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Elisabeth K. H. Pasqualini

Elisabeth Pasqualini’s Answers

24 total

  • I would like to apply for post conviction relief for a prior DUI case that occurred 10 years ago. Please let me know my options.

    I have 4 DUi's that took place in my early twenties. I think there may be a chance to open two of he cases and get at least one if not both of them thrown out. I would like to know what are my options with post conviction relief. I've done a littl...

    Elisabeth’s Answer

    Every case is different so it is best to sit with an attorney and give them all of your information so that they can provide the best answer for you. Generally, after ten years, post conviction relief can be very difficult. With that said, you may have special circumstances which would allow you to open up such old cases.

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  • Can a man that been convicted of 2nd degree rape and kidnapping get marry in nc?

    He did 9 years in prison and have to register as a sex offender every month

    Elisabeth’s Answer

    While he will have to comply with registration requirements, those requirements do not prohibit him from getting married. You don't mention whether the person is on any type of supervision. If he is on supervision (probation/parole) he may have notification requirements to his PO about new relationships and changes in living status. That said, so long as the adults are consenting, it should not be a problem.

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  • Is it illegal for 13 year old to date a 16 year old?

    In Utah would it be illegal and absolutely no sexual intercourse for them to date?

    Elisabeth’s Answer

    Your question is best answered by an attorney familiar with the laws in Utah. In many states, including Pennsylvania, if one party is at least 13 and the other party is not four or more years older, then consensual (voluntary) activity between them is not unlawful. Although your question mentions sexual intercourse specifically, you should be aware that in many states, many sexual activities short of sexual intercourse can be the basis for a criminal charge depending on the age of the parties and the circumstance surrounding the activity. Again, I suggest that you consult with an attorney in Utah to best answer this question.

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  • Trying to get off the sex offender registry.

    I want to be off the registry, which I have been on for 20+ years.

    Elisabeth’s Answer

    Your best bet is to contact an attorney who practices in the area of criminal defense in South Dakota. Each state has its own laws governing the registration and verification requirements of sexual offenders. For many states, one can only be removed after the required time period has been served. An attorney in South Dakota can best explain what sort of relief, if any, may be available for you.

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  • My brother was sex offender in illinois but no longer has to register...he just moved to ok...does he hav to register here?

    ?

    Elisabeth’s Answer

    He should contact an attorney in OK immediately to inquire whether he must register in OK. Most states will honor the registration requirements of other states. HOWEVER, just because he satisified the obligation in Illinois does not mean that he does not have to register in OK. OK has its own law in place to determine who must register, for how long, etc. based on "out of state" convictions. I am attaching a link that may be a good starting place but is in no way a substitute for the advice of an attorney.

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  • Can I get reimbursement?

    I got pulled over in May of 2014 for driving in the hov lane, I satisfied of the ticket on July 14 2014 and I have the release from the clerks office. In December of 2014 I got pulled over and told my license was suspended for not satisfying the t...

    Elisabeth’s Answer

    The short answer is, unfortunately, probably not. Your best bet would be to contact an attorney in your state that handles civil issues. Very generally, it is extremely difficult and in many cases impossible to successfully sue a governmental entity for a "mistake" made by an employee. Good luck!

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  • Was in a car accident, and received the police report. Then after a few weeks another police report emerges that differs

    I was driving when A owner of a restaurant was pulling out of his parking lot and hit my rear passenger side of the car. I went to the police and received the police report from the cops to send to my insurance company. A few weeks later a new po...

    Elisabeth’s Answer

    If you have not been charged with a crime, you will likely receive a more helpful answer if you post your question in the "civil" section. What happened to you sounds problematic for sure, but your best answer will come from an attorney who deals with civil litigation. Good luck.

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  • If your found guilty of a misdemeanor 2 charge what are the consequences

    The charge is theft

    Elisabeth’s Answer

    The statutory maximum is 2 years in prison and a fine of up to $5000.00. The severity of the sentence varies depending on the amount, if any, of a prior criminal history. Having said that, while it never is a good idea to have a criminal conviction, probation, etc., one should make every effort to avoid a conviction for a theft offense. The consequences extend far past any jail time or fine. A conviction for theft will very likely affect one's ability to secure employment in the future. There are ways to resolve a theft charge short of trial that can be explored with one's attorney. I strongly advise that you discuss thoroughly your situation and the options available to you with your attorney.

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  • Can a person designated as the third party release from a federal court judt walk away from their obligation

    defenfant has $100,000.00 bond out of the 3rd district court n.j. defendant is on ankle bracelet and is doing all directives ordered and had had clean u.a.s. his 21yr. old daughter is his third party release and decided to move back to het moms ho...

    Elisabeth’s Answer

    She should review the paperwork she signed with the Court which outlines her responsibilities as a third party custodian. She would be permitted to move but almost certainly has notification requirements/obligations which would require that she notify the courts, likely through the defendant's Pretrial Services probation officer. As a courtesy to her father, she should let his counsel know as soon as possible so that he can best determine how to help her father amend his conditions of release (bail terms) in a favorable way.

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  • If I am 17 years old, and received an underage drinking citation, will it wiped off my record when I turn 18 in June?

    I was with a few friends sitting at the corner in our neighborhood And I had drank 2 beers, when a cop pulled up. I guess one of the neighbors called the police even though we were not causing a disturbance. The cop asked me if I had been drinkin...

    Elisabeth’s Answer

    Most MDJ's offer a program that may allow you to enter a diversionary program. You wouldn't be convicted, but would have community service and fines to pay. My colleague is correct that you'd have a license suspension of 90 days. However, if you avoid a conviction, that wouldn't happen.

    If you do get convicted, you are permitted to have a summary conviction expunged after 5 years, however, you must remain conviction free for those five years.

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