Criminal Defense Legal Questions

Honestly your question is a bit difficult to answer without having additional details - I certainly would recommend speaking with a Criminal Defense Attorney to discuss the specific facts of your situation. However, generally speaking if there is an arrest warrant out for you and you are aware of it, then the benefit of "turning yourself in" is that you are able to select when/where you will surrender yourself to police. This ensures that you are able to do so in as comfortable a way as possible, rather than finding yourself getting pulled over and that warrant coming up during a routine traffic stop. It also helps your attorney in making the argument during any potential bail request that you voluntarily surrendered yourself and will therefore continue to appear in court to fight your case. Furthermore, it will help your attorney when attempting to negotiate with the District Attorney's Office. HOWEVER - and this is very important - regardless of whether you have an arrest warrant out for you I would make sure that you speak with a Criminal Defense Attorney before contacting any agents of law enforcement - anything you say to the police can be used against you and you may find yourself admitting to criminal conduct and essentially giving the police and the District Attorney the tools to commence a case against you. While you mention you believe you can be charged with GL3, I would point out that you may be better off speaking with an attorney who can advise as to whether or not your conduct was criminal at all. Furthermore, your attorney would also be able to discuss with you whether or not the police might even have probable cause to arrest you. I hope this information is helpful. ... Read Answer

So long as the judge imposes a legal sentence - i.e. one not longer than allowed for the crime the preson is convicted of, it is probably allowed. However, under the circumstances, if your husband can get any documentation that he tried to turn himself in and they refused to take him, the judge is not likely to add time to the sentence.  I suppose one question woudl be when did the jail begin taking people again, and did your husband try to turn himself in after that point?... Read Answer

Yes.  The government, which would be prosecuting you, made no agreement not to.  However, depending on the circumstances (i.e. the amount of money involved, your record, etc.) and the fact that you paid the money back, there's a good chance that teh government won't want to prosecute, or if it does and you are convicted (difficult if your employer keeps his word and doesn't cooperate), may get a minimal sentence.  If your bosskeeps his/her word, the government may never hear about it.... Read Answer

The short, basic, answer is "no."  The United States does not allow what in the past was referred to as "debtor's prison" (i.e., prison time for failure to pay a debt).  However, there are nuances.   For example, if, in addition to a prison sentence, the defendant also was sentenced to prison followed by probation, and if the court ordered, as a condition of probation, that the Defendant pay for services of his attorney (such as the Public Defender or court-appointed attorney), then it is possible that the Defendant could have his probation revoked and sentenced to incarceration if he had the ability to pay and knowingly and intentionally did not.   That could be a knowing and willful violation of probation (and/or also be contempt of court for willfully failing to obey a court order).  But note, under that scenario, he could not be sentenced to jail or prison if he did not have the ability to pay. That, of course, does not keep the defendant from being sued, civilly, if he was represented by a private attorney.  But such a civil law suit would not involve incarceration. So if the Defendant has the ability to pay, he should.  If he does not have the ability to pay, he could try to negotiate with the person to whom he owes the money in order to avoid being sued civilly.  It is also possible that if he does not have the ability to pay, and has no assets that could be levied against, that the lawyer will not file any law suit.  That, however, is impossible to predict.    ... Read Answer

Hiring an attorney will typically help.  However, results can never be guaranteed and lawyers are limited by the facts of the case, pertinent law as well as the judge and prosecutors involved.  Is it "worth" the price you will pay?  Probably.  It likely would have helped more when fighting the original charge.  Violations of probation can be difficult to litigate as law enforcement typically has ample evidence to prove their case. Best of luck.... Read Answer

You need a lawyer. If you don't haave one. What county are you in? If you are inthe Philadelphia area, I can help you. I have over forty years of exp[eroence incriminal cases and I am sue I can help you.  all me tomorrow at 215 421-8034 for a free consultation.   Barnaby Wittels... Read Answer

The key to the answer is the circumstances. Had you already pled guilty ? If you had entered the guilty plea on the record, then 'retracting' the plea is most difficult. Had you also been sentenced ? This would present an additional hurdle. If this is the case, your only opportunity is the have an attorney file for 'post conviction relief'. We can represent you on this motion. Please call asap to discuss. Ed Dimon, Esq. 732-797-1600 ... Read Answer

It often is not possible to find out if there is investigation or warrant, but sometimes it is possible to see a pending warrant in some circumstances, by checking the court's efiling system, but most often if there is not a law enforcement officer who has contacted you and left his/her name & contact information, there may be no way to find out.... Read Answer