Merrida P Coxwell Jr.'s Answers

Can I withdraw my guilty plea?

The answer to the question you have asked will depend on the state you live. Many states have statutory procedures which put a llimit on the time for challenging or trying to set aside a guilty plea. These laws have some exceptions, but the exceptions can be very limited. Sexual offense are very tough now because of SORNA- the Sex Offender Registration and Notification Act and the laws in the States that make sex offenders register in many caser for life. You should contact an attorney in the...

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What are possible criminal consequences for real estate fraud

You absolutely need to explain this to an attorney in your State so he can sort out the facts and the legal defenses. If a crime has been committed it would probably be a State theft or false pretenses crime and not a Federal crime. In my State we are seeing more prosecutions for mortgage type cases in the Federal system, but there has to be Federal jurisdiction. Go see a lawyer and do not delay. many times issues like this can be stopped before they get too serious. Merrida

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What does it mean to waive my right to a preliminary hearing?

It basically means you give up your right to have a hearing in open court and listen to some law officer testify under oath the reasons why you were arrested. In other words when you have a preliminary hearing the officer must show the probable cause to the court for why he thinks you committed. I have had clients waive them before but not that often. It is the first opportunity to learn about the client's case.

Can I be charged with the same charges as the home owner because I was visiting her when they served a warrant at her home?

Unfortunately you can be charged with any crime that the police want arising out of the facts you describe. I see this every day and I help people work through charges put on them simply because they were at the house or in the car. Police want to "hedge their bets" so they charge everyone in the room and let the prosecutor sort out the legal issues. Generally, if you do not own the property and do not live at the property, the owner of the house will be presumed to be the possessor of...

My boyfriend was charged with 2 counts of attempted murder adw etc, but he has a clean record he is only 17

You need to ask your boyfriend this question if he has a lawyer. His lawyer should advise him of the maximum and minimum sentences he could be facing. In many states a 17 year old can be treated and sentenced as an adult. Obviously your boyfriend's situation is in CA so a lawyer there needs to answer this question. I suspect you could Google attempted murder and find the penalty online.

13yr female send 13yr male nude photos, he sends to everyone, what are the legal ramifications

The young man could be guilty of transmitting nude photos of a minor under Federal Law and most States have similar laws. The is a problem that has been in the news frequently. Teenagers sending each other nude pictures. I have listened to it on public radio and other news stations. I cannot respond much more specifically because each problem is unique, depending on the facts, but both of these young kids need to be stopped before they are prosecuted.

DUI and False Positive Blood Tests

Your question is very difficult to answer but it is yes. The companies that make the intoxilizer machines want the public to believe they are totally accurate. Law enforcement wants the same thing because the machine makes prosecution easier. If they have to rely on a macine for an answer, it takes all the work out of their jobs. What machine do you know that always works. There are environmental interferents and other biological interferents with the machine. The samples that are used...