Criminal Defense Legal Questions

Yes, you should hire a lawyer first to try and get the warrant recalled.  Some courts will require you to show up with your lawyer, but a first step is to hire a good one you trust.  It sounds like that may not be an option because you are homeless?  Hope this works out for you.... Read Answer

To answer your direct quettion: Whether your husband will be taken into custody is speculative.  However, he should hire defense counsel in order to try and avoid his being arrested at a time that is inconvenient for him.  An experienced criminal defense lawyer can guide him on his options to address his concerns in this matter.    Cases of exchanges becoming criminal cases are on the rise.  Therefore, your concern is a justified one.  No, you do not want to go to the Sheriff without hiring a good criminal defense lawyer first.  If he will be taken into custody then it could be after he meets with the detective or before.  Whether he will be cited and released is speculation.  A good lawyer can clarify this for you. ... Read Answer

If you have been charged you are required to report this to Probation under standard probation conditions, and they will ultimately find it anyway. Get ahead of it and you should definitely have represenation from an attorney if you are charged. If you are not charged, and may never be charged, then don't out yourself to your PO. T.L. Kearney, IV (Ph: 717-668-8159   Email: TL@TLKearneyLaw.com) ... Read Answer

Yes — you should absolutely seek legal representation right away. Being accused of stealing credit card information is a serious matter that could lead to criminal charges, even if you are completely innocent. Do not try to explain yourself to your employer, investigators, or law enforcement without an attorney present, as anything you say could be misinterpreted or used against you later. A criminal defense attorney can contact your employer or the police on your behalf, find out whether formal charges have been filed, and help protect your rights during any investigation. If this allegation involves your job in health care, it could also affect your professional license, so an attorney can advise you on that as well. In the meantime, gather any documents, timecards, or communications that may show your innocence or access limits, but don’t share them until you’ve spoken with your lawyer. The most important step right now is to hire a defense lawyer or request a public defender if you can’t afford one.... Read Answer

Sorry, without a lot more detail no one is likely to even know whether they can be of assistance. You might start with the five w's (who, what, when, where, and why). Kentucky is a large state, and it's criminal justice system has a huge number of jurisdictional and procedural elements. Without answers to those "w's" no one can help.... Read Answer

Generally speaking when vehicles are used in the commission of a crime, the police tend to voucher/invoice/keep them for one of two reasons - 1) For arrest evidence or 2) For forfeiture.    When they keep the vehicle for arrest evidence, the District Attorney's Office puts a hold on the vehicle until they are able to investigate it - photograph it, ensure it was operable, etc. In this situation, people are often able to get their vehicles after submitting a demand for the return of property through the District Attorney's Office. With that being said, it can take some time waiting for the ADA to complete their investigation.    In the second scenario, the police attempt to forfeit the vehicle as the instrumentality of a crime. Basically what this means, is they attempt to keep the vehicle so they can they auction it off. This can often be fought and/or negotiated so the vehicle can be returned to you. In some circumstances (such as yours) there may be arguments that the driver is not the lawful owner of the vehicle. I hope this information is helpful. ... Read Answer

It seems strange that the police would specifically go to your apartment if the phone was not there. Typically in these cases, people activate the "find my phone" feature on their phone, which then shows them an approximate location of their phone. I suspect that's how the police may have ended up at your door.    In terms of potential criminal charges, stolen property can often result in a few different types of charges. If they have anything showing that you physically took the phone from the other person, you may be looking at either a petit or grand larceny, depending upon the value, or even something more serious if there is any indication that force was used. https://www.michaelschillinger.com/astoria-criminal/theft-lawyer/   Additionally, if they don't believe that you took it, but instead knew that it was stolen and kept the item, you could potentially be looking at a criminal possession of stolen property charge.   With all of that being said, the police would need some evidence to actually connect you to the crime. If they do not have probable cause, it is unlikely you will be arrested. Additionally, understand even if you are arrested, that does not necessarily mean that you will do jail time. Oftentimes criminal defense attorneys are able to resolve cases with negotiated pleas that don't involve jail time. Furthermore, in a worst case scenario there is always the option of fighting the case at trial. I hope this is helpful. ... Read Answer

If the only reason you are wearing an ankle monitor is because you were ordered to as a condition of bond, and then the case was dismissed, all bond conditions are no longer in force. Although I don't foresee how the judge would still have any authority over you if you were to cut off your monitor, why risk it? Call your attorney, bail bondsman, and/or bond officer and ask when you can get it off. It should be immediately, but why cause trouble for yourself if there is something you are not aware of and you cut it off prematurely? ... Read Answer

Good question. The issue is whether his right to a speedy trial has been violated. Your dad should consult his attorney about whether he wants to file a motion to dismiss for violation of his right to a speedy trial.  The seminal case on point is Barker v. Wingo. There are four main factors a judge looks at to determine if someone's right to a speedy trial has been violated. First is the amount of time that has passed. Typically 8 months is the minimum.  Second, has your dad requested a trial? Third, what is the cause of the delay? Is the State ready to proceed to trial? Has your dad wanted to go to trial? Fourth, what is the prejudice that your dad has suffered as a result of the very long delay? All four factors are important but no single factor is dispositive. Courts are hesitant to grant speedy trial motions, but if your dad has been prejudiced and the State has not been ready for trial, then it is definitely an avenue worth pursuing.... Read Answer

When someone calls the police about a domestic violence incident, officers typically respond by interviewing both parties involved. They assess the situation to determine who was the physical aggressor, who hit whom or who put their hands on the other person and whether there is physical evidence of assault. Once they identify the aggressor, that individual is arrested for committing battery. The police don't simply issue a warning and leave. Even if the victim later chooses not to testify, the prosecution can still proceed based on the initial statement given to law enforcement. In many cases, that statement alone is enough to support charges.... Read Answer

I am sorry that you are going through this.  You should first let the Deputy District Attorney prosecuting the case about your concerns because they sound quite understandable.  That being said, a validly issued subpoena -- if one was serve on you -- is a Court Order that requires compliance.  Unfortuately, police officers sometimes provide incorrect legal information or even cross the line into giving legal advice (which is a crime by the way).  It sounds like they mislead you to gain your cooperation?  You can also contact the Defense Attorney to let her or him know about this.  Finally, you can hire experienced counsel to represent you to address your serious concerns to your safety.... Read Answer

The chances that you will be prosecuted is speculative.  From what you shared -- and I am sorry you are going through this -- it sounds like the District Attorney does not care that the alleged victim is not showing up and under section 1108 of the Evidence Code, the DA might be trying to use that prior conduct against you in this case?  Actor Mel Gibson was convicted of DV despite his girlfriend/fiance not showing up to court in Orange County.  In the end, the answer to your question really depends upon what the judge does and what your lawyer does.  You might want to hire a lawyer you feel knows what s/he is doing and has your trust that you are being defended in the best way possible.  ... Read Answer

If you had a lawyer -- private or public defender/court-appointed-- then you may want to ask this also of that person who represented you.  Yes, it can happen, but that depends upon the County.  It is best you speak with an experienced attorney licensed in California so you get the best answer to your question.... Read Answer

Technically, it is illegal to stalk somebody online, in person or through the phone lines and a criminal prosecution could be brought against you under state law stalking statutes. I think you should just put this behind you and forget about her. If you call her again, she will likely file a police report and you don't need that. Just don't call her anymore and forget about her.... Read Answer

Yes, you can still be charged. Being convicted, of course, is another matter. Many cases of sexual assault charges involve "he said/she said". When charges are filed it is up to a jury to determine who is telling the truth. You were smart to not meet with the detective without a lawyer present. You should speak with a lawyer to discuss the situation.... Read Answer

I'm sorry that you are having to deal with this ongoing problem and that you have recently been charged in connection with it.  That has to be quite frustrating.  Since you didn't ask for any advice, and only asked for help with your case, I would suggest that you contact a specific lawyer to schedule an appointment for an initial consultation to discuss your matter. Most attorneys will offer free consultation if you're charged with a criminal offense and they can help you decide how to proceed with your case and if you decide to hire them, then they can represent you in court. If you would like to schedule an appointment with us, you can give us a call at 919-680-2300.... Read Answer

I would not go back. It sounds like you were given a Criminal Trespass Warning (CTW). These warnings are usually indefinite, meaning you can never go back to that location (or possibly all locations of that store depending on what the CTW says. Sometimes the warnings only last a year or two, but the police typically give you a piece of paper stating the location, the date and time of the CTW, and how long it lasts.  If you were given a CTW and the police catch you on the premises again, you could be arrested for a class b misdemeanor of Criminal Trespass. It is not worth the risk, whether you are shopping legitimately or not, you are not allowed to be there. I would shop somewhere else.  ... Read Answer

I'm sorry to hear about your pregnant wife. I hope you were able to bond her out of jail immediately. Simply driving a stolen car is not a crime in and of itself. The State must prove either that she stole the car, or that she knew she did not have the owner's permission to drive teh car. The two most common charges I see from what you described are Theft of Property and Unauthorized Use of a Motor Vehicle. In order to prove theft, the State has to show that your wife took the car without permission, not simply that she was found after the theft driving the car. You will have to look at when the car was stolen compared to when she was found driving the car. Was there any evidence she took the car? Also, the degree misdemeanor or felony it will be depends on the value of the car. If the car has a fair market value of $2,500 to $30,000, then it will be a state jail felony. If it cost more than that, then it will be increased to a third degree felony. If the car is cheap and doesn't cost more than $2,500, then it would only be a misdemeanor theft. More likely than not, the State would charge her with Unauthorized Use of a Motor Vehicle. This is a state jail felony where the State has to prove that your wife KNEW she did not have the owner's consent to drive the car. These cases are very case specific. What she said to the police will be very important. Who owns the car? When was the car stolen? How did she obtain the keys to the car? Is there any evidence the ignition was tampered with? These and similar questions must be answered to see if the State can prove beyond a reasonable doubt that she knew she did not have permission to drive the car. If the State cannot prove she did not know she did not have permission, it is possible to get the case No Billed by the grand jury. Best of luck!... Read Answer

Under Kentucky law, a person must be at least 16 years old to consent to a sexual act. However, this does not mean that anyone aged 16 or older can consent to sexual activity with any other person. Because anyone under the age of 18 is still a minor, restrictions apply. Under KRS 510.020(3), 16 and 17 year olds cannot engage in sexual acts with anyone who is more than 10 years older than they are, meaning the oldest their sexual partner can be is 26 or 27, respectively. If you fall within that 10 year window, no crime was committed. ... Read Answer

If you were assaulted in a nightclub and the management failed to provide adequate security to prevent such violence, you may have a security negligence claim against the establishment. It’s advisable to retain an attorney in your jurisdiction, potentially on a contingency fee basis, meaning you pay nothing unless you win the case.     ... Read Answer