Felonies Legal Questions

You should really hire an attorney, if you're able: 1. There could be a constitutional violation with respect to the search of your car.  2. Field testing for drugs is very unreliable, and from the sound of it, the officer had no idea what the substance was.  There could be other issues with the case an experienced attorney can leverage in an attempt to resolve the case in your favor.  Feel free to contact me if you have more specific questions.  Best,  Rick ... Read More

It sounds as though you may benefit from an expungement, rather than a pardon. An expungement removes the crime from your official government records and allows you to tell people and employers that you've never been convicted. There may be limitations, however, depending on your individual circumstances. For instance, to expunge a felony conviction, you must wait 7 years after you were released from prison, probation, or parole. There are also certain crimes - like violent crimes - which are ineligible, and additional crimes on your record could disqualify you. More details can be found here: https://www.utcourts.gov/howto/expunge/. An experienced criminal attorney can help you to figure out whether you are eligible for expungement based on the details of the crime, your criminal history, and the length of time that has passed.... Read More

Under Tennessee law effective July 1, 2012, an individual can have certain prior criminal convictions removed from the public records. This removal process is called "expungement". The "expungement" process, subject to certain exceptions, is for either a low grade felony (where the punishment received was three (3) years or less) or misdemeanor convictions, it has been five (5) years since you were released from jail, parole or probation and during that five (5) year period you have not had any new convictions. Once these prior convictions are expunged from your record, certain civil rights which you lost upon your conviction are restored, such as your right to vote, possess a firearm and/or to obtain a firearm permit... Read More

I have experienced countless clients whose criminal record was very different than they believed.  An attorney can review the official criminal history and determine possible options to remove information.  Client's should not "assume" to know the contents without detailed review of the official criminal history. For example, individuals are routinely charged with a felony, but convicted of misdemeanors that are eligible for expungement.  Many individuals benefit from the expungement process, even if the process does not completely clear the record.  Most Solicitor's office can provide the basic applications, but remember -- they do not represent you.  ... Read More

The assistant public defender that you are working with is under an obligation to file a request with the state to provide all of the evidence against you and is under an obligation to show you all of the evidence. The burden is not upon you to prove your innocence. The burden is upon the state to prove your guilt. You are more than likely being represented by an assistant public defender and not the actual public defender. Go to the public defender and voice your complaints. If this does not get you anywhere, you can notify the judge about your complaint. If you are not guilty, then don't plead guilty.... Read More

I believe I answered this question for you when I spoke to you over the telephone. However, your exact question was how do you sue them.   The answer to this question is that you contact a supervising officer at the department and ask for a further review. In the alternative, if you do not obtain a satisfactory response, you can also report the matter to Internal Affairs. Internal Affairs will determine if an investigation is warranted.  ... Read More

You will need to talk with an attorney who specializes in Crimimal Defense.  You should consider one who has achieved Board Certification in Criminal Trial Law because under Florida's sentencing code, if someone is convicted of Aggravated Battery with  a dangerous weapon there   is normally mandatory prision involved even with no prior record.  Many times there is a way to win the charge, get it reduced, or get the sentence lowered.   ... Read More

The concern would be accessibility to the gun. The other person owns the gun.   Among other things, you are not allowed to possess or control the gun. Generally, that means the gun cannot be left in a place where it is accessible to you. There are exceptions and any lawyer you consult must know all the details.... Read More

You must either pay the amount owed ASAP or report ASAP that your sister engaged in these fraudulenot activities. In fact, it may be too late to notify the credit card companies. They will correctly argue that you were aware of the fraud and remained silent. Immediate notice is crucial. You should also seek professional help for your sister. You need to have the doctor explain her actions. Please call to discuss. Ed Dimon 732-797-1600... Read More

Unless you paid an attorney to file a petition to expunge the arrest records the FBI search will reveal it. Still, even if you had paid an attorney to expunge the arrest records, the FBI could probably still see the ticket. It sounds like the judge was talking about a deferred disposition. I call those slow dismissals. So, once the probationary period (usually 90 days for most traffic offenses) is over, the case is procedurally dismissed. Dismissed is not the same thing as "not on my record." Dismissed means there will not be a final conviction on your permanent criminal record. In your case, what the FBI will see is that you were arrested and charged with a Class C theft, and that the case was ultimately dismissed.  ... Read More

First of all, if you were at a sentencing you must have entered a plea to a charge, if it was a felony I am assuming you had an attorney either appointed or hired.  That is something you should have discussed with the attorney and should now if you are not clear.  Throwing something on someone such as a substance can still be a battery.  Since there were no injuries the only thing that would make it a felony is the status of the person it was thrown on.  If the person was over 65 any battery becomes a felony, there are also other people that can apply to, but I would guess that is the one that would apply in your case. If your case is not over and you do not have an attorney I would contact one in your area right away.    ... Read More