Felonies Legal Questions

If you're not satisfied with your court appointed lawyer, you need to hire one that will fight for you. I have gone to trial on lots of "he said/she said" cases. Usually, a very close look at whatever evidence they have can yield at least enough of a foothold for a defense to be put on.  Don't skip town to avoid the sentence. That's probably the worst thing you could do. Skipping town will toll the statute of limitations. What that means is that if you run, and they catch you, in a week, or a month, or a year, or twenty years, you'll have to face the sentence imposed. Also, you'll have a new felony charge to go with it, for jumping your bond. Further, if you're skipping town before entering a plea, that will in all likelihood guarantee that the Judge and DA refuse to honor that plea. So, yes, it will get worse. A lot worse. Find a way to hire an attorney you trust. That's, generally, the best way to ensure you get a fair resolution to your case, in my opinion.... Read More

the police are upset because you filed a report with them or called them and said your life was in danger. the police have an obligation to investigate when such a claim is made. i would prepare a written statement for the police explaining in detail what happened. i would have your witnesses prepare a similar statement. i would then thank the police for investigating this threat against your life. you should be able to address these issues with the police. ed dimon, esq.... Read More

the key is when the police determined that you should be charged with an offense. have you been arrested for the charge ? has there been an investigation ? the time does not begin to 'toll' until there has been an investigation and charge. i would need more facts. ed dimon, esq. 732-797-1600... Read More

If you have a lawyer you need to talk to him or her right away.  If the state has not filed the charges it may be possible to get it dropped early.  If it has been filed or they do file it, this is vital information for your defense.  Unfortunately, you are not going to be able to properly present it without the assistance of an attorney.  If you are not able to afford an attorney you need to ask the court to appoint one for you at your next court hearing or go to your local public defender's office and ask them the procedure to get an appointed attorney.  If you are going to retain an attorney I would suggest doing so earlier rather than later.  Make sure it is an attorney who specializes or concentrates on criminal defense.... Read More

you should hire an attorney asap. the shoplifting charge will be on your record and there is a good chance that the army will hold this against you given that we are downsizing the army. these cases are difficult in that jc penney is losing money because of shoplifting. as such, these stores are taking a 'hardline' on plea bargains. we have had good success working with the large stores on reduced charges so as to avoid community service and a shoplifting record. ed dimon, esq. 732-797-1600... Read More

There is no longer any such thing as debtor's prison.  You cannot go to jail for failure to pay a debt, unless it is child support, but even then you would have the opportunity in court to pay it before you are sent to jail.  Even if the debt you owe is due to criminal activity, such as theft or embezzlement, this would still be a highly unusual way for it to be handled.  More likely, the sheriff or police would simply come arrest and charge you.  It sounds like you have been the victim of highly unscrupulous debt collectors or scam artists.  If they call again, you should try to get additional information from them and have them send you something in writing verifying the information. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

It is the Judge in any particular court that can (and usually does) impose bond restrictions on any particular kind of case (and usually does). The Judge has pretty broad discretion to impose any restriction they think is fair. It is not uncommon for the restriction you mentioned to be imposed on a case of that nature. It is possible to get a bond condition changed. What would need to happen is that your attorney would need to approach the Judge and discuss it. If the Judge agrees, it can be changed. If not, then not.  Also, there is a legal defense available in your case. You need to hire a good attorney to ensure you are properly protected. It's not illegal to discipline a child.  Rick... Read More

There are two different issues in this question. 1. Can you even be charged with a felony?    Generally speaking, people 18 years and older can be charged with felonies. However, there must be a basis to charge the felony.  Those are contained within 720 ILCS 5/12-3.05 for Aggravated Battery.  For example, if you fought on the street, or caused great bodily harm there is a charge of aggravated battery for you.  In the typical situation, there is no felony charge for an 18 year old hitting a 16 year old on the basis of age itself.  2. If you are charged with a felony, will you be convicted?   The basic question you ask here is whether your use of force was justified.  The law in this area is located at 720 ILCS 5/7-1.  Significantly, there is an exception for whether self defense was justified for aggressors, located at 720 ILCS 5/7-4.  There are a lot of facts where it is possible that the person who swung first was not the "aggressor", but was in fact defending themselves from the aggressor.   For example, suppose somebody pointed a gun at your head.  They never actually touch you, but you think they are about to shoot you.  In that situation, the law may provide an exception and permit you to swing first.  The answer to your question is, "It depends."  There's a lot of ways a simple battery can be charged as a felony aggravated, and there's a lot of exceptions which permit aggravated battery charges to be filed against somebody who was not the first person to swing.    ... Read More

an arrest will appear on your record if the arresting authorities acted properly. we can check to determine what the record will show. i would also think about getting the arrest 'expunged'. after the expungement is granted, you can legally answer that you have not been arrested. the cost is $1500. ed dimon, esq. 732-797-1600... Read More

That may be true. If no one was living there the correct charge may be Burglary of a Building, or perhaps a Theft case could be negotiated on your behalf. If it can be argued that the building was abandoned, and so with it the property inside, then it's theoretically possible no charges should be filed.... Read More

It's definitely not a good thing that he picked up the new case; especially since it's essentially the same kind of case (burglary and theft are both basically thefts). But, there's no guarantee he'll do prison time. It really depends on the County in which he is charged. It depends on the facts of the new theft case. How long he's been on the probation. What kind of probation he's currently on (straight probation or deferred). Any prior criminal history. There's a bunch of factors that go into what happens next. If he doesn't already have one, he needs to hire an attorney immediately, to try and minimize the damage.... Read More

What you have described is a very serious felony offense. There is no question you will have to return here in order to answer to the charges. There may also have been an additional charge filed for felony bond jumping. If you're still overseas, you'll need to coordinate your return and the defense against the charges with your attorney. Feel free to respond with some additional information so that I can give you better guidance.... Read More