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Jennifer Anne Fitzgerald

Jennifer Fitzgerald’s Answers

48 total


  • If it says criminal direct filed on drug charge what does that mean however the person I was with it does not say that why

    There was a firearm drugs and pills the driver took the firearm both we both got charged for possession and drug parhaellia but on my case info is criminal direct filed but not on his does that mean I am indicted and he is not

    Jennifer’s Answer

    are you a juvenile and your friend an adult? "Direct file" is a term that is often used to describe what happens when a prosecutor has the authority to charge you as an adult by directly filing the charge in the adult court without having to seek permission from the juvenile court. I've never heard the term "direct file" used in connection with an indictment.

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  • Is probable cause enough to search a locked glove box or trunk?

    My friend is saying that if you get pulled over and the cops DO have probable cause, they can search your car. However, if your trunk or glove box is locked, he says that the police would need a warrent and wouldn't legally be able to open it or m...

    Jennifer’s Answer

    it depends on the circumstances. Police only made reasonable articulable suspicion (something a little lesser than probable cause) to stop your car, but they do need probable cause to search it, assuming that you don't consent to the search. if police have probable cause to believe that your car contains contraband than they can search your car without a warrant; in order to search a closed container within your car, they would have to have particular rise suspicion – in other words they would have to have some particular reason for believing that the contraband they believe is in your car might be Inside that closed container. If you are under arrest, police can seize your vehicle and Tow it to the police station for safekeeping. Once they seize your vehicle they can conduct what's called an inventory search which is purportedly to protect police against allegations of theft. It doesn't matter what you are arrested for or whether or not they have any reason to believe your car contains contraband because the purpose of the search of your car is to create a list of all of the items contained within it so that you cannot say, once you are released, that your brand-new laptop was in the car when you were arrested and It was not in the car when you were released. Although I have to point out here that in my 13 years of experience in practicing criminal defense law I have never once seen an actual inventory list of items contained with in an arrestee's car.In my humble opinion, when police are conducting inventory searches of automobiles they have impounded, they are not the slightest bit concerned with protecting themselves from allegations of theft,.

    if you are not breaking any laws and you are not under arrest, police are allowed to temporarily detain you for a brief period of time in order to investigate The situation.

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  • 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.

    Help please.

    Jennifer’s Answer

    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.

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

    An ex tenant who was very disruptive previously and we continue to have problems with, now lives on the same street. Can I add an stipulation specifically mentioning this person is not allowed in the property on a new lease?is it legal? I have new...

    Jennifer’s Answer

    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 result you're looking for by seeking a restraining order against The former tenant who continues to harass you. I think it would depend on the setup of the property (the proximity of your residence to the rented residence and whether or not you share common areas, etc.

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  • Can family be held liable for unlicensed father in law if an accident (and injury) occurs?

    My father in law no longer has a valid driver's license (visual impairment the eye dr. would not sign off on) and he is driving every day. His children and other family members have spoken with him about the implications and that his insurance (th...

    Jennifer’s Answer

    Whose car is he driving? If it is your car or that of another family member, and whomever owns the car is passively allowing it to happen then the owner might be on the hook if father-in-law damages something or hurts someone. Otherwise, You're not responsible for what your father-in-law does, and neither are his other family members.

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  • What is diversion and what is informal adjustment in the juvenile justice system?

    What is the difference between diversion and informal adjustment? Are they the same thing?

    Jennifer’s Answer

    The essential difference between informal adjustment and diversion is usually the level of court involvment; both generally apply to first time offenders and juveniles with a short history of relatively minor offenses. When a case is informally adjusted, the juvenile is required to keep the peace and be of good behavior, as well as comply with any number of thtings including counselling and community service,. The juvenile's progress is usually monitored by court employee or judicial support staff. When a child is sent to diversion, he or she is literally "diverted" away from court involvement; the child is given an opportunity to show he/she can maintain good behavior and engage in various social services (if offere) without the formal filing of a petition with the court, and without the court invoking jurisdiction over the child.

    Exception: if you are in Rhode Island and the issue is one of truancy, there is a truancy court run by the RI Family court which is overseen by Family Court Magistrates. It's now been dubbed a "Truancy diversion program" despite the fact that kids are required to appear before judicial officers empowered to issue orders. if it is a truancy issue, my best advice is to hire a qualified juvenile defense attorney to represent you.

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  • 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

    It ex sponged. Now what will happen

    Jennifer’s Answer

    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 attorney.

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  • I was incarcerated for 10 days longer than my charge carried can i sue

    I was in jail for a disorderly conduct and sat in jail 42 days before they scheduled my change of plea. The charge only carried 30 days, can i sue for the extra time i was in jail? I wrote twice for them to move up my court date because of this an...

    Jennifer’s Answer

    First of all, I'm sorry to hear you were incarcerated for any length of time on a disorderly conduct charge, not to mention 12 days longer than the law allows. Were you appointed an attorney to represent you? I agree with Counsel's answer re: your ability to sue, and would suggest that you hang onto any paperwork which documents damages you suffered as a result of the 12 extra days. One thing I did want to point out; however, is that if you were charged with any additional charges that were dismissed at the time you changed your plea to the disorderly, then the 12 days would not be unlawful....provided that the other charge(s) called for a longer sentence than 30 days if you'd been convicted. I realize that you indicated that you were only charged with disorderly, and hopefully that's the case so you can at least get some compensation. 43 days is a long time to sit in jail for a non violent offense.

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  • So i was caught shoplifting and i was send to a a person and she decided not to send my case to juvenile court

    do i have a criminal record even if my case was sealed nd i only payed a fine should i still apply for the deferred action also it was a misdemeanor

    Jennifer’s Answer

    Counsel is right, you have no record to speak of. Juvenile records sealed, and not availiable to the public for inspection, there are extremely limited circumstances where a juvenile record can be disclosed to specific persons, such as the military. But in your case, you don't even have a "Juvenile record", you literally have NO record. Your case was "diverted" from prosecution. It wasn't prosecuted and the court never even took jurisdiction over you. If you had not cooperated with the juveniles services division (and looks like you did) then your case would have gone before a juvenile judge. You can breathe easy and forget all about that incident for good.

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  • I'm a tenant who's breaking a 1 yr contract in an apt. Landlord already rented it for the month after I leave. How do I get it?

    It's a 1 yr contract in RI. Stated in January 1st. Leaving August 30th. He has it rented for Sept 1st.

    Jennifer’s Answer

    Do you mean it is a one year lease, starting January1st, and it is due to expire January 1st 2013, but you are moving out on August 30th instead? If that is the case, you're lucky, because although the landlord has a duty to mitigate damages when a tenant breaks a lease, (i.e. the landlord has to make a good faith effort to rerent the place asap after you leave, you are legally on the hook for the days that the apartment remains empty while the landlord is trying to rerent it.) In this case the place has been rerented, and unless you caused any property damage other than ordinary wear and tear, you will be entitled to the return of your entire security deposit. The landlord has to return the deposit within 20 days of you moving out, as long as you provide the landlord with your forwarding address. Do that right away, mail your landlord your forwarding address and you should have your security deposit no later than Sept. 20th.

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