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COVID-19 Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Maryland on
Q: My probation requires me to get a bachelor's degree or I do 10 years in prison. Can't afford it, my judge can do that?

I took a plea and faced 1 year max in jail time, but I didn't know she'd impose these harsh terms. I'm 22 years old. She pretended to sentence me the full year but it was actually a month which I learned later. I was told the terms of probation when I got out of jail. The pandemic is... View More

Mark Oakley
Mark Oakley
answered on Jun 12, 2020

I assume you had a lawyer. You should go over your options with your lawyer, or contact another lawyer to discuss the details and what you can do. You list your location as Arlington, VA, but the question is posted for Maryland. Therefore, I will answer this question only based on Maryland law... View More

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3 Answers | Asked in Criminal Law for Texas on
Q: Can my theft case get thrown out since I been waiting to get a arraignment date in court. Been waiting since 1-13-20 .

Hello I was arrested at Walmart with a co-defendant and I have not step foot in a court since my arrested date 1-13-20. I wanted to know is that a civil right violation or a constitution violation since I have not been arraigned or formally charge with anything in front of a judge. Should the... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 9, 2020

The courts have repeatedly ruled that the Sixth Amendment contains no right to a Speedy Indictment. That said, courts have occasionally found a Due Process violation when an indictment was intentionally delayed with the specific purpose of harming the defendant. That would require a really rare... View More

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1 Answer | Asked in Criminal Law for Georgia on
Q: I'm interested in knowing how COVID19 can be used in a habeas corpus motion. For an offender who has completed majority.
David Edward Boyle
David Edward Boyle
answered on Jun 1, 2020

I am assuming you are trying to obtain release of a inmate based upon the recent COVID pandemic. Habeas is not the correct vehicle to use. If the person is in custody and you are seeking an early release then the parole board would be the entity you would contact to show the health risks that the... View More

1 Answer | Asked in Criminal Law for Florida on
Q: I found out I have a warrant but it does not state what the warrant is for, what do I do?
Jeffrey H. Garland
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Jeffrey H. Garland
answered on May 24, 2020

Call a lawyer or a bail bondsman. The bondsman’s business is to help people post bail to get out of jail. You want to make sure what the bail is before you turn yourself in. It will be more difficult to make financial arrangements from jail. If bail is too high, you need to be talking with a... View More

3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Illinois on
Q: Hey so my friend and I agreed to have a friendly boxing spar we have no hate towards each other and can we box at park?

We wanted to box at a local park and can we get in trouble from this and also we are using this for content also but mainly for a friendly boxing spar at the park can we get in trouble?

Cheryl Powell
Cheryl Powell
answered on May 21, 2020

I have never seen anyone ask for legal advice for a friendly spar. No lawyer would advise you to engage this behavior since we all know how things could escalate. Not to mention that is clearly against all covid guidelines. If your question has to do with parks and covid, that is controlled... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Would they have informed me if I violated the deferred prosecution terms when I sent in all of my paperwork?

Worried about my situation. In the "notes" section of my deferred prosecution agreement, it states that I "MUST obtain any evaluation within 2 months of the start of the DPA." I got it exactly a week after, and only a few days ago did I even notice this note. I'm almost... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 20, 2020

You can ask for confirmation of completion but they are often reluctant to do anything other than acknowledging receipt of your documentation. That said, although failing to get the assessment within the first 60 days is technically a violation, I have never seen them re-file on someone who... View More

1 Answer | Asked in Criminal Law and Probate for Texas on
Q: Can my probation officer extend my probation for not being able to do nipv classes due to COViD19? Waco, TX

I’m on Misdemaenor, family assault, deferred probation. All my fines and fees are paid off, I’ve passed every UA, community service done. My probation ends in September, that’ll be my year. I was suppose to start NIPV classes on March 24th but they were canceled due to COVID19. I just got off... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 12, 2020

It wouldn't be the probation officer acting on their own authority, it would be something ordered by the for failing to complete the required terms. That means you could hire an attorney to argue your case but it might be less expensive to find an alternative.

For example, if the...
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1 Answer | Asked in Criminal Law for New York on
Q: Is it possible for a judge to seal your record immediately at the time of the guilty plea? (NYC)

7 Years ago (age 20-22?) I was charged with Felony Grand Larceny. I have done several background checks and I’m unable to find the charge. The situation was very unique and borderline civil! The judge I could tell was unhappy with me being there (she said multiple times “I don’t like this at... View More

Michael Arbeit
Michael Arbeit
answered on May 11, 2020

If you plead guilty to a crime, I doubt it was sealed. When the courts finally re-open after this pandemic, go to the court clerks office and request a Certificate of Disposition. You can possibly have your matter sealed after 10 years after the conviction pursuant to CPL section 160.59

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Maryland on
Q: I need answers!!!

my son is currently at Central Booking we have ask for his panal attorney to put in for a review of his case because he does have asthma and has been receiving treatment at Central Booking for it. Unfortunately since he has had the panal attorney assigned to him the panal attorney is always... View More

Mark Oakley
Mark Oakley
answered on May 9, 2020

It is not clear whether the problem is primarily that the panel attorney does not have the time to devote to your son's case, or is unable to do much given that the courts are all closed and operating to address only emergency issues and therefore cannot do anything at this time for your son... View More

3 Answers | Asked in Criminal Law for Minnesota on
Q: Arrested released moved to florida during virus i was needed at home What happens to case
William Bailey
William Bailey
answered on May 8, 2020

That depends on whether there has been a hearing. Many cases have been put on hold so you may not have missed anything. However, if you have missed a hearing, there is likely a warrant out for your arrest. It would be wise to have an attorney in MN retained to assist you with this to ensure you... View More

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1 Answer | Asked in Criminal Law and DUI / DWI for Oklahoma on
Q: What's this mean? AMENDED ORDER SETTING CONTESTED CRIMINAL HEARINGS.

It was entered on odcr.com regarding my girlfriends felony Dui-d case. Also ORAS was on there.

David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 5, 2020

It appears that an amended order was filed, likely setting or resetting certain hearings (possibly due to COVID-19 and the Oklahoma Supreme Court's administrative orders pertaining to cases currently scheduled through May 15). ORAS often is used in criminal cases to refer to the Ohio Risk... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for Ohio on
Q: I bought a car from a private person paid stated down payment and was given a month to pay final payment and a bill of

Sale stated such. 5 days later previous owner borrowed stated vehicle to go to the store but never brought it back and stated that changed there mind that they would just give the down payment back when they get paid. What do I do to get it back? Or can I? I live in Ohio.

Joseph Jaap
Joseph Jaap
answered on May 5, 2020

If you still want the car, you will have to sue seller for breach of contract. That process will take several months, and OH court activity is currently suspended because of the virus lockdown. Use the Find a Lawyer tab to retain a local litigation attorney to review the situation and advise you.... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: What should I do if I believe that my husbands sixth amendment has been violated ?

My husband was recently incarcerated before the pandemic started in Maryland .. however, he filed for a speedy trial & has yet to have any court hearings since being incarcerated

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2020

There is a constitutional speedy trial right, and a statutory one. In circuit court, the trial must occur within 180 of his initial appearance, unless an administrative judge finds good cause. A global pandemic would most certainly constitute good case. But, "speedy trial" rights have no... View More

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1 Answer | Asked in Criminal Law for Louisiana on
Q: Can the cops release my truck to someone else. The title is in my name and but not registered to me DMV shut down

I haven't got to register the truck because the whole virus thing. Did they have the right to do that

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 27, 2020

The registration could be in the lien holder's name. In other words, you buy the truck from a dealer with a loan to Chevy Motor Credit. The title is NOT in your name; is in the name of the lien holder until you pay off the lien. Your truck is seized, you don't pay the lien, the police... View More

3 Answers | Asked in Criminal Law for Minnesota on
Q: If I pay for a stolen item am I admitting to the crime and can be charged

A lost prevention agent is threatening to charge me with Eating and abetting felony theft if I don’t give him $1700 by Friday how can I be assured that he won’t charge me anyway

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 23, 2020

The civil forfeiture is separate from potential criminal charges. Paying the claim to the loss prevention agent (or the company where the alleged theft occurred) will not protect you against criminal charges. In any event, the company doesn't get to "waive" charges against you.... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I am in an abusive marriage and have a warrant, how can I get around. Going to jail? I cannot leave my home!

My warrant is out of Anoka Co. MN for failure to turn myself in for failing to complete a dwi MADD IMPACT CLASS. My husband made it so I had no way to get to the classes on purpose, I've paid for the classes but was unable to go. I cannot go to jail, he has threatened to sell all my belongings... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 22, 2020

You obviously have a couple of issues going on here.

One, is your warrant. I would suggest getting in touch with the Anoka County Public Defender. You are unemployed so you would obviously qualify for a PD. Explain the issue that you are dealing with and an attorney in the office may be...
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3 Answers | Asked in Criminal Law and Personal Injury for Tennessee on
Q: Can I sue a rehab facility for misplacing or “accidentally disposing” of my mother’s bag containing her necklace?

My mother wore the necklace all the time. During the Coronavirus lockdown of her facility, she put it in the side compartment of a luggage bag, because I wasn’t allowed to visit to pick it up. When I picked up her belongings after she passed, the bag was missing.

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2020

You will need a competent attorney to evaluate your possible Case of Conversion. Evidence that the necklace existed and was stored in a certain place will be necessary. Heresay will not work. The value will have to be shown, which will probably be questioned. Your standing will be important.... View More

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3 Answers | Asked in Criminal Law for Indiana on
Q: I was accepted to work release but w covid-19 they aren't taking people I was told to report to jail what can I ask

The judge for because I'm a single sole provider of two kids and also a essential worker...i was granted an extension but are not allowed any more but that was before covid-19 anything I could ask the judge for during this pandemic

Mike Cunningham
Mike Cunningham
answered on Apr 19, 2020

You should consult with a criminal defense attorney as soon as possible. He/she can go over your options and can possibly file motions on your behalf to make sure that you can complete your sentence in a way that you originally bargained for. Depending on the terms of your plea or sentencing order,... View More

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1 Answer | Asked in Criminal Law for New York on
Q: Is it possible to get my loved one released from prison early due to him having high risk asthma During covid-19?
Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2020

It depends on time left and jurisdiction. In the federal courts there is the first step and compassionate Release. In the state if it’s a misdemeanor many DA’s are not opposing release resentence motions. I think if an inmate has diabetes heart problems or asthma or other respiratory issues... View More

1 Answer | Asked in Criminal Law and Landlord - Tenant for South Carolina on
Q: Can a landlord make you move out in 2 months and I'm disabled getting a SSDI check.

These people let me move in there house which has been empty for a year...The helped me out and only charged me $300 dollars for rent because my SSDI was not much.. I have been staying for about I months now.. I got a phone call telling me I had to move out in 2 months because they wanted to enjoy... View More

Ryan D Templeton
Ryan D Templeton
answered on Apr 7, 2020

It really depends if there is a written lease. If there is a lease setting out a term (length of time) that the lease is valid for they cannot evict you before the end of that lease unless they have some cause to do so. If it is only a verbal lease it is normally presumed that it is a month to... View More

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