Tracy Tiernan
Tracy Tiernan
answered on Jul 30, 2020

You need to retain a criminal defense attorney immediately. Even if not considered a valid excuse for missing court, the loss of your father is certainly an “extenuating circumstance” that an attorney could possibly persuade the Court (Judge) to excuse and withdraw the warrant without you... View More

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1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: Is it typically positive for a defendant if the court lowers their bail without them asking?

Is it typically positive (in terms of a defendant's case) for a defendant if the court lowers their bail without them asking? For example, if a bail on a charge of misdemeanor theft enhanced to a SJF or another SJF crime goes from $3,000 to $750, notwithstanding covid-19.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jul 28, 2020

It is typically better to be OUT of jail than in jail so making it easier to get out is generally positive. A person is less likely to accept a bad plea deal when they are out of jail.

However, if they are trying to push people out faster because the jail is full of COVID well that's...
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1 Answer | Asked in Criminal Law and Collections for Tennessee on
Q: 39-13-101(a)(3)i work @ a rent to own company i placed my foot in a customers door. My intention maintain contact. good?

after 30 mins of waiting on his porch after contact was broke i knocked on the door. he answered, we said a few things, not argumentative, just discussing his options return or pay. i propped my foot in the door to prevent him from closing the door and ending contact. my intentions for doing that... View More

Anthony M. Avery
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answered on Jul 27, 2020

Hire a competent attorney to represent you on the Assault Charge. You will need to prepare for a Preliminary Hearing. Unless there are other facts than what you have set out, I would not agree to Diversion but try it if it is not dismissed after the Prelim. Do not have any contact/communication... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Why is Kansas not extraditing

We were pulled over in Oklahoma and my nephew had a felony warrant in Wichita KS but they didn’t want to extradite

David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2020

Several reasons could exist. Generally, when it is a felony warrant and the state is a border state, the state with the warrant will extradite. That said, it could be that because of COVID, a limited budget to transport inmates from other states, or a limited jail space in the county from which... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: If I violated Probation and am upsconded would now be a good time to turn myself in?

I upsconded about a yr ago and have a felony warrant. No dangerous non repetitive. With the COVID-19 They don't seem to be keeping people in jail. So would this be an idea time to surender?

Stewart Salwin
Stewart Salwin
answered on Jul 21, 2020

Now would probably be a better time than any other that I can think of. The court system is trying to keep people out of jail at the moment, and therefore they may be more likely to reinstate you on probation than to revoke it. Of course, that is assuming all other things being equal. More... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Due to the COVID-19 can felon request for Judicial review when their 60 months was up in February 2020?
David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 17, 2020

Unfortunately no. There was an order from the Oklahoma Supreme Court extending all deadlines that occurred between the middle of March to the middle of May, as a result of COVID-19. Because you indicate that your deadline was in February, I do not believe there is anything that would extend that... View More

2 Answers | Asked in Criminal Law for Florida on
Q: Why do I have a change of plea hearing for a misdemeanor case? I didn't ask for it.

I've told my lawyer I'm not accepting any plea deals. Did my lawyer make a mistake or is this part of the normal process?

My lawyer told me it's normal and that it's just a hearing where they offer you a plea deal.

John Stephen Hager
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answered on Jul 14, 2020

Typically a change of plea hearing is set when you come to an agreement with the prosecutor to resolve your case. If you do not want to resolve your case via a plea, then the matter will be set for a later status date then trial. During the Pandemic, a lot of prosecutors are setting on a change... View More

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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: My son was in a bad place and shopped lifted to support his kids, was it right no?

But he got caught pleaded guilty I was given a court date but then covid-19 happened. In the meantime they must have ran his picture through other videos and found him three more times in another Walmart. Warrants were served to my mother's house which she never received what's somebody... View More

Ryan L Hyde
Ryan L Hyde
answered on Jul 14, 2020

Regrettfully, there is no way to answer your question of whether or not he is going to jail. The reason most people recommend talking to a lawyer is because there are several factors that go into setting bail. The severity and number of charges is one. Prior history is another. Family support... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Iowa on
Q: how long after my promise to appear is my tral?

my charges are all drug related misdemeanors and i have no record.

Benjamin Kohn
Benjamin Kohn
answered on Jul 11, 2020

Although you have a right to a speedy trial (though even what that's been held to constitute is going to be different due to Covid, as is when a trial can be scheduled), which in ordinary times without a pandemic would require extremely good cause to be longer than a set number of days... View More

3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Can my daughter be held in Nobels county jail for 11 months without a trial because of the virus

My daughter was arrested for transporting meth from SD in December 2019. Her court date was set for March because of the virus the trial was reset for July 28, my daughter just now received a letter moving her trial until November can they do this she will be in Jail for a year before she is... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 8, 2020

They certainly can if she has not demanded a speedy trial. If she has made such a demand, there is an analysis that gets done about whether her right to a speedy trial is being violated and if so, what the remedy should be. One such remedy might be release from custody. Another such remedy could... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: hello, would you happen to know the chances of someone getting house arrest or

how much time they would get being charged with assault 1 and 2 if there was no adult offenses prior and no weapons involved

Mark Oakley
Mark Oakley
answered on Jul 5, 2020

First offense (no priors) is important, but there are not enough facts to help a lawyer predict a possible sentencing option like that. Straight home detention, where jail of any kind is implicated, is not a typical sentence, although due to the COVID-19 pandemic, that option is more available... View More

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: What can you be charged with if you do not wear mask per the June 18/20 CDPH Guidance on "must wear face coverings"?

The California Department of Public Health issued a GUIDANCE on June 18/20 stating that "People in California must wear face coverings..."

- Is a GUIDANCE the same and an Order or a Law?

- Can police enforce this guidance?

- What can you be charged with if you do not choose to wear a mask?

Maurice Mandel II
Maurice Mandel II
answered on Jun 20, 2020

The new orders issued yesterday and today from the Office of the Governor now create a state-wide mandate for the use of masks in public places. This means if you are over 2 years old (because if you are under 2 you cannot read the Order) you have to wear a face mask, waiting in line to enter a... View More

1 Answer | Asked in Criminal Law, Estate Planning and Family Law for California on
Q: In order to gain access to a private residence, when there are two owners of the residence, who can give the go-ahead?

There is a private residence that is co-owned by two owners. The private residence is being sold and a real estate agent is coming with potential buyers to view the home. I do not want them in the property due to COVID-19, risking contamination, and breach of peace. Owner 1 gives the go-ahead for... View More

Juanita Guillen
Juanita Guillen
answered on Jun 18, 2020

In general if Owner 1 has equal right and control to the property as Owner 2, Owner 1 can allow the real estate agent and potential buyers to view the home. Real estate viewings were allowed to continue in CA even during the pandemic (unless a local ordinance ordered otherwise). Best practices for... View More

1 Answer | Asked in Criminal Law for California on
Q: Due to Covid the probation and courts have been closed. They reopened without my knowledge and I missed my court date.

I called probation and left a message for her the day of my court date (a friend of mine saw I was on the list) I also called my lawyer and the court. My probation officer's voicemail said she was not back till the 18th of June and my lawyer never called me back. I was never scheduled for the... View More

Stanley Dale Radtke
Stanley Dale Radtke
answered on Jun 18, 2020

You need to call the criminal clerk at the county court house and tell them what you just wrote. In most counties, the procedure is to file a single page form asking the court to recall the warrant, the clerk will place your matter on the court's docket. Go to court and when your case is... View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: In Oklahoma how much jail time can you get for not completing 18 hours of community service
Brian Boeheim
Brian Boeheim
answered on Jun 17, 2020

If you pled to a case and part of the agreement was for you to complete community service hours, and you fail to complete them in the time allotted, the State could file an Application to Accelerate (if you are on a deferred) or an Application to Revise (if you are on a suspended). In either case,... View More

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