Jennifer Anne Fitzgerald’s Answers

Jennifer Anne Fitzgerald

Jamestown Criminal Defense Attorney.

Contributor Level 7
  1. I was given a citation for the possession of alcohol as a minor. Is there a way for me to get this expunged from my record?

    Answered about 2 years ago.

    1. Joel Richard Beck
    2. Jennifer Anne Fitzgerald
    3. Robert M. Gardner Jr.
    3 lawyer answers

    First of all, your step-brother is potentially in far worse trouble than you are: furnishing alcohol to a minor is a huge no-no in most states. In Georgia, It is illegal for anyone to knowingly furnish alcohol or permit a person under 21 to consume an alcoholic beverage. The penalty he faces if charged and convicted of the crime is a fine of not less than $750 and not more than $1,000, and/or up to a year in Jail. (Georgia Code § 3-3-23.1). In many states furnishing alcohol to minors is a...

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  2. Can my son move out of the state after being charged with a DUI in the state of Oregon?

    Answered about 2 years ago.

    1. Mark C Cogan
    2. Jennifer Anne Fitzgerald
    3. John Skyler Riordan
    4. Benjamin J Lieberman
    4 lawyer answers

    Criminal laws are state specific, and although DUI is illegal in all fifty states, each one of those states has it's own unique law defining the scope of the crime as well as the punishment for it. Violations of state criminal statutes must be prosecuted in state criminal courts, there are no exceptions whatsoever. However, if your son is out on personal recognizance or bail pending resolution of the Oregon DUI, it is likely a condition of his release that he not leave the state without...

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  3. Under what circumstances can a photo lineup identification be suppressed

    Answered about 2 years ago.

    1. Jennifer Anne Fitzgerald
    2. James E Smith Esq
    2 lawyer answers

    It sounds from your question that you are looking to have the out of court identification of the defendant suppressed, but from the facts that you've provided, it doesn't sound like there actually has been an out of court identification of the defendant. If the victim told police that the person in the picture is "possibly" the guy who robbed himi, or that he "may be" the guy that robbed him, that's not an identification. It sounds like the victim clearly did NOT identify the defendant at the...

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  4. My friend stole 2 items at least 100 worth of things and walked out of the store at the moment scotch free.

    Answered about 2 years ago.

    1. Jennifer Anne Fitzgerald
    2. James E Smith Esq
    3. Benjamin J Lieberman
    3 lawyer answers

    Can they catch your friend (arrest and charge him) at a later time? Yes. Will they? Probably not. It sounds as though your friend committed the crime of shoplifting. Shoplifters are usually arrested and charged after being caught red handed by store security or regular store employee. In Rhode Island, the store can make what is akin to a citizen's arrest until police arrive. I have been practicing law for twelve years and I have never seen a case where a shoplifter was arrested and...

    3 lawyers agreed with this answer

  5. When I first moved into my apartment I paid first, last, & security. Do I have to pay last month rent? I want to move out today.

    Answered about 2 months ago.

    1. Jennifer Anne Fitzgerald
    2. John T. Longo
    3. Neville Joseph Bedford
    3 lawyer answers

    You do not have to pay last months rent. If you paid first, last, and security when you moved in, which is arguably illegal and Rhode Island, then your last month's rent is definitely paid for.

    2 lawyers agreed with this answer

  6. My son in law just filed for divorce on Monday, 7/23. He informed my daughter that he is cancelling her car insurance on Mon.

    Answered about 2 years ago.

    1. Howard M Lewis
    2. Timothy James Conlon
    3. Jennifer Anne Fitzgerald
    4. Jeff Adrian Biddle
    4 lawyer answers

    Pursuant to RI Statute, an automatic financial restraining order issues upon the filing of a complaint for divorce. The statute is RIGL Section 15-5-14.1 and I have attached a a link to the law's full text for your review. Subsection (f) specifically prohibits your son in law from cancelling the car insurance policy; subsection (f) states as follows: " (f) Neither party shall change the beneficiaries of any existing life insurance policies, and each party shall maintain the existing...

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  7. What should I do about my warrant?

    Answered about 2 years ago.

    1. William David Umansky
    2. Zahra Shanaz Umansky
    3. Jennifer Anne Fitzgerald
    3 lawyer answers

    If you are indigent and don't have the money to hire a private attorney, and there is a warrant outstanding for your arrest for a felony, you should call the public defender's office and explain your predicament. Most state public defender's offices have an attorney available in the courtroom when people are presented before a judge after being picked up on a warrant. It is always better to turn yourself in, as opposed to waiting to get picked up, because the judge will ultimately have to...

    3 lawyers agreed with this answer

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  8. Got in trouble stealing from walmart what's going to happen cops were called but not arristed. I do have a pro felony chared bu

    Answered 11 months ago.

    1. William David Umansky
    2. Amir A. Ladan
    3. Jennifer Anne Fitzgerald
    3 lawyer answers

    It really depends upon the particular facts of your case. Under Florida Law, you need only "endeavor" to steal, which includes such things as concealing merchandise on your person while inside the store even if you never leave the store. It could also include removing the price tag or tampering with a security device. If the police were called and they took a report, likely you will receive a summons to appear in court at a future date, and if so you should consult with a criminal defense...

    3 lawyers agreed with this answer

  9. I lied about my car being stolen. I had someone get rid of it. He had it burned. I was called into the Fire Marshall's office.

    Answered about 2 years ago.

    1. Jay K Goldberg
    2. John M. Cromwell
    3. Jennifer Anne Fitzgerald
    4. Joseph A Lo Piccolo
    5. Benjamin J Lieberman
    5 lawyer answers

    This is one of those cases that you really and truly must have a qualified, experienced criminal defense attorney represent you in.

    3 lawyers agreed with this answer

  10. Lease agreement with an specific stipulation of no trespassing of one of my neighbor? Legal?

    Answered about 2 months ago.

    1. Jennifer Anne Fitzgerald
    2. John T. Longo
    3. Neville Joseph Bedford
    3 lawyer answers

    Generally speaking, a lease provision prohibiting the tenant from allowing a specific individual to visit at the rented premises is unlawful and invalid. Provisions limiting a tenant's right to have overnight guests at the rental property, if reasonable, are valid and enforceable; however, the landlord generally cannot dictate specifically whom the tenant may associate with at his or her rental property. However, since you live at the property yourself, you might be able to achieve the...

    1 lawyer agreed with this answer