Criminal Defense Legal Questions

Unfortunately, if you have a felony conviction you will never pass a background check to purchase a firearm. In TX, after a felony conviction, you may ONLY possess a firearm where you live, and no other location - and you may only legally keep a firearm at your home (under TX law) 5 years after being released from prison or parole. See Texas Penal Code Chapter 46. You still cannot legally purchase a firearm, transport a firearm, hunt, or go to the shooting range - you can ONLY possess the weapon where you live. This becomes confusing because under Federal law, it remains illegal for a felon to possess a firearm, even when TX allows you to possess it in your home. I suggest looking into a cross-bow, not a firearm... Good luck... Read Answer

It is up to the judge if you go to jail. It is unlikely that you'll get sent to jail, but you need to contact an attorney to review the details of your case. They will be able to assist you and get you the best possible outcome. If you cannot afford an attorney the cour will appoint one for you. ... Read Answer

I'm not sure what your question is.  I think its safe to say that what was found in the truck is likely not a direct hazard to your family if the police officer did not immediately call swat, or a bomb squad, or dogs, or any number of other things.  The fact that the tow truck driver jumped back indicates it was likely something uncomfortable or repugnant to him. So we can deduce that its not a bomb, radioactive, money, gold, or drugs. I suppose there is a possibilty that there was human remains or animal remains in the trunk.  I don't think you will find out unless it makes a news blotter.  Feel free to contact our firm if you ever need any further legal assistance.  We handled civil and federal litigation, criminal defense, personal injury and bankruptcy.    Stay safe and healthy and good luck.  203.870.6700... Read Answer

As far as potential jail time, that will depend upon a number of different factors, including what you are actually charged with, what your criminal history is like, as well as any mitigating factors that your attorney might be able to present to the DA's office on your behalf. It's unclear how you stole the $200.00, so that will influence what you are actually charged with as well. For instance, if you simply stole $200.00 out of her desk when she wasn't looking, then you may find that you are charged with Petit Larceny, which is a misdemeanor crime and carries up to a year in jail or three years probation. Alternatively, if you forcibly stole the property from her you may find yourself charged with Robbery, which is a felony and potentially carries significantly more jail time than a misdemeanor - as far as how much jail time, that depends on specific Robbery charge that you are charged with, which will depend on the specific facts of your case (i.e. if you used a weapon in the commission of the crime, caused an injury, etc.)  With all that being said, as far as surrendering yourself to the police department, you should definitely retain an attorney to represent you during any interrogation procedure that may occur with the police, or at a bare minimum speak with an attorney before surrendering yourself so that you understand your rights when dealing with the police department (such as your right to remain silent and refuse to answer questions).  Additionally, as far as your case, your attorney should be able to negotiate with the District Attorney's Office and, again depending on the specific facts and circumstances of your case, may be able to negotiate you a plea agreement which involves no jail time. ... Read Answer

As far as potential jail time, that will depend upon a number of different factors, including what you are actually charged with, what your criminal history is like, as well as any mitigating factors that your attorney might be able to present to the DA's office on your behalf. It's unclear how you stole the $200.00, so that will influence what you are actually charged with as well. For instance, if you simply stole $200.00 out of her desk when she wasn't looking, then you may find that you are charged with Petit Larceny, which is a misdemeanor crime and carries up to a year in jail or three years probation. Alternatively, if you forcibly stole the property from her you may find yourself charged with Robbery, which is a felony and potentially carries significantly more jail time than a misdemeanor - as far as how much jail time, that depends on specific Robbery charge that you are charged with, which will depend on the specific facts of your case (i.e. if you used a weapon in the commission of the crime, caused an injury, etc.)    With all that being said, as far as surrendering yourself to the police department, you should definitely retain an attorney to represent you during any interrogation procedure that may occur with the police, or at a bare minimum speak with an attorney before surrendering yourself so that you understand your rights when dealing with the police department (such as your right to remain silent and refuse to answer questions).    Additionally, as far as your case, your attorney should be able to negotiate with the District Attorney's Office and, again depending on the specific facts and circumstances of your case, may be able to negotiate you a plea agreement which involves no jail time. ... Read Answer

If the charges are still pending you can hire a lawyer to represent you on the charges. Even if the charges are eventually dismissed, you are unlikely to succeed on a lawsuit against someone because you believe you are falsely accused. Charges are dismissed in courts every day; but, defendants don't automatically get a right to sue the police or anyone else because they were accused of the crime. That being said, I am certain you can find an attorney to file a lawsuit for you if you pay a retainer fee up front and ongoing hourly legal fees. But its probably not worth it - just worry about fighting your case. Good luck.... Read Answer

I don’t know if you were represented for the ARD, but if not, I suggest contacting the ADA on the case.    If you wish to reply, the best method is directly.     Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

You have been falsely accused of a crime, and a warrant has been issued for your arrest.  Unfortunately, before you can address being falsely accused, you must successfully defend the charge by obtaining a dismissal before trial, or through trial.  This answer likely seems unfair to you.  You are correct in the moral realm, but not in the legal realm.  Your rights as a defendant can be preserved by the rules of criminal law and your constitutional rights.  The prosecutor and alleged victim of the crime also have the right to have these issues presented to a court. Hire an experienced criminal defense lawyer immediately.   ... Read Answer

It would depend on what the probation requirements of the state where the probation was issued.  Many states are members of interstate compacts, or agreement between states on such subject, that set up unifiorm regualtions for such arrangements.  I would first chekc with the state wee the probation was issued before making such a move and see, under the terms of your partiuclar probation there, that such a move would be allowed first by them.... Read Answer

If there are disciplinary proceedings that have started, including the possible revocation of parole, he has the ability to retain counsel to represent him and fight the accusations.  This often happens in the context of someone on parole who is accused of violating his parole and then is taken into custody where the admnistrative board then reviews matters and decides whether to sustain the violation that most often the parole officer has brought.  I hope this is of a help to you. He should retain a lawyer at this point to prepare for whatever the Illinois Department of Corrections is planning to do to him.    Good luck. ... Read Answer

First, the alleged probable cause necessary for the issuance of a warrant, and the evidence necessary to convict are significantly different.   Unfortunately, because the arrest has occurred an aggressive defense mounted by an experienced criminal defense attorney is key.  Early challenges at the preliminary hearing level of the evidence compared to the elements of this crime charged.   Second, the crime charged in this instance can be brought with "constructive possession" instead of actual physical possession.  The issue at hand is "control" not whether you allegedly held the illicit substance physically in your hand.   Third, the challenges of illegal search and seizure are detail-oriented.  When scouring and reviewing the state's evidence review of dispatch records, radio transmission, body camera footage, etc can be meshed together to have a complete picture of the timing and events to analyze the search and seizure issues.    Hire an experienced attorney immediately. ... Read Answer

I would suggest that you send a written demand for the status of your vehicle to the police.  If there is an ongoing criminal case or an investigation, the car may be evidence.  You should also definitely considering hiring counsel to assist in the recovery your vehicle. Please feel free to contact us at 203.870.6700... Read Answer

A second-time DUI/OUI conviction within ten years after a prior conviction for the same offense is a felony, with fines of up to $4,000, a 45-day driver’s license suspension followed by three years with an ignition interlock device installed in your vehicle, and up to two years in prison with a mandatory minimum of 120 days in prison, 100 hours of community service and treatment if ordered by the Court.  If the arrest was in Connecticut, for suspensions effective on or after 11/9/2005, the suspension is one (1) year followed by 24 months with an approved ignition interlock device Suspension duration imposed for arrests that did not occur in Connecticut is three (3) years If the operator is under 21 years of age, the suspension is three (3) years or until 21 years of age, whichever is longer That being said,  I have helped clients facing this before avoid jail time, but circumstances are unique in these types of cases and they are very difficult.   Please feel free to contact us for further assistance. 203.870.6700... Read Answer

The big picture is her estate and assets past her insurance policies may be at stake.  Thus any admission during this dld hearing could be used against her.   If she wants to defend this matter and keep her license.  She should hire an attorney.   I did one of these hearings in 2021.  Provocriminaldefense.com Jake gunter... Read Answer

It should not count as a conviction on your record. In fact, upon completion of a program you may even be able to have police blotter and other articles referencing it removed. Also, using a program is not neccessarily an admission of guilt.  Please contact us for any further assistance. 203.870.6700... Read Answer

Based on the facts presented, I would speak to the police.  It sounds like the tech has essentially stolen your property. I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer