Depending on the stage the court is in, the court may allow another pretrial for your brother to get a valid driver's license. The warrant is issued any time a person fails to show up to court. If a person is facing criminal charges, they should attend every court hearing. Hiding your head in the sand is never an answer. If your brother can bond out or get a recognizance bond, then he will be allowed to get out of jail. He should talk with an attorney or a public defender to evaluate his...
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Any time charges are brought against a person, the prosecutor chooses to pursue the charges. The prosecutor bears the burden of proving the case beyond a reasonable doubt. In evaluating this case, it seems like this was a private filing (aka filed by a citizen, not the police). The state or local prosecutor would bear the burden of proving their case. Assuming that this case is not involving a juvenile deliquency charge (which involves a totally different procedure), the defendant has the...
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Generally, when evidence is used in a crime, these items can be considered instruments of the crime. The police usually take these items in their possession and inventory them. They can hold these items generally until the case is resolved, either by a trial or a plea arrangement. However, it is possible the police can hold these items longer if your case involves drugs, weapons, or other criminal instrumentality. Without knowing more about the underlying facts, these are the general rules....
If you are currently in a Chapter 13, you are probably represented by counsel. If I were you, I would contact your attorney to update him about the attempted wage garnishment. Your attorney can file the necessary documentation with the local court to cease and quash the garnishment. If the landlord was given notice of your bankruptcy, then there may be other violations of the automatic stay order. We are a Debt Relief Agency. We help people file for Bankruptcy Relief under the...
Each individual person can file bankruptcy separately in Ohio. There is no requirement to file together for bankruptcy. When 1 person files for bankruptcy on a jointly owned debt, the other, non-filing party may be responsible for the debt. This means that whoever doesn't file for bankruptcy may have to repay that debt. When you file bankruptcy, you are protected with a federal stay order. This Order stops all further collection or garnishments on the unsecured debt. You should speak to an...
Depending on the classified charge, a felony of the 2nd degree carries with it 2 to 8 years in jail with up to $15,000 in fines.
Driving under a suspended license (or DUS) is usually a misdemeanor of the 1st degree, carrying with it a maximum of 6 months in jail and a fine up to $1,000. If you went to court on a prior DUS, you may be on probation for the prior charges. If that is the case, you may have suspended jail time which the judge may impose in a Revocation Hearing. In dealing with your 2nd DUS, you should discuss your options with an attorney or a public defender before you decide to plead guilty, not guilty,...
Aggravated Robbery is a Felony of the 1st Degree, punishable by 3 to 10 years.
First, it is unclear what type of bankruptcy you may be considering. Generally, there are 2 types of bankruptcy for the average consumer: Chapter 7 and Chapter 13. In a Chapter 7 bankruptcy, the debt is forgiven. However, your monthly expenses (outside the unsecured monthly credit card debts) has to exceed your monthly income in order to qualify for a chapter 7. In a chapter 13, you repay a portion of your debts because there is left over income. Meeting with an experienced bankruptcy attorney...
Generally, retirement accounts are protected by various exemptions according to the Ohio Revised code. Some retirement accounts need additional ERISA qualification to be protected. Regular stocks, mutual funds, and CDs are not protected beyond the available wild card and cash on hand exemptions. Depending on the type of bankruptcy you file (Chapter 7 or Chapter 13), the trustee may or may not show interest in collecting on your retirement accounts. You should provide the information to your...