James Neil Papirmeister's Answers

Why a prosecutor goes forward and press charges without evidence???

Without question, your boyfriend should immediately contact an experienced criminal defense attorney in your area. He should immediately refrain from discussing any aspect of the case, except with a lawyer. Many times, one will hear that the prosecutor is "pressing charges" on a case that someone feels lacks merit. Sometimes this can be true, sometimes it is not. You cannot generally control a prosecutor's decision to move forward on a case. A prosecutor's decision to do so is usually based on...

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How can commonwealth convict with no evidence

Most people misunderstand what "evidence" really is. In most criminal cases, evidence consists of a human being simply talking. That's it! There is no requirement that there be fingerprints, photographs, DNA, videos, statements, confessions, multiple witnesses, or even "eyewitnesses". One person's say-so can be enough evidence to convict a person of most crimes. The standard to convict is "proof beyond a reasonable doubt". Let's take an example of the most serious crime known to man, "First...

Can i go to jail first time offender

Yes. Despite what you may hear in the media, possession of Marijuana is illegal, and a potentially jailable criminal offense in all fifty states and in the federal courts. You should hire an experienced criminal defense lawyer, who usually can help you avail yourself of typical first offender diversionary programs that allow you to avoid jail time and having a permanent criminal record, in most situations. There are lots of exceptions and complications, however, and what you may hear about one...

Practical information wanted on citizen's arrest.

It is doubtful you could have successfully and legally made a so-called "citizen's arrest". First of all, in most states, shopkeepers are allowed to physically detain and arrest shoppers who are reasonably suspected of stealing, and that is the reason for the abundance of loss prevention officers and armed and unarmed security guards in a lot of commercial establishments. Secondly, a citizen's arrest can generally, only be made for a crime of violence committed in your presence, where your...

Is it legal to be stopped for having one license plate light out?

Unfortunately, the answer to this question is usually yes. Based on a Supreme Court ruling several years ago in a case, police may make a traffic stop for the most minor infractions, and use it as a pretext for a more invasive search of the motorist or the vehicle. Based on the Supreme Court case, this is known as a "Whren" stop. The authority of the police is not without limits, however. You should consult with an experienced criminal defense attorney, who may be able to show the police went...