Criminal Defense Legal Questions

We all pretty much assume the system can't work at all if people don't come testify, so you can ask your lawyer whether you might have any legit reason to disregard a subpoena (don't hold your breath that you do) but otherwise so long as you're alive I can't think of any reason to legitimately dodge it. Please stay alive regardless of the subpoena!... Read Answer

Assault family violence is a class A misdemeanor. It is punishable by up to 1 yr in county jail, and a fine not to exceed $4,000.  Getting convicted of a family violence offense will have lifelong consequences. A conviction (or even guilty plea and deferred adjudication probation with no conviction) means you lose the right to purchase a firearm with a federal background check, and it is illegal for you to possess a firearm anywhere for 5 yrs following release from jail, pr probation. People that claim they have been assaulted do not "press charges." Thats what the district attorney does. The DA will have the final say on if the state presses charges or dismisses them - wheb someone says "they didn't press charges," it confuses how the system work. If they think they can prove the case, it does not matter if the victim wants them to, they can proceed. The range of punishment is the same, whether he pays the bond or not.  The only difference is waiting in jail until a trial or plea.  ... Read Answer

The county where his probation originated retains jurisdiction, even when probation is "transferred." If the State believes any term or condition of probation has been violated, they can file a motion to revoke probation. A warrant is then issued for the persons arrest that is on probation, and a hearing is set. The Judge has the final say on what to do with an alleged probation violation, and it can be reinstated, extended, have conditions added, or revoked.  If your son was on deferred adjudication probation, he is entitled to a bond. Even if one is not set intitially, his attorney can get one set. Your son has a right to an attorney to represent him in a probation revocation action. He is also entitled to a hearing in front of the Judge, where he can present evidence or testimony in his defense. If he cannot afford an attorney, one will be appointed for him.   ... Read Answer

If convicted of the new offense, he will do time in the new home state first. Once that is completed, he will be transferred back to Nevada to complete his sentence. Parole might be possible again in Nevada, but given the type of offense, multiple revocations of parole that you cite, and a conviction for a felony in another State while on parole, being paroled again in Nevada would be difficult. He would need to find a NEVADA criminal defense attorney to get a complete answer to that question.... Read Answer

If the three charges of Breaking and Entering were merged into a single charge of Breaking and Entering; and, therefore, you were convicted of only one charge, then I believe only one charge of breaking and entering should be scored on Florida's scoresheet.  However, if you were convicted of three charges of breaking and entering, then three charges should be scored (even if all three charges were consolidated for sentencing purposes (i.e., the sentences on all three charges were either concurrent or sentenced at the same time).... Read Answer

If the lawyer is a privately hired lawyer, then find another one, have them substitute as your boyfriends' lawyer. That will get the one lawyer out and a new one in. If it is the public defender, then your boyfriend needs to notify the court that he has a conflict with his lawyer and request an 'alternative defense counsel' lawyer. There probably will be a hearing about why he does not want to continue with the public defender. If he wishes to fire all lawyers and represent himself, then he needs to notify the court of that, and there will be a hearing about whether he really wants to do that and the pitfalls of doing so, but he has a right to represent himself if he wants to. ... Read Answer

Your question is impossible to answer.  However, you indicated you still have fines to pay that, I assume, were a condition of your probation.  Based on that information and your desire to terminate your probation, I assume you have a limited ability to pay the fines. Consequently, when you go to court for your VOP, you may want to consider asking the judge to appoint an attorney from the Public Defender's Office to represent you. There are many very good attorneys who are employed by the Public Defender's Offices in Florida and who have dedicated their careers to representing persons who do not have sufficient funds to retain a private attorney.... Read Answer

You could be charged with the criminal offense of battery (or potentially domestic violence battery) for pouring a drink over her head.  That carries up to a year in jail and/or a year of probation, plus fines/court costs.  There, also, are some other collateral consequences that could have long-time impacts if you are charged and convicted.  If you're lucky, your ex-girlfriend will consider what her daughter did as sufficient to "even the score;" and, therefore, not file any complaint with law enforcement. As for what the daughter did to you, you have the right to file a complaint against her for battery.  But if you do, I would expect your ex-girlfriend would file a battery, or domestic battery, charge against you.  So whether you want to take that risk by filing a complaint against her daughter is up to you.  However, unless far more than your pride was injured, you may have more to lose, than gain, by filing a complaint against your ex-girlfriend's daughter.  ... Read Answer

Texas Penal Code 42.07:   Sec. 42.07. HARASSMENT. (a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person: (1) initiates communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene; (2) threatens, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of the person's family or household, or the person's property; (3) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury; (4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another; (5) makes a telephone call and intentionally fails to hang up or disengage the connection; (6) knowingly permits a telephone under the person's control to be used by another to commit an offense under this section; (7) sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another; or (8) publishes on an Internet website, including a social media platform, repeated electronic communications in a manner reasonably likely to cause emotional distress, abuse, or torment to another person, unless the communications are made in connection with a matter of public concern.... Read Answer

I strongly encouragr you to contact the Colorado Legal Services group, https://www.coloradolegalservices.org/node/32/family-and-children, They can explain your rights and provide advice as to what can be done to protect you from this abusive situation. They offer free legal help. Good luck and take care.... Read Answer

If he is being held just on the warrant - he should see a judge within at least 72 hours.  Is it possible the case he has the warrant for had some 'suspended' jail time - which he is now serving?  A lawyer shoudl be able to help straighten this out, so hire one in the county where his cases are to help out.... Read Answer

In many circumstances, someone is eligible for deferred adjudication probation in TX state court, even with a felony conviction. This would only be possible by plea agreement, or sentencing by the judge before trial.  At trial, with a felony conviction, you cannot receieve a probated sentence.  Every situation is different, and exceptions exist for some offenses (murder, for example). ... Read Answer

Most arrest warrant's will show up in the docket sheets as an inactive case.  This includes bench warrants and arrest warrants.  So the easiest place to begin is https://ujsportal.pacourts.us/.  You can do a name search there and review any cases you might have.  In some cases it makes sense to retain counsel to assist you in researching with the Sherrifs department.  Finally, if you think you have a warrant, chances are you might.  Now might be the time to get an attorney.  Waiting until you are arrested is a good way to spend more time in jail than you need to. ... Read Answer

You can be charged because until it ends up in the landfill it is still the state's property. However, it will likely be a mitigating factor. You should hire and attorney or if you cannot afford one, ask the court to appoint you an attorney right away. Theft charges, even minor ones, can have very serious repercussions on things like employment and housing. ... Read Answer

A person normally cannot be held without bail unless it is a murder case or a few others.  A part of the bond will be that he have NO contacct with you.  You can contact the District Attorney's office in Colorado that is prosecuting him and make your concerns known and ask any questions you have of them. ... Read Answer

The short answer to your question is yes, it could potentially be dismissed based upon those grounds. However, getting to a dismissal can be a difficult road. There are a few different ways that you can get there - 1) Your attorney can negotiate with the district attorney, provide them with this information, provide them with proof that the vehicle belonged to a friend and that you could not have possibly known that the plates were forged. 2) There may be some sort of deficiency in the criminal court complaint that could lead to a dismissal. 3) If all else fails, you may be able to get an acquittal at trial, if the Prosecution is unable to prove beyond a reasonable doubt that you, with the intent to defraud, deceive, or injure another, falsely made, completed, or altered the plates.    With all that being said, your attorney should be in contact with the District Attorney's Office, informing them of this information and negotiating a plea deal on your behalf. It's very unlikely that a case like yours, with your background (no prior arrests and 18 yo) would end up with any type of criminal disposition on a misdemeanor forgery case. However, it may be a situation where the District Attorney isn't willing to outright dismiss the case, but instead would offer you some sort of non-criminal disposition, such as an adjournment in contemplation of dismissal with some community service, or a disorderly conduct violation with a fine. ... Read Answer

First, you will need to get the accident report from the police department that took the report. That gives you the name of the defendant. From there, you will need to check at the county courthouse and the district courthouse where the accident took place to see the disposition of any case against the defendant. I hope this helps, best of luck to you.... Read Answer