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Robert A Serafinowicz

Robert Serafinowicz’s Answers

19 total


  • If my 17 year old boyfriend got me pregnant and I'm 15 could he go to jail?? if he didn't force me and I let him get me pregnant

    If he's 17 an I'm 15 could he go to jail if I let him get me pregnant

    Robert’s Answer

    Below is the text of the governing statute:

    (a) Statutory rape is sexual penetration of a victim by the defendant or of the defendant by the victim when the victim is at least thirteen (13) but less than eighteen (18) years of age and the defendant is at least four (4) years older than the victim.

    It appears because he is not 4 years older than you that his going to jail is highly unlikely.

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  • I have 2 offenses one ticket. Speeding 20 miles over and failure to obey traffic control device.

    Which charge will I have a better chance of beating in court and which one should I dismiss through driving school.

    Robert’s Answer

    Perhaps you can offer to pay a sum to charity to take care of your speeding ticket and use the class to take care of the other charge.

    The best advice you can get is to be a more careful driver. You put yourself in a situation where your insurance rates will likely rise and now you have to spend time and effort to deal with this situation. I am sure you have better things to do and the fact you were pulled over likely made you late rendering moot your exceeding the speed limit.

    You can hurt someone by driving this way and that is something you may feel guilty about the rest of your life. Unless your driving to the hospital it makes little sense to exceed the speed limit by as much as you did.

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  • Is enter house to commit a&b and grand larceny violant charges? i only got one year probation. and no jail time

    and i really wish va did expungment after u been convicted.

    Robert’s Answer

    In Connecticut this is considered a home invasion with ten years mandatory jail time. You got a great deal but normally on any background check assault and battery is considered a violent offense.

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  • Where does the knowledge of malicious behavior begin, and where does it end?

    I work part-time in a hobby store that sells video games, etc. We hold a weekly tournament in a card game (Magic: The Gathering) every friday. Many people loiter outside the store on these nights, running around the store and seldom going inside. ...

    Robert’s Answer

    If you did not see these individuals doing anything then you have nothing to report. They could have been given a ride by a driver smoking marijuana. Unless you see them doing something you can't say for certainty they did anything wrong.

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  • What is the process when bonding out on charges from multiple counties?

    My husband will soon be turning himself in on a couple of warrants which are now going on 6 years old. He has charges/warrants in 4 different Texas counties. Will he be able to bond out on all of his charges from one county? How does this process ...

    Robert’s Answer

    This question is difficult to answer because the number of warrants might trigger a judge to order that he be remanded into custody until the charges are dealt with. He avoided warrants for 6 six years so a judge may take the position that he should be held in custody because he has proven he does not want to resolve these charges.

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  • How long must an inmate wait for an arraignment for a criminal case in new mexico?

    5 cases 3 of them are for a global plea bargain in which the 1St case he got a failure to appear. The next two he did appear and his plea and disposition hearing is in April for all 3 .....then they put out a warrant for his arrest which made him ...

    Robert’s Answer

    The answer is it depends on the circumstances.

    For felony cases, arraignment happens at two different times. After you are arrested, you are typically arraigned in Magistrate or Metropolitan Court. These courts advise you of your rights and set initial conditions of release, including bail. If someone is later indicted on felony charges, they will be arraigned at the District Court. At this proceeding the defendant will be formally charged with the alleged crimes, and the Court will again consider your conditions of release, which will include setting bail.

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  • My boyfriend got arrested for a DUI and now ICE has him is there a way that he can stay in the U.S.? Were not married though...

    He came to the U.S. about four years ago since then he has not had a bad record no tickets or anything. But about a month ago he got aressted for a DUI he was in jail for a month and now ICE has him. What is my next step? What can i do to help him...

    Robert’s Answer

    Immigration consequences are extremely complex and he really should consult an attorney who specializes in immigration law who can extensively review the entire situation. Bottom line: You live in Texas as the prevailing view there is not one of sympathy toward situations like this. If ICE has him then he needs an immigration lawyer sooner rather than later. Good luck.

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  • Does my 16 yr old daught need an attorney for a citation she rcvd for 1) possessing marijuana and 2) running from an officer.

    A police officer happened up her and her friends on public property. They ran without initially the officer identifying any of them. The officer was able to trace one participant to the car they left behind and then showed up at my door looking ...

    Robert’s Answer

    It is very important your daughter get a lawyer and here is why. I have had cases where a minor fine in one state is classified as something completely different in another state.

    In a nutshell say your daughter is offered a disposition where she pays $50. Were she to go away to college in another state and be caught with some marijuana, be it at a party or under some other circumstance, the disposition on her current case may cause an enhanced penalty in the other state.

    I have seen this happen to many people. They pay a fine for possessing a small amount of drugs or alcohol as a minor and then if charged in another state this minor incident is treated as the person having a prior criminal record making any new charge more serious.

    Say your daughter goes to college and sneaks in a bar, as almost all college students do, the disposition on the current case might make the prosecuting authority look at the new charge as much more serious.

    While her current case may be minor, it could make any future mistake much more difficult to deal with.

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  • I might have signed a check issued to my mother in law after she passed. Can I be charged with forgery even though my husband

    Gave me the check to cash to get food for the funeral? My husband was on her checking account and asked me to take her retirement check to get some money. We were later informed we had to return the check because she died before the first of the m...

    Robert’s Answer

    This is a simple case of family disputes that likely go back years. If your brother in law is suing over $300 that has been paid back he has serious issues.

    If what you say is true and you have proof you paid the money back he will likely be laughed out of court. Perhaps you should tell him that you plan on suing him for vexatious litigation when all is said and done. That may cause him to change his tune.

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  • What if?

    Okay so my brother had a restraining order filed against him by the state to stay away from his girlfriends place where she resides and sleeps. He got arrested for violating the protection order. The room though (because he stays at a motel) was/ ...

    Robert’s Answer

    The simple answer is no. The issue is whether or not the actions taken by police are reasonable under the circumstances. The fact an order was in place pretty much guarantees that the police actions would be deemed reasonable. Always look at it this way- it does not matter if police officers are "right"- the standard is if a police officer took acceptable action based on what he thinks is taking place under the circumstances.

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