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Blake Johnson’s Answers

4 total

  • Can my son be charged for grand theft of a firearm if he didn't know the kid with him stole the gun till after he did it?

    My son (13) was at a Re-enactment and a kid that was walking around with him stole a gun off of a display table. When my son found out he stole it he ran home leaving the kid behind. They charged both of them with Grand theft of a Firearm. Can thi...

    Blake’s Answer

    Generally, if a person has no knowledge that the person they are with is stealing and did not assist them in any way, they are not guilty of a theft. However, it can be a crime to assist another individual in any way to a theft. For example, the guy who drives the get away car in a bank robbery is guilty of a bank robbery. It is impossible to judge the strength of the State's case without knowing all of the details. If your son has been arrested you need to talk to a defense attorney in your area as soon as possible.

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  • How can one Waive speedy trial but cannot Demand a speedy trial prior to an information being filed? Rule 3.191

    A person is arrested and released, then files a Waiver of speedy trial a few days later. No charges or information documents have been filed. 8-9 months pass (or any amount of time within the statute of limitations) and the individual wants to fi...

    Blake’s Answer

    Sounds like you should speak with a criminal defense attorney who can look at the specifics of your situation. If a valid waiver of speedy trial was filed, the State has until the statute of limitations has passed to file charges. You are correct in that filing a "demand" for speedy trial includes a certification that you are prepared to go to trial on the case. Whether or not the inital waiver was valid would be a question that would have to be answered by an attorney that had all of the facts and circumstances in front of him.

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  • I was arrested two weeks ago, haven't been charged by the DA. Arraignment is in three weeks do I need an attorney now?

    I was released on bail two weeks ago and still haven't been charged by the DA. My arraignment is in three weeks do I need an attorney now or should I wait till I've been formally charged?

    Blake’s Answer

    Sometimes an attorney can help influence whether the prosecutor actually decides to file the case. Depending on the type of case, sometimes an attorney can present information to the prosecutor that can help sway him or her into not filing if it is a close call.

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  • Can probation officers violate you when you are on house arrest

    my boyfriend recently violated his felony probation and was shorty placed on house arrest , his new probation officer said he has three weeks to find a job or she will violate him . ( no : he has not had a job for over 5 months before he was a...

    Blake’s Answer

    Being on probation is a serious matter. The penalties that apply when you violate probation depend on what you are on probation for. Probation can require you to look for a job and can demand proof of your efforts. Sometimes probation officers will ask for a list of places a probationer has applied and then call that location. Generally, a probation violation must be both "willful" and "substantial". Determining what will happen to your boyfriend if he is found in violation is a complicated matter. It depends what he is on probation for, what his record is like, and often varies in different courtrooms and jurisdictions. Obviously the best way to handle probation is to get through it and get off it as quickly as possible

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