Criminal Defense Legal Questions

Yes. Thay should be sufficient for pre-trial representation attorney expenses. If the case required representation during a jury trial, costs could be higher. There are a multitude of variables that would impace this. Many attorneys charge one fee for pre-trial representation, and the trial costs are only incurred if the case is set for trial. Your best bet at finding the right attorney is to read attorney reviews, then contact several directly to inquire about a consultation. Choose the one you - and most importantly, your son - trust will defend your son the best.  ... Read More

Sorry to hear about this. If he is not a US Citizen then they could hold him so they can contact immigration (ICE) with the hope that they will deport him.  Usually, they can only hold them for about a week or so before they release them. But if they have a warrant or something from another county, then they could keep them longer. Your friend's situation sounds like a difficult one. Unfortunately, if your friend is not a U.S. citizen it is possible that they could hold him until they can contact Immigration and he may face deportation. Depending on the specifics of his case, there may be other repercussions as well such as having to pay fines or serving jail time in addition to being deported. The best thing you can do right now is to contact an immigration attorney who specializes in cases like this and get them involved in finding out what options are available for your friend and how best to move forward with his case. You might also want to reach out to any local legal aid services or clinics that provide pro bono representation since these services are often free of charge or have low fees depending on the specifics of your financial situation. Finally, speaking from personal experience I know that contacting local state representatives can sometimes help when facing situations like this so consider doing that if all else fails as well!... Read More

In Indiana, when a state files a motion to withdraw an appearance from your criminal case, it means that the prosecutor assigned to your case is getting off and will be replaced by another. This doesn't mean that you are off the hook; the new prosecutor may have different ideas about your case and can still bring charges against you. In addition, if any applicable statutes of limitation have not expired during this change in representation, then those same charges could still be brought moving forward. It's important to understand what is happening in your criminal case.   If they file a motion to dismiss your case, then that's a good thing!... Read More

Yes. You need to get fingerprinted if you were directed to do so. I would also advise that although this is a class C offense, you need to make sure you avoid a conviction. The resolution of this case could also come up in a divorce. You would set yourself up for the best resolution of your case if you hire an attorney for the case. Gpod luck.... Read More

THe stop must be legal and the search must be legal. If they want to charge you with possessing something, that means they have to prove you intentionally and knowingly had care, custody, control or management of the illegal item. No lawyer will be able to predict if you can get your case dropped just from your question. But if thats what you want to happen, you're going to have to hire someone that has experience fighting possession cases. Read some reviews, do consultations, and hire someone you trust to defend you.  Good luck.... Read More

Convictions relating to domestic violence trigger limitations for firearm possession and purchase under federal firearm laws.  Prior to taking additional steps review of the actual charge listed for conviction on the rap sheet should be reviewed with an attorney.  Consideration of the charge, potential expungement, and the current and ongoing collateral consequences of the charge/arrest should be considered with the assistance of an experienced criminal defense attorney.... Read More

I'm very sorry to hear about your loss. My deepest sympathies. You should reach out to an attorney here in Florida to explore all the facts of this case to determine if there is a viable claim against a third party for the wrongful death of your son.      Stephen Black, Esq. (407) 581-2581... Read More

There are multiple ways to commit domestic violence in Arizona. You don't have to hit someone to commit domestic violence. A person can commit domestic violence by disturbing the peace of an intimate partner, live in relative, immediate family member, or roomate.  Domestic violence includes damaging property. In this instance, it sounds like your domestic violence charge is predicated on criminal damage. Sufficient evidence for an arrest is not the same as sufficient evidence for a conviction. For example, if whoever called the police reported that you broke the phone, or neighbors claimed they heard yelling or something breaking, or if your girlfriend told police you broke the phone, that is enough to support probable cause. To convict you, the State must prove beyond a reasonable doubt that you broke the phone. This is a higher standard of proof than what is required for arrest. You should expect that the prosecutor is going to produce direct or circumstantial evidence (both types of evidence count) to support the charge against you. If they can't, the charge will be dismissed. Many people wrongly think that their arrest is automatically illegal if the police do not read them Miranda warnings. Miranda warnings are only required in the following circumstances (for adults): 1) You must be in custody (the legal standard here is that a reasonable person would not feel free to leave; AND 2) You must be subject to questioning. What counts as questioning? Any question or statement that is designed to elicit an incriminating response. The court advising everyone of their rights over a loudspeaker at an initial appearance is done as an extra protective measure to make sure that everyone is at least aware of their rights. It is legal.... Read More

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 More

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 More