Criminal Defense Legal Questions

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480 legal questions have been posted about criminal law by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include theft, weapons charges, and death penalty. All topics and other states can be accessed in the dropdowns below.
Criminal Defense Questions & Legal Answers
Do you have any Criminal Defense questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 480 previously answered Criminal Defense questions.

Recent Legal Answers

The purpose of an autopsy is to determine the cause of death. In the case of murder, the cause of death is known. However, it is appropriate to present the autopsy findings to the grand jury, and the county attorney or Commonwealth Attorney can petition a court to order an autopsy pursuant to KRS § 72.445. The court will grant such a petition if there are reasonable grounds to believe that a person died as a result of a criminal act, so that is generally regarded as the appropriate office to contact to do so. ... Read More
The purpose of an autopsy is to determine the cause of death. In the case of murder, the cause of death is known. However, it is appropriate to... Read More

Public defender wonโ€™t help

Answered 21 days ago by attorney T.L. Kearney IV   |   1 Answer   |  Legal Topics: Criminal Defense
You're dealing with a felony firearms case, why are you going to the public defenders office? You need to treat this with the seriousness that it is. I highly recommend contacting a local attorney to represent your interests and stop fiddling around.
You're dealing with a felony firearms case, why are you going to the public defenders office? You need to treat this with the seriousness that it is.... Read More
Give you office a call. We can help you in this situation - Kearney Law - 717-668-8159
Give you office a call. We can help you in this situation - Kearney Law - 717-668-8159

Dwi

Answered a month ago by attorney T.L. Kearney IV   |   1 Answer   |  Legal Topics: Criminal Defense
I would really suggest getting a lawyer to represent you privately. Had you had a private lawyer this very documentation would have likely already been procured and provided. I know that we have our clients do these things very early in their cases and provide it before the plea even occurs so there are never any licensing holdups. You've got quite a hole to dig out of here and it would make sense to get a lawyer on the job to work for you!... Read More
I would really suggest getting a lawyer to represent you privately. Had you had a private lawyer this very documentation would have likely already... Read More
You should hire an attorney to address this ahead of time with the police. The PD's Office will not get invovled pre-charge usually. If it is important to you to do it right, fidn a way and get good counsel on it.
You should hire an attorney to address this ahead of time with the police. The PD's Office will not get invovled pre-charge usually. If it is... Read More

I have a warrant for fellure to appear on a misdemeanor charge.

Answered a month ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Criminal Defense
It is always a big deal when you are stopped in California with a sack of meth, even if you are released because as you see now, they find ways of catching up with you.  You should hire experienced criminal defense counsel as soon as possible to help you deal with this warrant.
It is always a big deal when you are stopped in California with a sack of meth, even if you are released because as you see now, they find ways of... Read More

Do I have to open door to police?

Answered a month ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Criminal Defense
No, you do not.  However, she could then claim you were falsely imprisoning her with some encouragement from the police.  I would advise you seek counsel to avoid negative consequences.
No, you do not.  However, she could then claim you were falsely imprisoning her with some encouragement from the police.  I would advise... Read More
The best way to do this is to hire experienced criminal defense counsel you trust.  If you are unable then you can contact the Public Defender, if one was already appointed for you in that case.  Otherwise, you will have to deal with your probation officer.
The best way to do this is to hire experienced criminal defense counsel you trust.  If you are unable then you can contact the Public Defender,... Read More

What charge do you get for cashing a check in jail

Answered 2 months ago by attorney T.L. Kearney IV   |   1 Answer   |  Legal Topics: Criminal Defense
The way that you described this, it doesn't seem like he did anything illegal. Is he not allowed to deposit a check into his own bank account when he's on work release? Was some of that money supposed to go to the work release program?
The way that you described this, it doesn't seem like he did anything illegal. Is he not allowed to deposit a check into his own bank account when... Read More
Yes, there is a possibility of that happening.  When hiring a good criminal defense attorney then he or she should be advocating for you so that does not happen which is not a guarantee.  However, you want to at least feel you have a better chance of no incarceration time when hiring private counsel.... Read More
Yes, there is a possibility of that happening.  When hiring a good criminal defense attorney then he or she should be advocating for you so that... Read More

What do I do help please

Answered 2 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Criminal Defense
I am sorry this happened to you.  Often times, the pubkic defender offices are very overworked and are unable to adequately represent all of their clients.  It is an unfortunate fact these days.  You might want to consider hiring a good, experienced criminal defense lawyer who should be able to give your case the attention it deserves.... Read More
I am sorry this happened to you.  Often times, the pubkic defender offices are very overworked and are unable to adequately represent all of... Read More
For such a serious matter, you should consider hiring experienced criminal defense counsel.  Being convicted of any sec crime can have long-term, if not lifetime, consequences.
For such a serious matter, you should consider hiring experienced criminal defense counsel.  Being convicted of any sec crime can have... Read More

I need to sue

Answered 3 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Criminal Defense
I am sorry this happened to you.  However, what is your question?
I am sorry this happened to you.  However, what is your question?
It depends what happened.  To be fair, it is possible that the version of facts you have might not be what actually happened.  Regardless, a good criminal defense attorney experienced in juvenile defense should nbe consulted as soon as possible.  You son does have rights.
It depends what happened.  To be fair, it is possible that the version of facts you have might not be what actually happened.  Regardless,... Read More

is it a such thing as misdemeanor starting a fire

Answered 3 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Criminal Defense
I do not understand the purpose of your question.  Arson is defined by Penal Code section as a felony, but there can be exceptions that could make another such burning a misdemeanor.
I do not understand the purpose of your question.  Arson is defined by Penal Code section as a felony, but there can be exceptions that could... Read More
I am sorry you have been going through that, but in my experience such a claim cannot excuse your not appearing in court.  As to your proposal for payment, I think that is something you can address in a confidential setting.
I am sorry you have been going through that, but in my experience such a claim cannot excuse your not appearing in court.  As to your proposal... Read More

Wrongfuly put in jail for a something I didn't do

Answered 3 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Criminal Defense
You should share this evidence with the lawyer representing you in court.
You should share this evidence with the lawyer representing you in court.

Can I revoke my page from guilty to not guilty

Answered 3 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Criminal Defense
It depends how long ago it was and if your plea was knowing, voluntary and intelligent.
It depends how long ago it was and if your plea was knowing, voluntary and intelligent.
Based upon what you've indicated here, I think it's extremely likely you will be charged with possession of that cocaine. My guess is of the police indicated whether or not you would be charged.I would definitely recommend hiring attorney to be proactive and represent you in that matter hearing in the York area. The are some things that you can do proactively to get ahead of this that you really should be doing. T.L. Kearney, IV (717-668-8159 x1)... Read More
Based upon what you've indicated here, I think it's extremely likely you will be charged with possession of that cocaine. My guess is of the police... Read More
It is significant and to get a more precise number you should hire experienced defense counsel as soon as possible because this is a serious criminal felony case that can have some long term if not lifelong consequences.  
It is significant and to get a more precise number you should hire experienced defense counsel as soon as possible because this is a serious criminal... Read More
The short answer is you can't without hiring experienced counsel to represent you.  Of course, if you represent yourself, there is a chance you can do it, but it also comes with the risk that you may make it worse or not help yourself in the way you would prefer.  Experienced counsel in restraining order cases should be able to advise you.  As to "clearing your name", I am unclear what you mean by that.  ... Read More
The short answer is you can't without hiring experienced counsel to represent you.  Of course, if you represent yourself, there is a chance you... Read More
The investigating officer will be following an outline and/or a script.  So, he or she can advise you how it will go.  Unfortunately, even an experienced criminal defense lawyer cannot tell you what to expect at this point.  If you need more information then of course you should consider consulting with you for guidance.... Read More
The investigating officer will be following an outline and/or a script.  So, he or she can advise you how it will go.  Unfortunately, even... Read More
Yes, you should hire a lawyer first to try and get the warrant recalled.  Some courts will require you to show up with your lawyer, but a first step is to hire a good one you trust.  It sounds like that may not be an option because you are homeless?  Hope this works out for you.... Read More
Yes, you should hire a lawyer first to try and get the warrant recalled.  Some courts will require you to show up with your lawyer, but a first... Read More

Will my husband be taken into custody?

Answered 3 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Criminal Defense
To answer your direct quettion: Whether your husband will be taken into custody is speculative.  However, he should hire defense counsel in order to try and avoid his being arrested at a time that is inconvenient for him.  An experienced criminal defense lawyer can guide him on his options to address his concerns in this matter.    Cases of exchanges becoming criminal cases are on the rise.  Therefore, your concern is a justified one.  No, you do not want to go to the Sheriff without hiring a good criminal defense lawyer first.  If he will be taken into custody then it could be after he meets with the detective or before.  Whether he will be cited and released is speculation.  A good lawyer can clarify this for you. ... Read More
To answer your direct quettion: Whether your husband will be taken into custody is speculative.  However, he should hire defense counsel in... Read More

Not yet

Answered 3 months ago by attorney T.L. Kearney IV   |   1 Answer   |  Legal Topics: Criminal Defense
If you have been charged you are required to report this to Probation under standard probation conditions, and they will ultimately find it anyway. Get ahead of it and you should definitely have represenation from an attorney if you are charged. If you are not charged, and may never be charged, then don't out yourself to your PO. T.L. Kearney, IV (Ph: 717-668-8159   Email: TL@TLKearneyLaw.com) ... Read More
If you have been charged you are required to report this to Probation under standard probation conditions, and they will ultimately find it anyway.... Read More