Criminal Defense Legal Questions

Yes.  The government, which would be prosecuting you, made no agreement not to.  However, depending on the circumstances (i.e. the amount of money involved, your record, etc.) and the fact that you paid the money back, there's a good chance that teh government won't want to prosecute, or if it does and you are convicted (difficult if your employer keeps his word and doesn't cooperate), may get a minimal sentence.  If your bosskeeps his/her word, the government may never hear about it.... Read More

The short, basic, answer is "no."  The United States does not allow what in the past was referred to as "debtor's prison" (i.e., prison time for failure to pay a debt).  However, there are nuances.   For example, if, in addition to a prison sentence, the defendant also was sentenced to prison followed by probation, and if the court ordered, as a condition of probation, that the Defendant pay for services of his attorney (such as the Public Defender or court-appointed attorney), then it is possible that the Defendant could have his probation revoked and sentenced to incarceration if he had the ability to pay and knowingly and intentionally did not.   That could be a knowing and willful violation of probation (and/or also be contempt of court for willfully failing to obey a court order).  But note, under that scenario, he could not be sentenced to jail or prison if he did not have the ability to pay. That, of course, does not keep the defendant from being sued, civilly, if he was represented by a private attorney.  But such a civil law suit would not involve incarceration. So if the Defendant has the ability to pay, he should.  If he does not have the ability to pay, he could try to negotiate with the person to whom he owes the money in order to avoid being sued civilly.  It is also possible that if he does not have the ability to pay, and has no assets that could be levied against, that the lawyer will not file any law suit.  That, however, is impossible to predict.    ... Read More

Hiring an attorney will typically help.  However, results can never be guaranteed and lawyers are limited by the facts of the case, pertinent law as well as the judge and prosecutors involved.  Is it "worth" the price you will pay?  Probably.  It likely would have helped more when fighting the original charge.  Violations of probation can be difficult to litigate as law enforcement typically has ample evidence to prove their case. Best of luck.... Read More

You need a lawyer. If you don't haave one. What county are you in? If you are inthe Philadelphia area, I can help you. I have over forty years of exp[eroence incriminal cases and I am sue I can help you.  all me tomorrow at 215 421-8034 for a free consultation.   Barnaby Wittels... Read More

The key to the answer is the circumstances. Had you already pled guilty ? If you had entered the guilty plea on the record, then 'retracting' the plea is most difficult. Had you also been sentenced ? This would present an additional hurdle. If this is the case, your only opportunity is the have an attorney file for 'post conviction relief'. We can represent you on this motion. Please call asap to discuss. Ed Dimon, Esq. 732-797-1600 ... Read More

It often is not possible to find out if there is investigation or warrant, but sometimes it is possible to see a pending warrant in some circumstances, by checking the court's efiling system, but most often if there is not a law enforcement officer who has contacted you and left his/her name & contact information, there may be no way to find out.... Read More

Yes you can. If you feel threatened you (words alone are usually not enough, they have to be threatening to do something or acting like they may come after you) can respond with reasonable force. Meaning if they push you then you can push back or throw a punch. What you can't do is respond with unreasonable force. (i.e. you can hit them with a bat if the push you). If you're in a place that you have every right to be (essentially any public place) you do not have a duty to retreat. Just remember that you do not have a self-defense argument if you're the aggressor. ... Read More