Criminal Defense Legal Questions

EPO only lasts 60 days (typically). Bond conditions last the entire time the case is pending. Both are in effect at the same time during the EPO, that does not mean they one trumps the other. If you violate an EPO its a new criminal charge, if you violate the bond condition your bond can be revoked.... Read More

OK so from your fact pattern it appears that you may be under investigation for some type of criminal act, if the deputy says that "we have you on video" as you state. If that is the case, you have a fifth amendment right against self-incrimination. So if I were you I would invoke my fifth amendment privilege, and demand to have a lawyer present when you are in custodial interrogation or are being questioned by the police. If this is not the type of case that I assume it is, but rather a personal injury Case, that involve the death of your aunt at the hands of a third-party, then your family should contact a personal injury attorney to bring a lawsuit against the apartment complex for negligence security.   ... Read More

In the criminal justice system, the state is the Plaintiff, even if a private complaint is filed.  Accordingly, your description suggests that the matter is not criminal, but civil.  The best way to evaluate the matter is by reviewing the complaint filed against you. I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis.      Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

The prosecutor has complete access to the person's criminal history. The key to successful representation for shoplifting is working closely with the risk manager for the store. We work closely with both the store and the prosecutor. Please let us know if we can help. Ed Dimon, Esq. 732-797-1600 ext 235 a... Read More

I recommend you contact the state bar lawyer referal service at 800-968-0738 they can help. The prosecution is required to turn over ALL evidence in a case to the other side. If you are dissatisfied with your current lawyer, bring it up to the judge and demand a new lawyer becuase you believe you are not being adequately represented.... Read More

You need to talk to your pouboc defenddr. A status listing can mean several things in lnc,uding whether the case is ready for tril, whetheer the case is going to be a pleas, whether the issues is status of counsel. The onkly thing you know for certain is that this date isnot your trial date beause it is a status date,... Read More

The simple answer is "YES" you can ask the judge for more time before you are 're-sentenced' in your probation violation.  If you have other pending cases, the courts typically have the probation complaint 'trail' (follow behind) the new cases - and if a plea bargain can be worked out in all cases together, then the court will often accept that. I strongly encouage you to apply for the public defender to represent you so that you have a lawyer helping you. You may find that the result is much better than you are anticipating.... Read More

Yes, the plea deal can be taken away and you could be subject to the full punishment range for the offense. Your best bet is to turn yourself in asap and hope that the judge accepts your apologies and still follows the plea. If you go on the run for even longer, it is less likely that they will.... Read More

A traffic stop must be legal, or any of the evidence discovered after the stop can be suppressed as the fruit of an illegal search / seizure. He should hire an attorney on the assault family violence -impeding breath (strangulation) case. District Attorney offices prosecute these aggressively and just because the victim is a drug addict or in jail does not mean they will dismiss his case. Many of these types of cases end up getting set for trial. Your boyfriend should make sure he trust his attorney to defend these type of serious charges.... Read More

I see  nothing illegal.   a cop may awk you to step out or he can ask you to step in   arrested for what?   the cop does not have to stop you immediately   considerations are givin to the remoteless and lighting of the area, amonfg others   you need an attorney   RETAIN ONE... Read More

If he misses court, a warrant will be issued for his arrest, and he could be arrested in Texas, and await transport to Colorado to appear in court - that would be VERY much more disruptive to his life than finding a way to attend his court date.  He could hire a lawyer in the County where he is in Court and maybe the lawyer could work out getting rid of the warrant and resetting the Court date for a month or more later to give him time to get the funds to travel.  If he qualifies for the public defender to represent him, he could apply there (in the county where the case is) and have them help him (google Colorado Public Defender and find the office in the county his case is). I suppose he could also write to the court and request that he be allowed to appear at court by video.   All of that being said, he should check his Appearance Bond form, as it may say he cannot leave the state without court approval. If that is the case, and he is in Texas, without court approval, then he really needs to get a lawyer to make sure he does not do something that causes him even more problems. ... Read More

In Michigan court records this means that a defendant is in custody and their right to a Preliminary Examination has been waived, typically at the time of arraignment. Defendant Bound Over means the defendant is held until the court sets either conditions for bail or to hold the defendant for case.   I hope this helps. ... Read More

If you mean will you face criminal liability, that depends on the circumstances.  You are justified to use necessary force to defend yourself, and if you're violently attacked by a 200 pound guy who broke in to your apartment, I don't think any one would contend that you had committ4ed a crime by defending yourself with a crowbar., especially if the attacker was armed  On the other hand, if you had already incapacitated an unarmed man by breaking his leg, and he no longer posed a threat, you could get in trouble.  If the "attack" was that he spit on you, and he was leaving, you could get in trouble.  If the "attack" was by your wheelchair bound 90 pound grandmother trying to spank you, you could get in trouble. There re obviously many factual variations which could change the outcome. ... Read More

Generally speaking anything you say to the police can be used against you in future proceedings with a number of exceptions. For instance, under certain circumstances you need to be read your Miranda rights prior to giving any type of statement or answering any questions that the P.O. asks. With that being said, it's difficult to say what impact your statement may have on your case without knowing the full statement and the circumstances in which you made that statement.  Any time that you do speak with police you should do so in the presence of legal counsel. With an attorney present, you can be sure that your legal rights are being protected. For instance, you have the right to not answer any of the P.O.'s questions when they interrogate you. You have the right to not incriminate yourself and to remain silent, refusing to answer questions. You also always have the right to have legal counsel present when being questioned by police. If you are going to surrender yourself, I would certainly suggest that you have an attorney present with you to ensure that your rights are protected. ... Read More

If you were not arrested at the scene, the police have used their discretion to not charge you with Unlawful Carry or Pointing and Presenting a Firearm.   In the remote possibility that you were charged, provided you have no prior criminal history and did not discharge the firearm, an experienced criminal defense lawyer should be able to prevent you from any impact from these facts.   ... Read More

Burbank? Contact the court where your case is pending and ask if they have the option for remote hearings by zoom. If they do not, you will have to travel to court, despite the expenses. If you do not appear, a warrant will be issued for your arrest for non-appearance. If it is a felony offense, the warrant will be enforced nationwide; you can be arrested for a felony warrant in any state and extradited back to Texas. If it is a misdemeanor warrant, they will not arrest you on it in California, but, it will remain in Texas indefinitely, so if you ever came back to Texas you could be arrested on the warrant.  You also could hire a lawyer in Grand Prairie, TX that could go to court for you; this would not excuse your non-appearance if in person appearance is required in the court, but, they might be able to get you a continuance if you are not able to obtain one when you call the Court. Any Dallas area attorney can help you.  Good luck.... Read More

Has the person been charged and convicted and served the sentence for the crime ? If not, the prosecutor in the county where the crime occurred is in control with regard to both the investigation and the prosecution of the charges. You should work closely with the prosecutor's 'victim advocate'. We can gude you through the process if that would be helpful. If the person has been convicted and served time and is now paroled, there are no actions which can be taken by you with regard to the criminal charges. They are conplete. However, you may have options with regard to bringing a civil complaint. When did the crime happen ? What are your goals with regard to the wrongful death action ? Please call to discuss. Ed Dimon, Esq. 732-797-1600 ext 235... Read More