Criminal Defense Legal Questions

If and when a bond is set on a MTR deoends on the discretion of the court. It does not reflect anything else. It does show that your judge is considerate enough to set the bond timely so you don't end up sitting in jail and waiting for a bond to be set. On a MTR, the judge can reinstate, add conditions, extend probation, or revoke and sentence you. If suggest contacting attorneys directly to talk about your specific situation. Good luck.... Read Answer

To answer this question we would need to know more specific facts. Did the owner of the home supply the alcohol? Were they aware of the party? If they weren't aware of the party, where were they when it was going on? What is their relationship to the 18 y/o? Was anyone injured? Were there narcotics as well?    Generally speaking anyone who supplies a minor with alcohol can be charged with a misdemeanor offense. If the minor just opted to have the party without the homeowner's knowledge though, that's a bit of a different story. The law generally requires a degree of knowledge or intent (mens rea) to be charged and convicted with a crime. Because of that, the specific facts of your situation become critical in doing any type of analysis.    If you're considering allowing your 18 y/o to throw a party with alcohol, that's probably not going to be a good idea. If you've been contacted by police regarding a party that happened in your home, then your best bet is going to be to consult with an attorney who can try and help you resolve the situation. ... Read Answer

The answer here may depend on whether you are pre or post conviction. If you pled guilty for instance, (or were found guilty at trial) and you now stand convicted of a criminal charge, you may have to give DNA because you were convicted. With that being said, you should ask your attorney about that if that's the case.    If you are pre-conviction and the case is still pending, then it will be specific to your case - in certain circumstances the D.A. can attempt to get a force order to have you swabbed for DNA. Again, this is really something you should be speaking with your attorney about, and he/she should be able to advise you on this. ... Read Answer

You can absolutely press charges for attempted arson/murder, if and only if, they take single step towards the crime of arson.  You can and should certainly file a police report. The law cannot punish people saying assinine things. But the moment somone does something on a threat, they have just committed a serious crime.   Good luck to you.... Read Answer

You need to be very careful how you handle this. If there is still a restraining order on you (likely a Jail Release Agreement) you cannot talk to her. You can and will be charged with additional charges if you do. You also cannot have someone else speak to her. You need to contact an attorney to discuss your case. These cases can become very serious very quickly. ... Read Answer

I think you, or lawyers.com missed labeled this question. It doesn’t appear to be an immigration question. Unless you are an immigrant with or without a Green Card, you must speak with an immigration attorney ASAP. Most immigration attorneys offer a free consultation, so you should be able to get your questions answered at no charge. You will also need to speak to a criminal law attorney.   Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read Answer

I think you missed labeled this question. It doesn’t appear to be an immigration question. Unless your fiance is an immigrant with or without a Green Card, you must speak with an immigration attorney ASAP. Most immigration attorneys offer a free consultation, so you should be able to get your questions answered at no charge. You will also need to speak to a criminal law attorney.   Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read Answer

I think you missed labeled this question. It doesn’t appear to be an immigration question. Unless your fiance is an immigrant with or without a Green Card, you must speak with an immigration attorney ASAP. Most immigration attorneys offer a free consultation, so you should be able to get your questions answered at no charge. You will also need to speak to a criminal law attorney.   Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read Answer

I would be happy to discuss the prospect of representing your husband. However, I do not reccomend anyone hire an attorney for the limited purpose of trying to get someone a lower bond or house arrest. Once an attorney is hired on the case, they are obligated for all matters related to the case, of which the bond is a small issue compared to the years of prison at stake. When there is a motion to revoke probation, the final decision about what happens is with the Judge, not the probation office. The probation office has a reccomendation they make to the DA, and Judge on what they think should happen, but it is not binding. When the probation office alleges a violation of the terms and conditions of probation, they submit a violation report to the District Attorney's Office. The DA then files a motion to revoke probation (motion to adjudicate guilt for deferred adjudication type probation). You are entitled to a bond, but the amount and conditions can vary greatly, depending on the Judge. You can work out an agreement with the DA or set the case for a hearing. At a hearing, you can submit evidence and testimony related to the alleged violations and compliance with probation conditions. The Judge has the option to reinstate probation, extend probation (in some circumstances), add conditions, or revoke and sentence to anywhere within the punishment range for the offense. ... Read Answer

Because you received a summons and the charges you mentioned, it is best that you contact an attorney to discuss the equities of your case and any possible defenses available to you.  If you fail to show up for your Pleminary Hearing, a bench warrant will be issued for your arrest, so it is best retain the services of a lawyer prior to your hearing given the charges against you. ... Read Answer

A finer example of extenuating circumstances I have never heard. You will need to respond to the summons. Advise that you contest the charges. Write an explanation and ask that the court dismiss the case. They might. Go to court.  You will have appointed counsel. Typically, you meet with the prosecutor before appearing in court. Advise the prosecutor of the facts and ask that you be let off for extenuating circumstances. Tell them you would never have done this except for the unusual circumstances. If they refuse, say, OK, let's take this before the judge.  Bring lots of friends and pet lovers to be in court to support you. When your case is called, have everyone stand up so the court knows that the public cares about the case. After you step forward, have everyone sit down. Even on Zoom (have people holding their pets on camera!), the judge will see that this case matters to the community. Judges are elected. Politely tell the judge, I would never have done this except for the circumstances and ask that charges be dismissed.   good luck!... Read Answer

A lot going on there. Any traffic ticket warrants will be handled in a municipal court or justice of the peace court. Those tickets must be either paid, or you have to go to court on them and work them out another way. They are fine only offenses unless you do not pay them or go to court, then they turn into warrants. The vehicle could be in impound related to a criminal charge, but it is impossible to know without knowing the full background and history. If he has a pending evading arrest in a motor vehicle case, that is a serious felony charge. The max punishment is 2-10 yrs in prison, up to a $10,000 fine. He should absolutely find a lawyer to help defend him on that case, and any other he has pending in the county or felony courts.... Read Answer

Once criminal charges have been filed, the only way you can remove them is by filing a petition for expunction, and obtain an order expunging the criminal history information. If you want to accomplish removal of this info, this is how you can do it. It will cost you about 4 hrs of an attorneys time, plus the filing fee charges by the clerk. It takes 3-6 months to complete. Lawsuits are usually filed two ways: retainer agrements, and contingent fee agreements. You certainly can find an attorney to file a defamation suit for you if you pay a retainer fee (usually 10-15 hrs or more of the hourly rate up front), and then the attorney bills against that until its depleted, then sends you a bill to refill the retainer. If you can afford it, you absolutely can find a lawyer this way. But you will be extremly unlikely to find a lawyer to file a lawsuit for defamation for you on a contingency fee agreement. This type of fee structure means the attorney fronts all the costs for litigation, only getring paid out of a settlement or judgment in the case. The reason? Defamation cases are difficult to prove. In a dismissed criminal charge case, you'd have to prove they intended to file false charges knowing they were false. Damages are hard to prove as well. For those reasons, you are probably not going to find an attorney to file your lawsuit hoping to get paid down the road. If you want it off your record, hire an attorney to help you get it expunged.... Read Answer

The court usually looks at what his risk of flight is. The stronger the ties to the community, the less the flight risk. So if he has a job, then get a letter from his employer showing how long his employment has been with the company, and that he is a faithful and loyal employee that will most likely continue on into the future, tax return showing stability of income, any property ownership also is helpful. ... Read Answer

Evading arrest on foot is a Class A Misdemeanor, punishable by up to 1 year in county jail, and a fine not to exceed $4000.  Evading arrest in a motor vehicle is a 3rd degree felony, punishable by 2 to 10 years in prison, and a fine not to exceed $10,000. Mental health issues like bipolar will have a significant impact on the defense tactics most effective in your case. Contact an attorney directly.... Read Answer

The problem is there isn't a clear answer on this issue. By Utah law you should be fine, but whether you're a restricted person federally is a little less clear. The problem is the way the law is written even a plea held in abeyance can still be used as an enhancement against you and there is an argument that means it wasn't really dismissed. It is a conviction still. I think you would have a good defense to any charges because you wouldn't "knowingly" be violating the law. The best advice is to contact Utah's BCI and ask them to do a background check to see if you're eligible. They should tell you yes and keep any documentation they give you. ... Read Answer

Under Michigan law, applying the facts as your describe them, the larceny charge would not stand as you cannot be shown to have had the intent to steal. If someone throws money, they cannot say they don't expect others to pick it up. Sadly, the disturbing the peace charge will probably stand. The prosecution will be able to show you intended to interrupt the event and actually did disrupt the event. It is a misdemeanor, expect a fine and community service. It is best to consult with your court appointed attorney on this.... Read Answer

You should make direct contact with a few criminal defense attorneys to set up consultations regarding your case. Then, after meeting with a few, choose the one you trust to defend your case. PCS 4-200g is a 2nd degree felony. The punishment can be enhanced if you have prior felony convictions. Possession requires INTENT. You must intentionally and knowingly possess an illegal substance (like the 4-200g of CS). If you did not put it there, or drive the vehicle without knowing it was there, you do not have the intent required for a conviction. If you are not guilty, do not plead guilty - just make sure your lawyer knows how to defend these types of cases.  Good luck.... Read Answer

The answer is maybe.  If one of you is under the age of 18, you are likely to be considered underage in the United States. Your legal ability to marry will depend on the laws of the state where you plan to get married. Each of the 50 U.S. states sets its own rules, and you will need to research them. For example, you may find that in one state you must be 18 years of age to marry, while in another you can marry younger if you can show the consent of your parents. Assuming that you are of legal age to Marry,  you still must get around the obstacle of filing a financial affidavit establishing that you have the minimum level of income to sponsor your fiancé. ... Read Answer

Your first step if you are charged with a crime is to contact an attorney directly to set up a consultation. Regardless of whether you hire the attorney or not, you can have a privileged conversation about your case and decide how to proceed. If you have not been charged with any crime, you may have a civil cause of action for tbe police misconduct as well.... Read Answer