Criminal Defense Legal Questions

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480 legal [2, *]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 - Page 18
Do you have any Criminal Defense questions page 18 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

Getting off drug court

Answered 5 years and a month ago by David Dellus Patton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
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Yes, you should be able to opt for serving your sentence, depending on the County.
Yes, you should be able to opt for serving your sentence, depending on the County.
In order to get an opinion on whether you can beat the case, you will need to speak to an attorney and go into the details of what you said in the police report, and how it compared to reality.
In order to get an opinion on whether you can beat the case, you will need to speak to an attorney and go into the details of what you said in the... Read Answer
You should contact a criminal defense lawyer (preferably one who does a significant number of juvenile cases) immediately!  In the meantime, until you and your son consult with an attorney, he should exercise his "right to remain silent."  Guilt or innocence does not affect one's "right to remain silent."  So, regardless of guilt or innocence, failing to assert one's right to remain silent until after consultation with an attorney is rarely, if ever, desirable.  There undoubtedly will be potential repercussions pertaining to his school status.  The criminal defense attorney (assuming he also does juvenile cases) should be able to guide you through that also.... Read Answer
You should contact a criminal defense lawyer (preferably one who does a significant number of juvenile cases) immediately!  In the meantime,... Read Answer

Iโ€™m trying to get a price range for poss.of firearm by felons

Answered 5 years and a month ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
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Each attorney sets his/her fee. There are many factors for the atttorney to consider in setting a fee.   STOP MAKING PUBLIC STATEMENTS AND TO EVERYONE YOU MEET AND TALK TO. THEY ARE NOT PRIVILEGED
Each attorney sets his/her fee. There are many factors for the atttorney to consider in setting a fee.   STOP MAKING PUBLIC STATEMENTS AND TO... Read Answer
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I would not refer to it as CATCHING a case in front of the judge.   Are yousure it is parole as opposed to probation   You can receive the entir sentence for any violation
I would not refer to it as CATCHING a case in front of the judge.   Are yousure it is parole as opposed to probation   You can receive... Read Answer

How can I be charged with larceny after had only been giving a trespass warning by fwc for taking ricks from aucilla wildlife area

Answered 5 years and a month ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
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Nothing prohibits an additional charge be added.   Example: they trespass you and later they find a dead body and they have evidence you did ut. They can charge you
Nothing prohibits an additional charge be added.   Example: they trespass you and later they find a dead body and they have evidence you did... Read Answer
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Can they do that? Obviously they did. I do not understand ? Can they prove a crime was committed as a result? You have provided insufficient information.   This site is not designed to provide a deep analysis of any fact pattern or question   You will have to consult with a lawyer indiviudally... Read Answer
Can they do that? Obviously they did. I do not understand ? Can they prove a crime was committed as a result? You have provided insufficient... Read Answer

As power of attorney can I request a copy of my fiances discovery for the purpose of finding a lawyer? Its a criminal case in florida

Answered 5 years and 2 months ago by Mr. Jonathan Burton Blecher (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
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Many county clerk's offices have considerable information online that accesible to the general public. You need a power of attorney for that. Go to the clerk's website and look up your fiance's name in a record search. Im sure a lawyer who is interested in taking on the case might do a little leg work and get the infor themselves. Good Luck.... Read Answer
Many county clerk's offices have considerable information online that accesible to the general public. You need a power of attorney for that. Go to... Read Answer

Can they just arrest him for asking for a lawyer?

Answered 5 years and 2 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
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Yes. You do not know all the facts involved. He should retain a lawyer
Yes. You do not know all the facts involved. He should retain a lawyer
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Yes the police can record and they do not have to tell you.   Do you have an attorney..I am certain you asked and you do not like the answer
Yes the police can record and they do not have to tell you.   Do you have an attorney..I am certain you asked and you do not like the answer

What is the new mandatory minimum law state

Answered 5 years and 2 months ago by attorney Erin L. T. Ranney   |   1 Answer   |  Legal Topics: Criminal Defense
Regrettably that law ended up not passing to eliminate all mandatory minimums.
Regrettably that law ended up not passing to eliminate all mandatory minimums.

What is the flat fee for a fleeing and evading case with a 25,000 dollar bond and three other offenses with a $500 bond each?

Answered 5 years and 2 months ago by Mr. Jonathan Burton Blecher (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
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The time to retain an attorney is now. Felony charges of fleeing or attempting to elude a police officer from the scene of a crash, driving on an HTO + leaaving the scene of a crash are as about as serious as it gets in the world of criminal traffic cases- short of DUI manslaughter. We can't and shouldn't estimate legal fees in these forums for ethical reasons, but expect to pay quite a large sum for his defense. If he qualifies, the Public Defender is an option. The bond should be posted by a third party so as not to attribute the money to your BF in a financial inquiry, if you wanty to go that route. Good Luck. https://www.duilawdefense.com/videos/criminal-law/how-much-does-a-bail-bond-cost-how-is-the-amount/... Read Answer
The time to retain an attorney is now. Felony charges of fleeing or attempting to elude a police officer from the scene of a crash, driving on an HTO... Read Answer

If talk about an expunged charge does a person waive it?

Answered 5 years and 2 months ago by Mr. Jonathan Burton Blecher (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
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If your record has been expunged, you can lawfully deny or fail to acknowledge the record, with some limited exceptions. You also cannot be subject to perjury for denying it and it's exempt under the Florida Public Records Law. I don't know how it would be relevant in an insurance case, but your attorney should be aware of this statute. If you choose to discuss it, the record is still expunged, however questions that flow from your admission of the case might be allowed. 943.059 (6)(b). The person who is the subject of a criminal history record that is expunged under this section or under other provisions of law, including former ss. 893.14, 901.33, and 943.058, may lawfully deny or fail to acknowledge the arrests covered by the expunged record, with some exceptions. (see statute text) (c) Subject to the exceptions in paragraph (b), a person who has been granted an expunction under this section, former s. 893.14, former s. 901.33, or former s. 943.058 may not be held under any provision of law of this state to commit perjury or to be otherwise liable for giving a false statement by reason of such person’s failure to recite or acknowledge an expunged criminal history record. (d) Information relating to the existence of an expunged criminal history record which is provided in accordance with paragraph (a) is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution... Read Answer
If your record has been expunged, you can lawfully deny or fail to acknowledge the record, with some limited exceptions. You also cannot be subject... Read Answer

License Suspended In FL, Living in CA

Answered 5 years and 2 months ago by Mr. Jonathan Burton Blecher (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
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Unless you clear Florida's suspension, you'll never get a CA license. It's a terrible law, but DMV has you by the short hairs.
Unless you clear Florida's suspension, you'll never get a CA license. It's a terrible law, but DMV has you by the short hairs.

What will happen now and how is this possible

Answered 5 years and 2 months ago by Mr. Jonathan Burton Blecher (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
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First of all, that's a really dumb idea you had usinig apple juice and water. Did you really think that was going to work? When the lab comes back with "adulterated sample" you'll get violated just for that, whether or not there's really amphetamines in the sample. Hire a lawyer, because I see a VOP warrant in your future.... Read Answer
First of all, that's a really dumb idea you had usinig apple juice and water. Did you really think that was going to work? When the lab comes back... Read Answer

My friend accused of "self plagiarism" at large public university. Teacher said they could reference old assignments for this paper.

Answered 5 years and 2 months ago by Mr. Jonathan Burton Blecher (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
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It's not criminal law, that's certain. Public universities must comply with disciplinary regulations and must afford due process, so I would engage an attorney who speciailizes in college disciplinary matters. It's not appropriate for me to recommend a specific attorney, but there are those who do that type of work.... Read Answer
It's not criminal law, that's certain. Public universities must comply with disciplinary regulations and must afford due process, so I would engage... Read Answer

Marijuana accusations

Answered 5 years and 2 months ago by Mr. Jonathan Burton Blecher (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
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Unless the police catch you in possession of cannabis, they can't make an arrest of you or your boyfriend for possession. This is a family matter really and its not unusual for parent to challenge choices their kids make. I'm assuming that you are over 18, but still living at home. You'll need to work this out with your folks.... Read Answer
Unless the police catch you in possession of cannabis, they can't make an arrest of you or your boyfriend for possession. This is a family matter... Read Answer

784.03โ€ƒBattery; felony battery.

Answered 5 years and 2 months ago by Mr. Jonathan Burton Blecher (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
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Would you drive a car with a blindfold on? Hire an attorney.
Would you drive a car with a blindfold on? Hire an attorney.
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An arrest will be made, if and when the police decide there is case. It is up to the indivodual detective to decide whther to contact you
An arrest will be made, if and when the police decide there is case. It is up to the indivodual detective to decide whther to contact you
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There is almost no way of answering that question without a much more thorough consultation.  Realistically, even with a more thorough consultation most attorney's would want to see some discovery before they advise you.  In the Commonwealth you don't have to prove your innocence.  Your story seems very thin.  That being said who's to say they can truly tie the actual action to you.  Paper cases can have nuance to them which makes them difficult.  Rather than searching for answers on the internet you need to sit down with an attorney and spend some actual time with them.  In excess of 100k theft you could be looking at substantial jail time.     ... Read Answer
There is almost no way of answering that question without a much more thorough consultation.  Realistically, even with a more thorough... Read Answer
When you wrote "did not have my CPL", does that mean that you have a license but did not have it with you, or does it mean that you do not possess a valid CPL? Huge difference. If you do not have a CPL you may be charged with carrying a conceraled weapon, which is a 5-year felony offense. If you hold a valid CPL but did not have it with you on that day, it is not nearly as big of a problem. The officer may not have arrested you since you were with your family on a trip. However, the prosecutor's office can seek a warrant for your arrest, depending on your CPL status.... Read Answer
When you wrote "did not have my CPL", does that mean that you have a license but did not have it with you, or does it mean that you do not possess a... Read Answer

If a warrant has been issued on me for theft will the police actively pursue it?

Answered 5 years and 2 months ago by David B. Harrison (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
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It really depends on the jurisidiction the warrant is from and the facts of the underlying case. Often the police do not actively seek out people with warrants but instead wait until they are contacted by police for some otehr reason, then the warrant is located and the person arrested.  However, it can be an advantage knowing the warrant is outstanding, especially if you know what bond amount ($$) was set on the warrant, as then you can turn yourself in, at a time convenient for you, and be prepared to post the bond.  ... Read Answer
It really depends on the jurisidiction the warrant is from and the facts of the underlying case. Often the police do not actively seek out people... Read Answer

I was arrested 3 years ago and government dismissed case. Bail bond website is using my photo without permission.

Answered 5 years and 2 months ago by Mr. Jonathan Burton Blecher (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
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Mugshots can be embarrassing and humiliating, sometimes even costing you a job, because it implies that you are associated with some sort of criminal beghavior, even if you didn’t commit the crime, the State dropped the charges or were eventually found not guilty at trial. The first thing to do is to get the record sealed or expunged, meaning it's no longer "in the public domain" and therefore not newsworthy. Getting the mugshot companies to remove the image is a challenge even with a law on the books allowing you to sue them if it's not removed. The problem is serving them with a lawsuite, since most mughshot companies are based off-shore. An attorney can assist you with some parts and coordinate efforts with mugshot removal/reputation management caompanies.  ... Read Answer
Mugshots can be embarrassing and humiliating, sometimes even costing you a job, because it implies that you are associated with some sort of criminal... Read Answer
There are a number of factors that will determine whether you are convicted and serve jail time for this offense. Your age, prior criminal history, the facts of your particular case are all considered. You should take the time to speak with an experienced criminal defense attorney before your next Court appearance.... Read Answer
There are a number of factors that will determine whether you are convicted and serve jail time for this offense. Your age, prior criminal history,... Read Answer

How long will I have to serve on a 5 year flat running concurrently with 3 years?

Answered 5 years and 2 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
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I beleive we may have previously responded to this question. The proper answer would require a review of the Adult Presentence Report which sets forth the circumstances behind the charges and the gulity plea and the role of the family of the victim. We work closely with clients in similar situations from the biginning of their incarceration to have a 'plan of action' which supports the earliest possible release. We work with the Parole Board staff on a daily basis for their guidance. This has made the approach successful. Please call immediately to discuss. Ed Dimon, Esq. 732-797-1600 ext 235... Read Answer
I beleive we may have previously responded to this question. The proper answer would require a review of the Adult Presentence Report which sets... Read Answer