Elizabeth V. Lane's Answers

My fiance has been incarcerated for 1 Year and 9 months for aggravated stalking they will not allow him to go to court and plea?

Since the issue of a speedy trial has already been answered I'll address the question about the prosecutor's maternity leave. The case should not be put on hold. Usually another prosecutor will handle the case load while the assigned prosecutor is on maternity leave.

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My boyfriend is now having to pay child support for our daughter, and wants to lower it

That is already considered below the poverty level for earnings associated with current Child Suport Guidelines. I am not sure a judge would be amenable to lowering the support without proving a true inability to work. Hope that helps.

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On bail for assault 3rd how does one get permission to go on cruise while case has just recently been assigned to judge?

If the bondsman will not agree to allow your fiance to leave the jurisdiction then you might have a problem. You have agreed to the terms of that particular agency and if the terms are violated the bond can be pulled. Obviously if you have a consent order from the prosecuting attorney it might help sway the bondsman's mind but it is not definite. You do need legal counsel on this matter.

A recruiter emailed me prior to an interview questioning the year I graduated. Can they ask questions that will infer your age?

This answer depends on many facts. Was a resume submitted listing your college credentials? Also, please consider that the year a person graduates from college does not necessarily indicate how old a person may be.

I need legal help with my defense

Though I am not licensed in Kansas I know in Georgia there are times when we advise clients to go to driving school, etc. in order to position ourselves for negotiations for a lessor offense. Something that will not have as dramatic an impact on our client's record or his/her pocketbook (fines, etc.). It really depends on the circumstances surrounding the incident itself but perhaps your attorney is trying to present your situation in a favorable light to the prosecutor. Hope that helps.

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Can I move my court date to a different state?

You would need an attorney to negotiate a resolution such as community service, etc. I am not licensed in either Ohio or S. Car. but in Ga. a misdemeanor can be handled by an attorney without the presence of the defendant if all parties agree and the proper paperwork is filled and presented to the judge. You might hire counsel in Ohio to determine if the same can be done.

Whats the statue of limitations in texas, my son is 29 years old.

What is the charge? Is it a felony or a misdemeanor? Was a warrant ever filed? Without more information there is no way to answer your question.

Can a felony charge be reduced to a misdemeanor?

It depends on what the theft was and for how much. Was it money or was it an item? It also depends on whether or not a diversion or a First Offender Program is available up there. These are questions a local attorney can answer easily. If you cannot afford an attorney then you absolutely must ask for appointed counsel to help you navigate through the Criminal Justice System. Good luck.

Can I stay in the US with J2 status until final divorce will be finalized or I have to leave after legal separation?

Until a final divorce decree is entered you are still legally married. As to the impact on your ability to remain in the country- you need a good immigration attorney for the answer to that question.

Do i have a case for wrongful termanation? I am a truck driver I was charged with dui but the case was dismissed

There are certain instances where the Statute of Limitations on wrongful termination is 4 years. My knowledge of this area of the law is limited so please contact a Florida attorney who handles this type of law. Perhaps a lawyer search on this website will help you further. Good luck.