Criminal Defense Legal Questions

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480 legal questions have been posted about criminal law by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include theft, weapons charges, and death penalty. All topics and other states can be accessed in the dropdowns below.
Criminal Defense Questions & Legal Answers - Page 15
Do you have any Criminal Defense questions page 15 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 480 previously answered Criminal Defense questions.

Recent Legal Answers

Can I request that a 8 year old be given a lie detector test

Answered 4 years and 8 months ago by attorney Dana B. Carron   |   1 Answer   |  Legal Topics: Criminal Defense
You can make the request, but they are not required to do it, and are unlkely to do it.
You can make the request, but they are not required to do it, and are unlkely to do it.
The only way to find out is for someone to contact the police or prosecutor's office to determine if a case is pending against you or not. Some Jurisdictions have online court explorers, you can enter your name and see if there are any pending cases. Have counsel find out for you, it is best. If there is a case, eventually the charging jurisdiction will issue a warrant for your arrest and warrants never expire; you need to know what is going on. I reccomend you find a criminal lawyer to help you with this.... Read More
The only way to find out is for someone to contact the police or prosecutor's office to determine if a case is pending against you or not. Some... Read More

Would I go to jail?

Answered 4 years and 8 months ago by attorney Diane Buerger   |   1 Answer   |  Legal Topics: Criminal Defense
The final answer could depend on a number of factors (e.g., the town/county in which you were charged; the assigned prosecutor; the defense attorney's ability to negotiate with the assigned prosecutor, including for a lesser charge, etc.). However, based on the facts you provided, the answer regarding whether you will receive a jail sentence is almost assuredly "yes."  So even if you consider the above-listed factors, it is more likely that your attorney will end up negotiating the length of the jail sentence rather than whether you go to jail.  ... Read More
The final answer could depend on a number of factors (e.g., the town/county in which you were charged; the assigned prosecutor; the defense... Read More

In California State Does this qualify as GTA? and title transfer fraud?

Answered 4 years and 8 months ago by attorney Toni Yolanda Long   |   1 Answer   |  Legal Topics: Criminal Defense
Based on what you shared, it sounds like your bike was stolen.  If that's the case, the first thing it to report it stolen to the police.  This sounds like a criminal matter.  Otherwise, more facts are needed.  
Based on what you shared, it sounds like your bike was stolen.  If that's the case, the first thing it to report it stolen to the police. ... Read More

What can I do when my public defender keeps giving meWrong court dates and I keep getting bench warrants

Answered 4 years and 8 months ago by Barnaby Wittels (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
There is someting wrong if you are gettting incorrect court dates from your public defender. If he or she is part of a defendder office, call that office and ask to speak to a suopervisor. If this lawer is not in a frim yoiu may want to consider filing a complaint with the Disciplinary Board of the Supreme curt of pennsylvania but be ready to prove your allegatkon that yiur public defender kept sendkngyiou the wrong dates for court.... Read More
There is someting wrong if you are gettting incorrect court dates from your public defender. If he or she is part of a defendder office, call that... Read More
Generally speaking yes - any resident of a house can give consent to search the entirety of the house - the exception to this would be if there was a private area that was searched that the individual giving consent should not have access to. i.e. If you have a basement tenant your wife's consent to search your house would not necessarily allow the police to enter the basement tenant's apartment. ... Read More
Generally speaking yes - any resident of a house can give consent to search the entirety of the house - the exception to this would be if there was a... Read More

Question about ACD for petit larceny

Answered 4 years and 8 months ago by attorney Michael A. Schillinger, Esq.   |   1 Answer   |  Legal Topics: Criminal Defense
It's possible that the DA may have allowed the case to seal without your compliance with the community service requirement, but it's also possible that they have not. You can try and check the Court system's website in the WebCriminal section to see if there is a future court date under your name, although that isn't always 100% accurate. You can also attempt contacting the Clerk of the Court's office to see if your case is currently still pending or has been sealed. With that being said, you should always be careful in speaking with the Court without the benefit of an attorney representing you. Your best bet in this type of situation is going to be to consult with a Criminal Defense Attorney who can reach out to the Court on your behalf and verify if the case has been sealed, or if it has not if they can arrange for you to complete your community service and still receive the benefit of the ACD. You should be aware that an adjournment in contemplation of dismissal is just that - an adjournment - and if you do not comply with the terms of that ACD your original Petit Larceny can be restored to the calendar and prosecuted.    I hope this information was helpful.   ... Read More
It's possible that the DA may have allowed the case to seal without your compliance with the community service requirement, but it's also possible... Read More
It sounds like you entered a secure area in the airport and that's why you were arrested. As far as the charges here - Criminal Trespass in the 3rd Degree PL 140.10 is a class "B" misdemeanor and can subject you up to three months in jail or one year probation, as well as $500.00 fine. The trespass violation PL 140.05 is a violation and not a crime, punishable by up to fifteen days in jail and/or a fine.    Depending on your criminal record as well as the severity of the allegations, these can often be pled to lesser offenses and resolved without any type of incarceration. ... Read More
It sounds like you entered a secure area in the airport and that's why you were arrested. As far as the charges here - Criminal Trespass in the 3rd... Read More

Does a probation officer have to read you your rights before he takes you to jail

Answered 4 years and 8 months ago by Andrew Allen Popp (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Reading your rights deals with custodial interrogation.  It is generally required before statements by a Defendant will be deemed admissible in Court.  Yes that is a legal arrest.
Reading your rights deals with custodial interrogation.  It is generally required before statements by a Defendant will be deemed admissible in... Read More

Need leagal advice

Answered 4 years and 8 months ago by Mr. George Lawrence Sandefer (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
You should call a board certified criminal trial attorney in your county. They can help you and answer your questions.
You should call a board certified criminal trial attorney in your county. They can help you and answer your questions.

I got caught stealing $1000 over the course of a month from my job. Will I be sent to jail?

Answered 4 years and 8 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You should not go to jail. However, you should go a step farther and see if you can avoid a criminal conviction. You do not want a criminal record. There are ways to mitigate the consequences. Please call asap to discuss. Ed Dimon, Esq. 732-797-1600 extension 235
You should not go to jail. However, you should go a step farther and see if you can avoid a criminal conviction. You do not want a criminal record.... Read More

What happens if a empty baggie of cocaine residue if found in ur possession,,only residue

Answered 4 years and 9 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Criminal Defense
If there is residue then it is not empty   If they can test and it is positive, then they can charge
If there is residue then it is not empty   If they can test and it is positive, then they can charge

Is my probation gonna be in jeopardy?

Answered 4 years and 9 months ago by attorney Hon. Max L Rosenberg   |   1 Answer   |  Legal Topics: Criminal Defense
Your probation is definitiely in jeopardy. You need to hire experienced criminal defense counsel as soon as possible.  This is a very serious problem. You understand that your probation may be revoked and the previous sentence may be applied to you as well as whatever new fallout you will recieve for the new charges.  Please feel free to contact us if we can offer further assistance 203.870-6700... Read More
Your probation is definitiely in jeopardy. You need to hire experienced criminal defense counsel as soon as possible.  This is a very serious... Read More
You probably do have a bench warrant. Have you tried calling your lawyer to find out what the status of your case is? Or have you called the Court? When was your Arraignment?
You probably do have a bench warrant. Have you tried calling your lawyer to find out what the status of your case is? Or have you called the Court?... Read More

I never received a letter saying I ended my probation.

Answered 4 years and 9 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
There is no parole in Florida and 3 what?
There is no parole in Florida and 3 what?

Can I get a Medical Marijuana card and still keep an already purchased firearm?

Answered 4 years and 9 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You cannot have a carry permiit and have med mariuana card
You cannot have a carry permiit and have med mariuana card

How should I go about suing a police department and officers for a false arrest.

Answered 4 years and 9 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You have to be found not guilty or had your case dismissed before you can sue
You have to be found not guilty or had your case dismissed before you can sue

What steps do I take to resolve this, and how much jail time is involved?

Answered 4 years and 9 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Without further information I cannot tell what is involved in your representation. Further it is also impossible to accurately quote a fee which would be fair to the both of us   First thing   RETAIN A LAWYER   YOU DO NOT WANT TO GET ARRESTED AND EXTRADITED   https://www.themarshallproject.org/2016/07/06/inside-the-deadly-world-of-private-prisoner-transport  ... Read More
Without further information I cannot tell what is involved in your representation. Further it is also impossible to accurately quote a fee which... Read More

Do they have to watch you or can you take the test in privacy?

Answered 4 years and 9 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Your question is NOT understandable   What test?   Why is the test random?   What does "she mid as well wipe for me" mean?
Your question is NOT understandable   What test?   Why is the test random?   What does "she mid as well wipe for me" mean?

should I concentrate on setting a high bail or first get a lawyer? on a 2lb of weed in trunk charge?

Answered 4 years and 9 months ago by Barnaby Wittels (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
You need to hire a crimina defense lawyer. This is a very serious case and yiu need a lawyer's help right away. One of the firste things the lawyer can do is adddress the isue of the high bail and work on getting it lowered to an amount that you can afford. ßpendign moiney onthe lawyer first wilk be money well spent.... Read More
You need to hire a crimina defense lawyer. This is a very serious case and yiu need a lawyer's help right away. One of the firste things the lawyer... Read More
You are correct in your conclusion that he should seek to exunge his felony conviction. Once expunged, he can truthfully answer that he has never been convicted of a felony.
You are correct in your conclusion that he should seek to exunge his felony conviction. Once expunged, he can truthfully answer that he has never... Read More
It would be hard to say what the investigrtor is looking into, but presumably just confirming the facts and whether they think they could prove a case against you beyond a reasonable doubt.
It would be hard to say what the investigrtor is looking into, but presumably just confirming the facts and whether they think they could prove a... Read More
Honestly your question is a bit difficult to answer without having additional details - I certainly would recommend speaking with a Criminal Defense Attorney to discuss the specific facts of your situation. However, generally speaking if there is an arrest warrant out for you and you are aware of it, then the benefit of "turning yourself in" is that you are able to select when/where you will surrender yourself to police. This ensures that you are able to do so in as comfortable a way as possible, rather than finding yourself getting pulled over and that warrant coming up during a routine traffic stop. It also helps your attorney in making the argument during any potential bail request that you voluntarily surrendered yourself and will therefore continue to appear in court to fight your case. Furthermore, it will help your attorney when attempting to negotiate with the District Attorney's Office. HOWEVER - and this is very important - regardless of whether you have an arrest warrant out for you I would make sure that you speak with a Criminal Defense Attorney before contacting any agents of law enforcement - anything you say to the police can be used against you and you may find yourself admitting to criminal conduct and essentially giving the police and the District Attorney the tools to commence a case against you. While you mention you believe you can be charged with GL3, I would point out that you may be better off speaking with an attorney who can advise as to whether or not your conduct was criminal at all. Furthermore, your attorney would also be able to discuss with you whether or not the police might even have probable cause to arrest you. I hope this information is helpful. ... Read More
Honestly your question is a bit difficult to answer without having additional details - I certainly would recommend speaking with a Criminal Defense... Read More
So long as the judge imposes a legal sentence - i.e. one not longer than allowed for the crime the preson is convicted of, it is probably allowed. However, under the circumstances, if your husband can get any documentation that he tried to turn himself in and they refused to take him, the judge is not likely to add time to the sentence.  I suppose one question woudl be when did the jail begin taking people again, and did your husband try to turn himself in after that point?... Read More
So long as the judge imposes a legal sentence - i.e. one not longer than allowed for the crime the preson is convicted of, it is probably allowed.... Read More

What is the punishment for leaving an inpatient rehab facility when you were sent there by your parole officer

Answered 4 years and 9 months ago by Barnaby Wittels (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If this was a condition of your  parole or probation then you may face a violation of probation or parole hesring in which the judge or the state parole board could revoke your probation or parole and send you back to jail
If this was a condition of your  parole or probation then you may face a violation of probation or parole hesring in which the judge or the... Read More