Felonies Legal Questions

It is hard to say what is in your best interest. You state that she made these allegations, but you do not state if there is any truth to them, or if there are any witnesses. But once the warrant has been issued and you have been arrested it is no longer up to her whether or not the charges are dismissed. That decision is entirely up to the Prosecutor. The Prosecutor may take her wishes into consideration if she advised him that she does not wish to prosecute, and the Prosecutor does not believe she is being  pressured to dismiss the charges, on the other hand if there are independent  witnesses, he may decide to proceed anyway. The same applies to her appearance at court. If there are no other witnesses the Prosecutor will have to dismiss, but it is a dismissal without prejudice, so he can reinstate the charges almost anytime he likes. In addition, if she has been properly served with a subpoena, the Prosecutor may elect to seek a contempt of court warrant for her failure to appear.... Read More

No, under these circumstances you probably may not file an appeal. It appears that your trial occurred sometime  in 2007 -2008, making your conviction at least 5 years old. MCR 7.204 is jurisdictional (meaning if the appeal is not filed in time the court lacks the authority to hear it)  and governs an appeal of right the time limit for filing an appeal of right is 42 days from specified events (all of which must occur within a relatively short time frame of your trial). MCR 7.205 governs Applications for Leave to Appeal, and delayed Applications for Leave to Appeal. The time frame for Applications is 6 months from specified events, again of which occur within a relatively short time frame of trial. If you could point to some specific evidence that the Prosecutor also engaged in misconduct in your case, that resulted in a miscarriage of justice or a fundamentally unfair trial, it is possible you might be able to obtain relief under a Rule 6300 motion. However jut because she engaged in misconduct in one case it does not mean she did so in all cases.... Read More

I am going to assume that you are asking if someone commits a larceny in 1 state and then moves to another, will the law pursue. Probably. The DA will go forward if they have the evidence and either file a felony complaint or get an indictment. They will try and contact the defendant. If they can't contact the defendant, they will get a warrant for the defendant's arrest. If the defendant is arrested pursuant to the warrant, he will be held for up to 90 days while the jurisdiction that got the warrant files papers showing reasonable cause to believe the defendant did the crime. Then the defendant will be picked up. Whether the prosecutor will go forward is anyone's guess.   ... Read More

you must first resolve the charge for writing the check. this must be done in the court where you were charged. after you have resolved this 'check writing' charge, you can address your 'loss of license' with the NJ DMV. given the 17 year passage of time, you will need an attorney for both matters if you want to be successful. the cost for two matters will be significant. ed dimon, esq.... Read More

The Statute of Limitations is a time limit set for the State of Florida to file charges against you.  Generally, it starts on the date of the offense.  However, there are exceptions.  For felonies in Florida, the statute of limitations could be as short as 3 years.  Each case is different and needs to be considered separately. You need to speak to a Florida attorney to get a more definite answer.  If the case is in Charlotte, Lee, Hendry, Sarasota, Manatee or Desoto counties, you may call my office at (941) 255-5525.... Read More

When you ask if you might need to retain a lawyer, I assume you must have a public defender if you are talking about a felony charge.  Public defenders are lawyers and they should be able to answer your question.  A withholding of adjudication means that it is not an  conviction of the charge.  Even though you are sentenced you can say you were not convicted.  You probably need to talk with your public defender in more depth and discuss any other alternatives.  If you can not get an answer then you may want to retain a private attorney.  This could be a very important decision on your part. ... Read More

You can be revoked for missing an appointment with your P.O.  If you have not missed it already, I would go unless I am told otherwise by the P.O.  If you already missed it I hope you have visited a doctor and have some sort of note or proof that you are sick.  Every P.O. Is different and howmyour P.O. responds to this will depend on your relationship with him/her and how well you have been doing on probation/parole.  Either way, I would see a doctor and get proof ofmyour flu and provide it to the P.O.  ... Read More

Convictions cannot be expunged in Virginia.  However, people convicted of felonies can often have their rights restored and can petition the governor for a pardon.  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

   Please contact your local state's attorney's office. When charges are pressed against an individual, it is the People of the State of Illinois v. that individual. Complainants are witnesses for the prosecution.    Should you wish to sue the adult, please contact a lawyer who handles personal injury cases.    This posting should not be considered legal advice and is for informational purposes only. It also does not establish an attorney-client relationship between the parties. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 888-748-4095 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More

If you have not called a criminal defense attorney yet, you need to do so immediately.  If this occurred in Lee, Hendry, Charlotte, Desoto, Sarasota or Manatee counties, you can call my office and I will be happy to discuss it with you.  If not, use lawyers.com to find an attorney.  Most will consult with you for free. ... Read More

In the state of New York, petit larceny is not a felony.  (Penal Law 155.25).  Before submitting any information on a college application, be sure to read the question carefully.  For example, if they only request disclosures of convictions (misdemeanor or felony), you would not have to admit to a petit larceny arrest that was resolved by a disposition of a violation, not a crime, or if you received an Adjournment in Contemplation of Dismissal pursuant to Criminal Procedure Law 170.55. ... Read More

Theoretically if there is physical evidence that a murder (homicide) was committed and that a particular person committed it,  I would expect that the person would be arrested and charged. Whether the charge would be murder or manslaughter depends on what the prosecutor thinks that they could prove at trial. As to lack of a specific reason,  I can't imagine that there would be no possible motive that a prosecutor could argue  to the jury. ... Read More