Criminal Defense Legal Questions

Being the victim of an assault means that the criminal defendant may have to make restitution pursuant to KRS § 533.030, Conditions of probation and conditional discharge -- Restitution to victim.  While it is possible to bring a lawsuit where there is little economic damage, that would require hiring counsel on an hourly basis and is an expensive option.  If money is not a constraint and you are willing to pay an attorney to sue the individual and the company, any judgment would be reduced by restitution from the criminal defendant.  The cost of car detailing is a small fraction of the cost to hire an attorney, and would be included in the restitution order on the defendant in a criminal case, so that is the option chosen by most people. ... Read Answer

The affidavit is good evidence to have. It is a strong affirmative link indicating him being in sole possession of the weapon. Possession means intentionally and knowingly having care, custody, control or management of the item. You can't accidently or unintentionally possess something. In situations where something like a weapon is found in an area of a vehicle that multiple people have access to, "affirmative links" are what the law considers, to determine whether either of the people (or both) were in legal possession. Affirmative links are things like who was driving the vehicle, who owned it, where the weapon was found, etc. The other party signing a sworn statement that it was theirs and theirs alone is also an affirmative link (in your favor).  But if your question is 'what do I do now?' Make sure your lawyer knows the law of possession real well. If he doesn't hire someone that does. Because if the DA can't be convinced to dismiss, the atrorney has to be able to fight your case at trial and win. ... Read Answer

Reach out to any one of the thousands of attorneys in Florida who practice criminal law and provide free initial consultations. However, please know when you do that rarely if ever are criminal legal issues resolved with letters and phone calls, and law school and admission to the bar takes years and literally hundreds of thousands of dollars, so if you're looking for a $50 ten minute resolution to a violation of probation arrest warrant, you will likely be disappointed.... Read Answer

Two charges in a short time is problematic. A lot depends on the judge AND your lawyer. you need the best lawyer you can get and that lawyer has to have proven success with your judge I suggest looking in the NACDL.org website, it is where I go to find lawyers for clients needing criminal represenation... Read Answer

If you are looking for an attorney to defend you in the charges against you, you need a criminal defense attorney. I can help you with that type of case. I defend many people accused of assault and domestic type issue cases. I have over 85 five-star reviews. Feel free to give me a call or email to discuss representation.  To help assist you and look up your criminal case: Your name Date of birth County where case has been filed against you   Tristan LeGrande 281-684-3500 tristan@legrandelaw.com... Read Answer

You did not provide sufficient information for answering this inquiry in any detail.  Even with more information, it would not be possible, in my opinion, for an attorney to answer what you primarily are wanting to know.  Here is what I can tell you:  even if you never previously violated your probation, you may still face more jail or prison time.  It would depend a lot on the points on your Criminal Punishment Code (i.e., scoresheet); what kind, if any defenses you may have; whethter the prosecutor assigned to your case is willing to do any meaningful plea bargaining with your defense attorney; and, to some degree, where in Florida your case is set for court.  Based on my experience, although the prosecutor may be willing to make a VOP offer, the prosecutor is unlikely to engage in direct negotations with you.  In other words, I suggest you have an attorney.  If you cannot afford one, I recommend you ask the court to appoint the Public Defender.      ... Read Answer

Generally it means the court found some legal reason to treat the motion as if it had never been filed.  There could be any number of reasons for striking (i.e., treating the motion as if it had never been filed).  Sometimes the court explains in the order striking the motion the reason.  So you may want to review the court order to see if it gives any reason for striking the motion.  It could be as simple as failing to follow the rules pertaining to filing of motions.  ... Read Answer

If you completed deferred adjudication probation, you may be eligible for an order of nondisclosure. That will not get it off your criminal record, but it does seal the record from public disclosure - meaning that it would only be visible to government agencies and licensing organizations. If you plead guilty and were placed on probation, you can never get it expunged and erased from your record completely. ... Read Answer