Cheryl D Stein’s Answers

Cheryl D Stein

Washington Criminal Defense Attorney.

Contributor Level 6
  1. Does the court have to inform a defendant of a guilty plea that they will be sentenced to a private prison instead a state

    Answered over 3 years ago.

    1. Cheryl D Stein
    1 lawyer answer

    Unfortunately, the answer is no. The decision on where to house a defendant after sentencing is made by the department of corrections. The judge is not consulted and does not know in advance what placement will be made. The defendant has to be informed of the maximum possible sentence for his charge(s) and any specific sentence that may be part of the plea agreement -- but not about where he may serve his sentence.

    2 people marked this answer as helpful

  2. Is it legal for a 16 year old girl and a 19 year old girl to be in a sexual relationship?

    Answered over 3 years ago.

    1. Cheryl D Stein
    2 lawyer answers

    I answered this question before, and I need to amend what I said. It is perfectly legal for a 16-year-old and 19-year-old to have consensual sex in Montana. The basic age of consent is 16. I should have been more careful with my reference to 14- and 15-year-olds. It is possible to defend against a charge of having consensual sex with someone of that age by claiming that you had a reasonable belief that they were 16. There is also an exception if the other person in the relationship is less...

  3. Is it legal for a 16 year old girl and a 19 year old girl to be in a sexual relationship?

    Answered over 3 years ago.

    1. Cheryl D Stein
    2 lawyer answers

    You can't get in any trouble if the sex is consensual. The age of consent in Montana is 14. It makes no difference whether the relationship is homosexual or heterosexual. Of course, if the sex is not consensual, then you could get in a lot of trouble.

  4. Is it a crime to file false domestic violence charges? and if so, what can be done about it?

    Answered over 3 years ago.

    1. Kevin Francis Guyette
    2. Cheryl D Stein
    2 lawyer answers

    It is illegal to file a false police report. In most states it is a fairly minor offense, and you may well have difficulty getting the police or the prosecutor to take any interest in the case. You can make the effort and see how they respond. If you don't want to pursue criminal remedies or you can't get law enforcement interested in pursuing the case, there are a couple of other things you can try. You can hire a lawyer to write her a letter, informing her that filing false police...

  5. Charged with possession of marijuana/pipe.

    Answered over 3 years ago.

    1. Cheryl D Stein
    1 lawyer answer

    Your clean record in both school and court will definitely matter to the judge and the prosecutor and will benefit you in the way that your case is handled. You also need to have a lawyer represent you in this matter. As you say that you are without funds, you will likely qualify for a court-appointed lawyer. The procedures for appointing a lawyer vary from state to state. I do not know how the process works in Louisiana. Most of the time the appointments are made when you have your first...