Is a future risk of going back to prison for violation of probation considered by law to be a collateral consequence and I know the definition generally applies to only future civil repercussions of not being able to vote, Practice your original r...
It is not a collateral consequence. It is a criminal proceeding which is a direct consequence of non compliance with the conditions of your criminal sentence. It is not a civil proceeding. A violation does not have to be based upon a new criminal charge but can be based upon specific conditions of your probation, such as curfew, or obligation to enter and complete a treatment program.See question
I was found sleeping on a sidewalk in the early evening about a week ago when a group of police officers escorted me onto a stretcher. I took an ambulance ride to the nearest hospital after blowing a high BAC. I had been drinking all day which is ...
If you have not been contacted by the police by now I doubt that you are going to be charged. Usually, the officer would contact you to come in and sign the ticket and obtain notice of your next court date.See question
My fiance has been incarcerated for a robbery 1 charge. Upon release he is to complete 6 months of house arrest. We have since moved out of the prison state. How can we get him situated for house arrest in our new home straight from his release?
I am not aware of the Department of Corrections consenting to/arranging home confinement in another state. I think that he will either need to find a Delaware host or file a motion for sentence modification so that he can move out of state. The department of corrections will still need to agree to transfer probation to another state, and the receiving state will need to agree.See question
We got caught shoplifting from Macy's, were 19
I am not aware of any store actually filing a lawsuit to collect the civil damage authorized under the statute.See question
hospital claiming to have no pre-operation x-rays on file. allowed state to remove him from hospital only two days after he awoke for video court, gave no information or advice for further rehabilitation. information they refused to disclose in th...
If he is incarcerated then he needs to provide a medical authorization form to his attorney to permit him to obtain records from either the hospital or department of corrections medical provider.See question
The charge is criminal mischief over some damaged property. Am i allowed to be in posession of a weapon or fill out a 4473 form to buy a new one from a dealer? Thanks
It depends on the conditions of your bail. If you are charged with a crime of violence, or a domestic violence crime, you are probably prohibited from owning or possessing a gun. Check the bail conditions on your bail sheet. Doesn't sound like you are prohibited from owning or possessing a weapon as you would have been advised by the judge who set your bail. If you have a lawyer, check with him.See question
I have a capias for vop bc i failed to pay my restitution bc i was homeless livin in my car with no job and didnt have level one probation on my sentance i failed one urine test an my p.o is recommending the crest program i have not used drugs in ...
You need to hire an attorney to represent you in this matter. You will not go to jail for failure to pay restitution. But a positive urine test can be the basis for a substance abuse program depending on your history.See question
The officer never put in his paper that another officer came to the scene, the first officer searched my vehicle and never found anything he arrested me, then the other officer came to the scene and pulled out drugs that I didn't even have on me.
You need to review this situation with an attorney. Your attorney will be able to pursue your defense based upon the facts and law.See question
I just need to know can a felony conviction for a gun charge in the state of Delaware be expunged if so how many years do one have to wait to file for expungment.
Felony convictions cannot be expunged. Certain misdemeanor convictions can be expunged after obtaining a pardon from the Governor. Your only remedy is to seek a pardon with the Board of Pardons.See question
His original charges were drug distribution. He was on probation for 4 years and he only had left 6 months, but he did not go to see his probation officer. Also, he had dirty urine. My question is: since he did not turn himself in, does that mea...
He will be viewed as absconding from probation. Eventually, he will be arrested for violating his probation. He will be exposed to the imposition of the suspended period of his incarceration. I have seen judges impose various penalties for this type of violation, from increased level of probation to L4 to L5 incarceration. A history of employment or school or other positive efforts to change is helpful.See question