Criminal Defense Legal Questions

The answer here may depend on whether you are pre or post conviction. If you pled guilty for instance, (or were found guilty at trial) and you now stand convicted of a criminal charge, you may have to give DNA because you were convicted. With that being said, you should ask your attorney about that if that's the case.    If you are pre-conviction and the case is still pending, then it will be specific to your case - in certain circumstances the D.A. can attempt to get a force order to have you swabbed for DNA. Again, this is really something you should be speaking with your attorney about, and he/she should be able to advise you on this. ... Read More

You can absolutely press charges for attempted arson/murder, if and only if, they take single step towards the crime of arson.  You can and should certainly file a police report. The law cannot punish people saying assinine things. But the moment somone does something on a threat, they have just committed a serious crime.   Good luck to you.... Read More

You need to be very careful how you handle this. If there is still a restraining order on you (likely a Jail Release Agreement) you cannot talk to her. You can and will be charged with additional charges if you do. You also cannot have someone else speak to her. You need to contact an attorney to discuss your case. These cases can become very serious very quickly. ... Read More

I think you, or lawyers.com missed labeled this question. It doesn’t appear to be an immigration question. Unless you are an immigrant with or without a Green Card, you must speak with an immigration attorney ASAP. Most immigration attorneys offer a free consultation, so you should be able to get your questions answered at no charge. You will also need to speak to a criminal law attorney.   Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read More

I think you missed labeled this question. It doesn’t appear to be an immigration question. Unless your fiance is an immigrant with or without a Green Card, you must speak with an immigration attorney ASAP. Most immigration attorneys offer a free consultation, so you should be able to get your questions answered at no charge. You will also need to speak to a criminal law attorney.   Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read More

I think you missed labeled this question. It doesn’t appear to be an immigration question. Unless your fiance is an immigrant with or without a Green Card, you must speak with an immigration attorney ASAP. Most immigration attorneys offer a free consultation, so you should be able to get your questions answered at no charge. You will also need to speak to a criminal law attorney.   Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read More

I would be happy to discuss the prospect of representing your husband. However, I do not reccomend anyone hire an attorney for the limited purpose of trying to get someone a lower bond or house arrest. Once an attorney is hired on the case, they are obligated for all matters related to the case, of which the bond is a small issue compared to the years of prison at stake. When there is a motion to revoke probation, the final decision about what happens is with the Judge, not the probation office. The probation office has a reccomendation they make to the DA, and Judge on what they think should happen, but it is not binding. When the probation office alleges a violation of the terms and conditions of probation, they submit a violation report to the District Attorney's Office. The DA then files a motion to revoke probation (motion to adjudicate guilt for deferred adjudication type probation). You are entitled to a bond, but the amount and conditions can vary greatly, depending on the Judge. You can work out an agreement with the DA or set the case for a hearing. At a hearing, you can submit evidence and testimony related to the alleged violations and compliance with probation conditions. The Judge has the option to reinstate probation, extend probation (in some circumstances), add conditions, or revoke and sentence to anywhere within the punishment range for the offense. ... Read More

Because you received a summons and the charges you mentioned, it is best that you contact an attorney to discuss the equities of your case and any possible defenses available to you.  If you fail to show up for your Pleminary Hearing, a bench warrant will be issued for your arrest, so it is best retain the services of a lawyer prior to your hearing given the charges against you. ... Read More

A finer example of extenuating circumstances I have never heard. You will need to respond to the summons. Advise that you contest the charges. Write an explanation and ask that the court dismiss the case. They might. Go to court.  You will have appointed counsel. Typically, you meet with the prosecutor before appearing in court. Advise the prosecutor of the facts and ask that you be let off for extenuating circumstances. Tell them you would never have done this except for the unusual circumstances. If they refuse, say, OK, let's take this before the judge.  Bring lots of friends and pet lovers to be in court to support you. When your case is called, have everyone stand up so the court knows that the public cares about the case. After you step forward, have everyone sit down. Even on Zoom (have people holding their pets on camera!), the judge will see that this case matters to the community. Judges are elected. Politely tell the judge, I would never have done this except for the circumstances and ask that charges be dismissed.   good luck!... Read More

A lot going on there. Any traffic ticket warrants will be handled in a municipal court or justice of the peace court. Those tickets must be either paid, or you have to go to court on them and work them out another way. They are fine only offenses unless you do not pay them or go to court, then they turn into warrants. The vehicle could be in impound related to a criminal charge, but it is impossible to know without knowing the full background and history. If he has a pending evading arrest in a motor vehicle case, that is a serious felony charge. The max punishment is 2-10 yrs in prison, up to a $10,000 fine. He should absolutely find a lawyer to help defend him on that case, and any other he has pending in the county or felony courts.... Read More

Once criminal charges have been filed, the only way you can remove them is by filing a petition for expunction, and obtain an order expunging the criminal history information. If you want to accomplish removal of this info, this is how you can do it. It will cost you about 4 hrs of an attorneys time, plus the filing fee charges by the clerk. It takes 3-6 months to complete. Lawsuits are usually filed two ways: retainer agrements, and contingent fee agreements. You certainly can find an attorney to file a defamation suit for you if you pay a retainer fee (usually 10-15 hrs or more of the hourly rate up front), and then the attorney bills against that until its depleted, then sends you a bill to refill the retainer. If you can afford it, you absolutely can find a lawyer this way. But you will be extremly unlikely to find a lawyer to file a lawsuit for defamation for you on a contingency fee agreement. This type of fee structure means the attorney fronts all the costs for litigation, only getring paid out of a settlement or judgment in the case. The reason? Defamation cases are difficult to prove. In a dismissed criminal charge case, you'd have to prove they intended to file false charges knowing they were false. Damages are hard to prove as well. For those reasons, you are probably not going to find an attorney to file your lawsuit hoping to get paid down the road. If you want it off your record, hire an attorney to help you get it expunged.... Read More

The court usually looks at what his risk of flight is. The stronger the ties to the community, the less the flight risk. So if he has a job, then get a letter from his employer showing how long his employment has been with the company, and that he is a faithful and loyal employee that will most likely continue on into the future, tax return showing stability of income, any property ownership also is helpful. ... Read More

Evading arrest on foot is a Class A Misdemeanor, punishable by up to 1 year in county jail, and a fine not to exceed $4000.  Evading arrest in a motor vehicle is a 3rd degree felony, punishable by 2 to 10 years in prison, and a fine not to exceed $10,000. Mental health issues like bipolar will have a significant impact on the defense tactics most effective in your case. Contact an attorney directly.... Read More

The problem is there isn't a clear answer on this issue. By Utah law you should be fine, but whether you're a restricted person federally is a little less clear. The problem is the way the law is written even a plea held in abeyance can still be used as an enhancement against you and there is an argument that means it wasn't really dismissed. It is a conviction still. I think you would have a good defense to any charges because you wouldn't "knowingly" be violating the law. The best advice is to contact Utah's BCI and ask them to do a background check to see if you're eligible. They should tell you yes and keep any documentation they give you. ... Read More

Under Michigan law, applying the facts as your describe them, the larceny charge would not stand as you cannot be shown to have had the intent to steal. If someone throws money, they cannot say they don't expect others to pick it up. Sadly, the disturbing the peace charge will probably stand. The prosecution will be able to show you intended to interrupt the event and actually did disrupt the event. It is a misdemeanor, expect a fine and community service. It is best to consult with your court appointed attorney on this.... Read More

You should make direct contact with a few criminal defense attorneys to set up consultations regarding your case. Then, after meeting with a few, choose the one you trust to defend your case. PCS 4-200g is a 2nd degree felony. The punishment can be enhanced if you have prior felony convictions. Possession requires INTENT. You must intentionally and knowingly possess an illegal substance (like the 4-200g of CS). If you did not put it there, or drive the vehicle without knowing it was there, you do not have the intent required for a conviction. If you are not guilty, do not plead guilty - just make sure your lawyer knows how to defend these types of cases.  Good luck.... Read More

The answer is maybe.  If one of you is under the age of 18, you are likely to be considered underage in the United States. Your legal ability to marry will depend on the laws of the state where you plan to get married. Each of the 50 U.S. states sets its own rules, and you will need to research them. For example, you may find that in one state you must be 18 years of age to marry, while in another you can marry younger if you can show the consent of your parents. Assuming that you are of legal age to Marry,  you still must get around the obstacle of filing a financial affidavit establishing that you have the minimum level of income to sponsor your fiancé. ... Read More

Your first step if you are charged with a crime is to contact an attorney directly to set up a consultation. Regardless of whether you hire the attorney or not, you can have a privileged conversation about your case and decide how to proceed. If you have not been charged with any crime, you may have a civil cause of action for tbe police misconduct as well.... Read More

Each DA's Office in NYC has different plea policies, however, speaking generally if this is your first offense it is likely that you'll be able to resolve it with a non-criminal resolution to your case. With that being said, the weapon component will probably play a large role in the DA's offer on your case - as you can imagine menacing with a stick is treated much less seriously than menacing with a gun for instance. With that being said, your best bet is to go through all of the specifics of your case with your attorney and he/she will be able to best advise as to their expectations for the resolution of your case. ... Read More

From what you're saying, it's possible that the police department has a warrant out for your arrest. This can come up any time that law enforcement runs your name in their system - such as if you're pulled over for a traffic stop. With that being said, your best bet here is to contact an attorney who can speak to the police department for you, find out whether or not there is an active warrant for your arrest, find out what the charges are against you, and potentially arrange a voluntary surrender to clear up the warrant and start fighting the case.    As far as what you may be charged with, from what you've stated it seems that it's possible you may be charged with petit or even grand larceny depending on the amount of money that they are alleging you stole. With that being said, being charged with a crime does not give you a criminal record in and of itself. After you are charged and arraigned, your attorney will be provided discovery materials related to your case, will be able to examine the evidence and discuss it with you, advise you on what viable defenses exist as well as the potential for plea bargaining with the District Attorney's Office for a favorable resolution to your case. Understand though, that the simple omission of video does not necessarily mean that you can't be charged with a crime. Oftentimes people are charged with a crime where there is not direct evidence such as video or DNA, but rather they are charged with circumstantial evidence such as your pin code having been used to open the register when the money went missing.    At any rate, from what you've said you may be at risk of being arrested, so you should definitely consider consulting an attorney who can fight your case for you. ... Read More