Felonies Legal Questions

Unfortunately, he is looking at 5 years to life on those charges.  He would need to serve 85% of any sentence on those two charges before he would be eligible for parole.  It would be best to get the ACA dismissed. Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create an attorney/client relationship.... Read More

First let me make it clear that this answer in no way is to be taken as forming an attorney/client relationship. If your son has a bad lawyer, hire him a criminal lawyer, even if you need to mortgage your house to do so.  If he takes the plea, that is the end of the case.  If you think his lawyer was bad during the case, his lawyer will do no better, IMO, on the appeal.  If your son is truely innocent, he needs a lawyer who handles felonies, and that can be expensive, especially at the appellate level.  Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

 First let me say that this answer in no way createsw a lawyer/client relationship. Yes, by court order the court can order a DNA sample.  This merely involves a swab of your mouth. If you are innocent, you have nothing to fear, as this may clear you.  If you are guilty your lawyers could have objected, but the court has now ruled, and this in no way violates your civil rights.  I practice both internal medicne and law in S.C. Michael G. Sribnick, M.D., J.D., LLC attorney at law. Visit me at www.michaelsribnicklaw.com    ... Read More

  Without knowing more about the case, that is a difficult question to answer. Being charged with a felony is a serious matter. Your friend should consult with an experienced criminal defense attorney. That lawyer can review the facts with him, the police reports, etc. and then can properly advise him of his options.   This posting is for informational purposes only and should not be considered legal advice nor the establishment of an attorney-client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, Il 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com https://www.facebook.com/pages/Lori-G-Levin-Attorney-at-Law/210343479896 @LoriLevin @Twitter... Read More

The DA should never keep your property without a lawful basis, but we do see that all the time.  For instance, someone is pulled over on suspicion of DUI and found not to be intoxicated, but is in possession of a handgun.  No crime has been committed and there is no basis for seizure, but the police often seize the gun anyhow and require the client to file a forfeiture petition to get the gun back.   Since the costs to file the petition sometimes exceed the value of the gun many people just walk away.  If you do file the petition in that situation you would be likely to get return of the firearm.  In your case you need to consult with a good lawyer familiar with all of the facts of your case.  Steve... Read More

There's a chance the prosecutor would sympathize with her situation and agree not to file charges if she completed certain programs prior to dismissal.  Just kind of depends on the jurisdiction and the prosecutor.  In any event, she is going to need to retain an attorney. Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create an attorney/client relationship.... Read More

your son must apply asap for ISP. it is not automatic. you son must also serve a minimum period to be eligible. the prosecutor has the right to object to ISP. please let us know if we can help with ISP. ISP is a great program. we have had good fortune with getting defendants into the ISP program. please let us know if we can help. ed dimon, esq.... Read More

   The fact situation that you have posed is very serious. If the person is charged with aggravated unlawful use of a weapon without a FOID card, the offense is not probationable. That being stated, there may be appropriate pre-trial motions in this case. Please contact an experienced criminal defense attorney to aid the person charged.    This posting is for informational purposes only and does not constitute legal advice nor establish an attorney-client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com https://www.facebook.com/pages/Lori-G-Levin-Attorney-at-Law/210343479896?hc_location=stream... Read More

It is common for a judge to ask whether you are under the influence of anything at the time of your plea.  If you were asked and denied it, that is not good.  What are you trying to accomplish?  If it was never mentioned, then you could petition the court to reopen your case as your plea wasnt proper if you were under the influence.... Read More

Having a lawyer present is always helpful. However, the arraignment is merely a formal reading of the charges and the setting of bond. Raising the question of criminal responsibility is a matter best left to an attorney. Both your son's mental ability to understand the charges against him, as well as the nature of the proceedings, the role of the court, prosecutor and witnesses, as well as his ability to understand and assist in his defense are matters that need to be addressed, separately from his criminal responsibility. Unfortunately some courts will not address criminal responsibility  in felony cases until the matter has been bound over to the circuit court. But none the less the  issue does need to be preserved, and his competency to stand trial addressed as soon as possible.... Read More

Juvenile records are not disseminated to the public in Massachusetts. If you were not indicted as a youthful offender the matters will automatically be sealed.  If you were indicted as a youthful offender then the matter will appear on your adult record.  Felonies can be sealed 10 years from the termination of jail, probation and/or parole administratively through the Office of the Commissioner of Probation. They may be sealed by motion through the court before the 10 year period. For further information on sealing a record see my website at www.johnedevito.com.... Read More

  Without additional information, it is difficult to answer your question. You do not indicate why your boyfriend is on probation and if a petition to violate the probation has been filed. Additionally, your boyfriend may be charged with a misdemeanor DUI or possibly a felony DUI. All of these issues factor into the possibility that he may serve time in jail or the penitentiary.    It is always best to consult with an experienced criminal defense attorney to determine a course of strategy and a defense.    This posting is for informational purposes only and does not constitute legal advice nor the establishment of an attorney-client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More

It appears from your question that the Defendant was tried on multiple counts of CSC. Those convictions were appealed to the Court of Appeals. The Court of Appeals upheld one of Defendant's convictions (count 4) for CSC II but reversed the conviction on the other charge that was appealed, apparently because it was not properly charged. Since the Defendant is now guilty of one less charge than he was originally sentenced on, the Court of Appeals remanded the matter to the trial court to determine if the sentence needed to be changed or modified in any way due to their decision.... Read More