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Jessica Katherine Stern

Jessica Stern’s Answers

42 total

  • Is there anyway my friend can get the DA to drop the case?

    A year ago my friend got into an altercation with an officer. Since then he was not been arrested, started college and had a nice stable job with steady income. He missed court due to the fact the the claimed they didnt recieve his address change ...

    Jessica’s Answer

    Unfortunately, your friend won't be in a good position to do this on his own. Anything he says to the DA will then later be used against him. Hiring a skilled criminal defense attorney is key in obtaining the best outcome.

    What county is this in? Feel free to have him give us a call. We'd love to help him if we can. Good luck.

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  • Can a victim try to a persuade witness if they don't want to go to court? An it cause a witness to lie about being threaten?

    The victim approach the witness an ask her why she wasn't going to court. The victim ask her question have she been threaten and that is the state yes even though she was lying to the victim by telling the two names that she made up. The witness w...

    Jessica’s Answer

    I'd like to help you with your question, but I'm uncertain about what it is you're asking.

    Anyone can be subjected to witness tampering charges - even a victim. If you can comment or resubmit your question I'd be happy to answer.

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  • Can a victim try to a persuade witness if they don't want to go to court? An it cause a witness to lie about being threaten?

    The victim approach the witness an ask her why she wasn't going to court. The victim ask her question have she been threaten and that is the state yes even though she was lying to the victim by telling the two names that she made up. The witness w...

    Jessica’s Answer

    I'd like to help you with your question, but I'm uncertain about what it is you're asking.

    Anyone can be subjected to witness tampering charges - even a victim. If you can comment or resubmit your question I'd be happy to answer.

    See question 
  • Do i contact my probation officer?

    I am on nonreporting misdomeaner probation. had a incident with a cab driver. I did not pay. went to police station next day and was able to resolve the problem with the driver. charge was dropped.

    Jessica’s Answer

    It is good that you are thinking about "doing the right thing." You should always consult with a lawyer before any negative consequences arise.

    It seems like there isn't much of a need to report this situation, but it all depends on your relationship with the probation officer. Keep in mind that anything you say to probation (arm of the state) can be used against you in a potential probation revocation proceeding or for any potential new charges.

    I'd always use precaution in situations like this and consult a lawyer before doing anything.

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  • How far back can the state go in criminal history to use against an offender?

    Is there a 10 year stopping point for prior convictions?

    Jessica’s Answer

    Your question depends on what you mean by, "use against an offender." When the state is arguing against bond or for sentencing purposes, they can go back as far as your record extends. Of course, the more time that has passed in between arrests is always beneficial.

    However, you may be referring to the time limit the state can impeach a witness with their criminal history. There are different factors that play into that analysis, but typically there is a 10 year limit.

    Unfortunately, one's prior record typically comes back to haunt them at some point. The key is having a good lawyer to distinguish their client's record from the current set of facts and paint a better picture of what is going on now. If you are speaking about a specific scenario where you'd like more assistance from an experienced attorney, I'd be happy to discuss it further.

    Good luck,

    -Jessica Stern

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  • How far back can the state go in criminal history to use against an offender?

    Is there a 10 year stopping point for prior convictions?

    Jessica’s Answer

    Your question depends on what you mean by, "use against an offender." When the state is arguing against bond or for sentencing purposes, they can go back as far as your record extends. Of course, the more time that has passed in between arrests is always beneficial.

    However, you may be referring to the time limit the state can impeach a witness with their criminal history. There are different factors that play into that analysis, but typically there is a 10 year limit.

    Unfortunately, one's prior record typically comes back to haunt them at some point. The key is having a good lawyer to distinguish their client's record from the current set of facts and paint a better picture of what is going on now. If you are speaking about a specific scenario where you'd like more assistance from an experienced attorney, I'd be happy to discuss it further.

    Good luck,

    -Jessica Stern

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  • What type of offenders are priority for the federal government to pick up from the state?

    I know that the state prosecutor would have to bring a case to the federal prosecuters attention, but what is the likely hood of a repeat offender being sent through the federal government?

    Jessica’s Answer

    It has been my experience that the Feds tend to think that the state courts are not sentencing harshly enough and will sometimes bring simultaneous federal charges to the ongoing state charges. You can be charged in both state and federal courts for the same conduct - even if you have already convicted. Many times federal prosecutors will use the state court conviction as an admission/basis for conviction in federal courts.

    You have to be extremely careful in these situations and hiring an experienced lawyer in both federal and state courts will make all of the difference. The lawyers at Kish and Lietz, P.C. have been defending against federal charges for 25 + years. Feel free to contact us if you'd like to discuss this further.

    Good luck,
    -Jessica Stern
    jstern@kishandlietz.com

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  • Can you be charged for marijuana that was in someone elses car?

    i was recently arrested for possession of marijuana. when pulled over, the cops asked to search the car, sure there was nothing in the car, my friend let them search. after about thirty minutes of not finding anything, the searched our persons. ne...

    Jessica’s Answer

    While I agree with the answers already given, there are different factors that need to be considered. Was the marijuana found under the seat you were in? Although such a small amount in another person's car would be hard to pin on you, your proximity and potential control over it will make a difference in the successful outcome of your case.

    Have you hired an attorney work on this yet? It would be best to have someone look at it closely and go to the prosecutor arguing the blatant weaknesses in their case.

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  • Parole revoked b/c i was arrested on charges..this resulted inme still in jail its been 2years in jail and still no indictment ?

    was arrested on charges thus my parole was revoke and i am having to full fill the rest of my sentence, i have been in jail for 2 years now and still no indictment, what are my rights?

    Jessica’s Answer

    The problem with parole, and I hate to say it, is that you have very little rights. The state looks at parole as a gift. You were sentenced to a certain amount of time and they released you early. Any little thing can be the basis for a parole revocation and there is very little, to nothing, that can be done about it. Parole doesn't follow statutory or case law. It is an administrative body that is run extremely conservatively. There isn't even a "burden of proof" that is used when deciding to revoke probation or when at a trial. If there is any evidence whatsoever (and sometimes there isn't any at all), the parole hearing administrator can decide to take your parole away because it was really time you were supposed to be in prison anyway.

    Did you sign a hearing waiver or was it revoked at a hearing?

    As far as the unindicted charges, I wouldn't recommend pushing it. The parole board's decision likely will go unchanged, but if they are willing to consider you for parole again, an unindicted case will look better to the board than an active, formally charged felony case. Plus, you don't want to stir up a sleeping animal. If the state hasn't indicted the case yet, don't push them into doing so.

    If 2 more years pass without it being indicted, they will be barred from doing so. If they end up indicting it in the final hour, your time that you have served on the parole sentence will count (as long as you have already been arrested on the newer charges and didn't bond out).

    I know it doesn't seem fair - and it probably isn't. But in this situation there isn't much better advice to give you than to ride it out.

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  • Arrest on charges, parole revoked so still in jail, but havent been indicted on the so called charges i was arrested for?

    was arrested on charges, my parole got revoked, have been in jail on the parole violation, have not been indicted on the charges that caused my parole revocation, what are my rights, and can i ask for all the charges to be resolved? its been 2 yea...

    Jessica’s Answer

    The problem with parole, and I hate to say it, is that you have very little rights. The state looks at parole as a gift. You were sentenced to a certain amount of time and they released you early. Any little thing can be the basis for a parole revocation and there is very little, to nothing, that can be done about it. Parole doesn't follow statutory or case law. It is an administrative body that is run extremely conservatively. There isn't even a "burden of proof" that is used when deciding to revoke probation or when at a trial. If there is any evidence whatsoever (and sometimes there isn't any at all), the parole hearing administrator can decide to take your parole away because it was really time you were supposed to be in prison anyway.

    Did you sign a hearing waiver or was it revoked at a hearing?

    As far as the unindicted charges, I wouldn't recommend pushing it. The parole board's decision likely will go unchanged, but if they are willing to consider you for parole again, an unindicted case will look better to the board than an active, formally charged felony case. Plus, you don't want to stir up a sleeping animal. If the state hasn't indicted the case yet, don't push them into doing so.

    If 2 more years pass without it being indicted, they will be barred from doing so. If they end up indicting it in the final hour, your time that you have served on the parole sentence will count (as long as you have already been arrested on the newer charges and didn't bond out).

    I know it doesn't seem fair - and it probably isn't. But in this situation there isn't much better advice to give you than to ride it out.

    See question