Criminal Defense Legal Questions

The question should be:   Can you LAWYER (PD and private) discuss plea deals with a witness present during a deposition?   Depending on the circumstances, the PD can discuss it with anyone.   for example, the prosecutor had stated he needs to ascertain the victim's position and the attorney is trying to obtain it... Read Answer

If the car is the subject of a criminal investigation, the Trooper needs to secure a warrant to seize the car or conduct any tests on it...he can't just leave it with you and tell you not to touch it. If it's in public view, he can photograph it, as he would in any traffic case. I suggest you get an attorney to intervene and put the tropper on the correct path and procedure.... Read Answer

You would be eligible fpr parole after serving approximately one-third of the sentence, with credit for 'good behavior'. We work closely with clients and the Parole Board at the beginning of the sentence to inusre that the proper actions are taken by the client/inmate to be successful in their request for parole. Please call immediately to discuss. Ed Dimon, Esq. 732-797-1600 ext 235... Read Answer

If a violation of probation was filed before your probation period expired, then the probation period is tolled.  Your best bet is to go and make sure you get your privilege to drive back before the court date and explain the situation and hope that the judge and/or DA dismisses the violation.... Read Answer

The key is the reason for the warrants. What is the basis for the warrants ? We have done a client who had 10 warrants in 10 different locations. We were honest with all 10 places and had immediate success in 8 places. The last 2 places were difficult. This can be expensive if municipal court is difficult. Please call to discuss. Ed Dimon, Esq. 732-797-1600 ext 235... Read Answer

Your boyfriend does not have to accept the plea (whatever it is) and elect to go to trial. He can fire his lawyer and hire a new one, with the court's permission. He will pay legal fees to the new lawyer who will investigate the case. Entrapment requires that a person admit to comitting the offense, but had no pre-disposition to do it BUT FOR the repeated requests and insistence of law enforcement undercover agents. Very very tough cases to win. Good Luck.... Read Answer

You're not going to like this answer.  But, the answer is maybe.   There are a lot of factors that are in play with constitutional issues.  For instance, there may be a previous case that deals with this issue.  And that case could have come down in your favor or against you.  Also, your brother's attorney will need to know a lot more details about his case.   Your brother will want to find some one with experience arguing difficult cases at the highest levels.  Good luck.... Read Answer

Your son is not a felon.  His prior felony was reduced to a Misdemeanor.  He should always report that he is not a felon.     Your son should inquire about an expungement if 5 years have passed.    When potential employers run a background check, will it show the felony plea or will it show the misdemeanor?   when non lawyers read a background report or court docket they will think it is a felony but upon more discerned reading it will state that it has been reduced to a Misdemeanor.  Always a problem with lay people reading background reports and jumping to conclusions.  You have to explain this sometimes.  Or get it expunged so most people will not see it.... Read Answer

In Florida state courts, child pornography crimes are considered 3rd degree felonies. The statute of limitations for such felonies is 3 years. This means that prosecution must begin within 3 years after the felony is committed. For many non-capital offenses, the federal statute of limitations is five years from the date when the crime was committed. Some states have shorter statutes of limitations. In this situation, a person who is not charged under state law because the statute of limitations has expired can still be charged under a federal charge with a longer statute of limitations.... Read Answer

Are you suggesting that law enforcement forged a warrant?  If it that was the case, of course the fruits of the search would be illegal.  The warrant must be supported by allegations in the form of an affidavit that supports a finding of probable cause.  You have to be ever vigilent but cops executing a bogus warrant would be so clearly illegal that it is hard to believe that they would be that reckless.  You should contact a criminal defense attorney to discuss the case with him or her.  They will want to know what was seized if anything and to verify that the warrant stated with specificity the places to be searched and the things to be seized.  You are also entilteld to receive the aforementioned affidavit as part of the discovery in your case.  An experienced crimnal defense attorney will know what to do.... Read Answer

If you are convicted of a new crime while you are on felony probation, the State could file a motion to revoke your probation.  And, the judge can bypass the intermediate sanctions based on the new law violation to send you straight to prison.  Even if your PO said she will not violate you, you are still in a precarious situation.  You need an attorney to make sure you get through this.... Read Answer

Ten months ago we were in the pre-stages of the pandemic, so many things were overlooked, as stores were dealing with a lot of issues. After this amount of time, I would venture to say that Home Depot isn't going to look at old video of self check-outs, looking for petty theives. If your boyfriend is feeling guilty for stealing from Home Depot, he can always go to the store an offer to pay for it. If he's just bragging to you about stealing from Home Depot and has no interest in clearing his conscience, then he can ignore it and move on with his life knowing that he's a thief.... Read Answer

While my colleaugue Ms. Buerger is correct in the most literal interpretation of a no contact order, there might be a way to have it modified, particularly if contact is necessary to confer with counsel and co-counsel in the preparation of your defense. Judges don't issue no contact orders without cause, so there's more information about the case which ytou haven't shared here, no should you. Consult your attorney to discuss your options, but until the judge's order is modified, follow the guidelines Ms. Buerger wrote.Good Luck.... Read Answer

If Walmart was going to prosecute her, it would have happened then and there. If she signed a trespss order from the store, she can't go back there, but short of that I don't think she has concern about a petit theft charge from this incident. I know times are difficult for lots of folks, and theft crimes have been on the increase since Covid, but there are resources available other than switching price tags on groceries.... Read Answer

Possible both you and the seller. Though CBD sales are legal in Florida (you can get them at CVS and GNC), and while you may have a defense to the charge, that you relied upon the lab report of the manufacturer, you can be held responsible for possession and sale of a controlled substance. DEA could go after Oregon seller for a number of violations of federal law. Lawyer up right away if you haven't already.... Read Answer