Criminal Defense Legal Questions

Can they do that? Obviously they did. I do not understand ? Can they prove a crime was committed as a result? You have provided insufficient information.   This site is not designed to provide a deep analysis of any fact pattern or question   You will have to consult with a lawyer indiviudally... Read More

Many county clerk's offices have considerable information online that accesible to the general public. You need a power of attorney for that. Go to the clerk's website and look up your fiance's name in a record search. Im sure a lawyer who is interested in taking on the case might do a little leg work and get the infor themselves. Good Luck.... Read More

The time to retain an attorney is now. Felony charges of fleeing or attempting to elude a police officer from the scene of a crash, driving on an HTO + leaaving the scene of a crash are as about as serious as it gets in the world of criminal traffic cases- short of DUI manslaughter. We can't and shouldn't estimate legal fees in these forums for ethical reasons, but expect to pay quite a large sum for his defense. If he qualifies, the Public Defender is an option. The bond should be posted by a third party so as not to attribute the money to your BF in a financial inquiry, if you wanty to go that route. Good Luck. https://www.duilawdefense.com/videos/criminal-law/how-much-does-a-bail-bond-cost-how-is-the-amount/... Read More

If your record has been expunged, you can lawfully deny or fail to acknowledge the record, with some limited exceptions. You also cannot be subject to perjury for denying it and it's exempt under the Florida Public Records Law. I don't know how it would be relevant in an insurance case, but your attorney should be aware of this statute. If you choose to discuss it, the record is still expunged, however questions that flow from your admission of the case might be allowed. 943.059 (6)(b). The person who is the subject of a criminal history record that is expunged under this section or under other provisions of law, including former ss. 893.14, 901.33, and 943.058, may lawfully deny or fail to acknowledge the arrests covered by the expunged record, with some exceptions. (see statute text) (c) Subject to the exceptions in paragraph (b), a person who has been granted an expunction under this section, former s. 893.14, former s. 901.33, or former s. 943.058 may not be held under any provision of law of this state to commit perjury or to be otherwise liable for giving a false statement by reason of such person’s failure to recite or acknowledge an expunged criminal history record. (d) Information relating to the existence of an expunged criminal history record which is provided in accordance with paragraph (a) is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution... Read More

First of all, that's a really dumb idea you had usinig apple juice and water. Did you really think that was going to work? When the lab comes back with "adulterated sample" you'll get violated just for that, whether or not there's really amphetamines in the sample. Hire a lawyer, because I see a VOP warrant in your future.... Read More

It's not criminal law, that's certain. Public universities must comply with disciplinary regulations and must afford due process, so I would engage an attorney who speciailizes in college disciplinary matters. It's not appropriate for me to recommend a specific attorney, but there are those who do that type of work.... Read More

Unless the police catch you in possession of cannabis, they can't make an arrest of you or your boyfriend for possession. This is a family matter really and its not unusual for parent to challenge choices their kids make. I'm assuming that you are over 18, but still living at home. You'll need to work this out with your folks.... Read More

There is almost no way of answering that question without a much more thorough consultation.  Realistically, even with a more thorough consultation most attorney's would want to see some discovery before they advise you.  In the Commonwealth you don't have to prove your innocence.  Your story seems very thin.  That being said who's to say they can truly tie the actual action to you.  Paper cases can have nuance to them which makes them difficult.  Rather than searching for answers on the internet you need to sit down with an attorney and spend some actual time with them.  In excess of 100k theft you could be looking at substantial jail time.     ... Read More

When you wrote "did not have my CPL", does that mean that you have a license but did not have it with you, or does it mean that you do not possess a valid CPL? Huge difference. If you do not have a CPL you may be charged with carrying a conceraled weapon, which is a 5-year felony offense. If you hold a valid CPL but did not have it with you on that day, it is not nearly as big of a problem. The officer may not have arrested you since you were with your family on a trip. However, the prosecutor's office can seek a warrant for your arrest, depending on your CPL status.... Read More

It really depends on the jurisidiction the warrant is from and the facts of the underlying case. Often the police do not actively seek out people with warrants but instead wait until they are contacted by police for some otehr reason, then the warrant is located and the person arrested.  However, it can be an advantage knowing the warrant is outstanding, especially if you know what bond amount ($$) was set on the warrant, as then you can turn yourself in, at a time convenient for you, and be prepared to post the bond.  ... Read More

Mugshots can be embarrassing and humiliating, sometimes even costing you a job, because it implies that you are associated with some sort of criminal beghavior, even if you didn’t commit the crime, the State dropped the charges or were eventually found not guilty at trial. The first thing to do is to get the record sealed or expunged, meaning it's no longer "in the public domain" and therefore not newsworthy. Getting the mugshot companies to remove the image is a challenge even with a law on the books allowing you to sue them if it's not removed. The problem is serving them with a lawsuite, since most mughshot companies are based off-shore. An attorney can assist you with some parts and coordinate efforts with mugshot removal/reputation management caompanies.  ... Read More

There are a number of factors that will determine whether you are convicted and serve jail time for this offense. Your age, prior criminal history, the facts of your particular case are all considered. You should take the time to speak with an experienced criminal defense attorney before your next Court appearance.... Read More

I beleive we may have previously responded to this question. The proper answer would require a review of the Adult Presentence Report which sets forth the circumstances behind the charges and the gulity plea and the role of the family of the victim. We work closely with clients in similar situations from the biginning of their incarceration to have a 'plan of action' which supports the earliest possible release. We work with the Parole Board staff on a daily basis for their guidance. This has made the approach successful. Please call immediately to discuss. Ed Dimon, Esq. 732-797-1600 ext 235... Read More

The question should be:   Can you LAWYER (PD and private) discuss plea deals with a witness present during a deposition?   Depending on the circumstances, the PD can discuss it with anyone.   for example, the prosecutor had stated he needs to ascertain the victim's position and the attorney is trying to obtain it... Read More

If the car is the subject of a criminal investigation, the Trooper needs to secure a warrant to seize the car or conduct any tests on it...he can't just leave it with you and tell you not to touch it. If it's in public view, he can photograph it, as he would in any traffic case. I suggest you get an attorney to intervene and put the tropper on the correct path and procedure.... Read More