I agree. Your best bet is to call a local attorney in that jurisdiction. They can call the warrant desk to see if a warrant indeed is pending. They can also check the court file to see what is outstanding. Given that it's such an old charge, who knows. It's good that you were a juvenile when it was charged, but it may be a pretty big hassle.
I agree. I can indeed be changed. If you want it locked in, you can certainly pre-pay it if that's an option. but as stated, it is a six point offense, so be aware of that. You can certainly retain an attorney to see if you cant get a better deal. But some prosecutors may see this as pushing your luck. Ultimately, it's your choice.
Best of luck.
And whoever you speak with, be prepared to discuss the details as to why she was handcuffed in the first place. One defense that will likely come is that her behavior placed her in the position requiring her to be handcuffed and that she likely injured herself because she was not being complaint.
I'm not saying that is what happened. I'm just letting you know that you need to understand that perspective because for attorneys to evaluate the claim, they need to consider what a jury would...
I agree with my colleagues. And for purposes of a motion to reconsider, you generally have to present new facts that the judge didn't previously consider. It can be difficult to get a change of heart. But it does not hurt to try.
Best of luck,
Stated plainly, defamation that requires you to prove that a false statement was made and that the individual who published that statement knew it to be fault or lacked reasonable grounds to believe it's true. A good case to look at is Gazette, Inc. v. Harris, 229 Va. 1, 325 S.E.2d 713 (1985). It walks you through a lot of the US Supreme Court cases - it's a lengthy read.
You'd then have to prove the value of the damages lost to you. For punitive damages, you have to show "actual malice"...
I'm sorry to hear you're in this situation. I must compliment you on taking the effort to research what you should be doing on your own. I've represented a lot of kids, many 13 and younger, so being a go-getter is always a good sign.
A couple things to keep in mind. First, you're under 18. Therefore, your charge is not actually a "criminal charge" but rather a juvenile petition. So if you lose, it's not the same as an adult conviction.
Second, the juvenile justice system is very...
As counsel stated, if you feel you are being pressured, you should meet with another attorney who can give you an objective opinion. And, for an attorneys point of view, its difficult to obtain a full picture of your case without actually knowing the specifics of your case. I can tell you that, personally, I have had cases where the client is adamant that they are innocent, but I am confident that we will lose if we go to trial. As counsel, I can simply advise the client of my view points,...
With regard to your court date, you should call the court and tell them about your conflict with school. They can tell you how to seek a continuance in the case, which will entail filing a motion (unless the local court allows you to do it by phone - I've never practiced there so I dont know).
With respect to the charge itself, when individuals possess a possibility of jail time, they are entitled to court appointed counsel. Given that this is your first offense, the Commonwealth will...
I agree with Stephen. It is certainly not too late to invoke your 5th Amendment right to counsel. For people who are actually guilty of whatever charge may be on the horizon, speaking the the law enforcement officer will only serve to incriminate. Everything said to an officer in a consensual meeting will be used in court, if it gets there.
Often times, I get calls from people who are innocent, and they want to meet with an investigator because they do not want to be seen as "lawyering...
Given that the bus was rear-ended by another car, it's most likely that the car was at fault. It's also possible that, for instance if your bus driver stopped short, he/she may have contributed to the accident. Best bet is to call a local personal injury attorney to discuss the case.
Best of luck!