In jail and bail is set at 31,000
It's an odd amount. However, bond for failure to pay child support is based on the amount of arrears so that probably explains it.See question
Currently serving a prison term of 75-150 yrs. For Criminal Sexual Conduct in the first degree. He has severed 30 years this year. He was offered a plea bargain of 6-10 years but was advised by a public defender NOT to take it. However did not wa...
It is very difficult to appeal a sentence from this long ago. He was given an opportunity to appeal his plea and/or sentence after he was convicted and sentence. Unfortunately, unless there is newly discovered evidence that was available at the time or evidence of his actual innocence, it will probably be immensely difficult if not impossible to appeal it after this long.
What you should do is reach out to and consult with a few very experienced appellate attorneys to discuss your options, review his case, and determine if there is anything that can be done at this point. Look for a lawyer that makes appeals a primary part of his or her practice, especially criminal appeals. Good luck to you and your brother.See question
My morher in law has temporary guardianship of our 3 year old niece...Neither parent seems to want her..Both parents have multiple children from previous rrlationships and do not have custody nor pay child support on any of those children. Should...
Yes, you are going to need guardianship in order to have standing to petition for the relative adoption. You need to get full guardianship and not limited guardianship. I would strongly advise you seek the services of an attorney to help you with this to make sure it is done correctly.See question
I do not want to plead guilty to this charge until i have spoken with a lawyer, but i really can't afford one. Am i waiting too long if I wait to plead not guilty at my court date, so that i am able to talk to a court appointed lawyer? Should i...
You cannot request a court-appointed lawyer until your first court appearance, the arraignment. Depending on the policy of the court the judge may or may not appoint you one. For misdemeanors, the judge has discretion to appoint you a lawyer unlike felonies. Some judges will not appoint you a lawyer for a misdemeanor unless there is a possibility of the judge sentencing you to jail, which is probably unlikely for a first offense marijuana possession.
Will you get a better deal if you have a lawyer? That's hard to say. You may have defenses or ways to challenge the evidence (i.e. Fourth Amendment violations) which could get the case dismissed or a better than normal plea deal. These are things that only an experienced lawyer can tell after thoroughly reviewing all the discovery. There is a lot at stake so I strongly urge you to get a lawyer involved. If nothing else, it will give you peace of mind that your case is being handled by a trained professional and you will have an advocate to deal with the judge and prosecutor instead of going at it by yourself.
A good lawyer is money well spent. There are options which could keep this off your record and prevent the mandatory driver's license sanctions which is what you want and need because even a conviction for marijuana can come back to haunt you in more ways than one down the road when you start applying for college, jobs, housing, scholarships, etc. It may even render you ineligible for student aid. At least consult with a lawyer about your case and review the police reports and videos. Good luck.See question
I'm really scared for my job and my family and just want some answers
When you say you failed a PBT order does that mean you failed a PBT and tested positive for alcohol or you just missed a PBT you were supposed to do? Both are bad, but one is probably a little worse than the other. In any event, you run the risk of going to jail and/or having your bond revoked if you are still out on bond. You will probably get notice of a bond violation soon so I would suggest if you don't have a lawyer on this case yet then now is the time to get one.See question
I have a friend who is driving a company vehicle on a restricted license without a blow and go. She only drives the work vehicle for work, but what happens if she gets caught without the ignition interlock device? I want to scare her straight.
I agree with my colleagues. She could be charged with a new crime and the Secretary of State could revoke her license for violating her restricted license which will only make it exponentially more difficult to ever get it back again.See question
l was arrested on a Marijauna possesion charge. I bonded out within a few hours. When the police gave me my bond reciept, they told me to just walk into the court within 3-14 days. I don't understand why I did not get a court date. Someone was arr...
That is your court date. Sort of. That is when you are supposed to present yourself to the court to be arraigned. You should retain a lawyer soon to get involved with your case. Your lawyer may even be able to waive your arraignment if the court permits it. Otherwise, you should keep calling the criminal court clerk to see if you are in their system yet. When you are, you need to appear to be arraigned. Sometimes it takes a while for your paperwork to get in their system for a variety of reasons.See question
I just recently got convicted of a use of marajuana & can't apply for my license right away, but once I'm off probation I was going to try. Just curious on what driving restrictions, or if there were things I should be aware of, if I were to try &...
The fact that you recently had a conviction for a substance-related offense will give the Secretary of State a pause for concern. The concern being that maybe you've replaced alcohol with marijuana. Not good. Whatever you do, don't "just try." If you fail (and statistically you are far more likely to fail without a lawyer than with one) it only makes it worse and much harder to ever get it back. You will need to build up some time where yo are completely clean from marijuana, alcohol, and anything else. Do not attempt to get your license back without a lawyer. It is far too complex to even attempt on your own because the slightest inconsistency or wrong answer will get you denied. Look for a lawyer that has substantial experience in driver's license restorations and are familiar with the practices of the Secretary of State and what the hearing officers are looking for. AVVO and Google are great places to begin your search. Good luck.See question
a cop retrieves a joint from your vehicle. he gives you a use of marijuana charge. you go to court and plead not guilty on the use charge using the premise that you can either pass a drug test, or that there is not enough evidence to prove that yo...
Yes, prosecutors can add or amend charges as long as it is within the statute of limitations, which is six years from the date of the offense for most crimes.See question
In a previous question, I learned that I am eligible to expunge my criminal case after five years of the end of my probation term. For family and work reasons, I may have to move to Canada, and I am thinking of hiring a lawyer to represent me in...
It really depends on the policy of the judge. Some judges will excuse your absence if you live out of state and you have a lawyer, others will not. Some judges will require you to appear no matter what. Other judges will permit you to appear via telephone. This is where knowing your judge is really beneficial. You should talk to and retain an attorney that regularly does expungements before your particular court and judge. Most criminal defense lawyers in the area should do expungements. AVVO has an excellent Find a Lawyer tool where you can locate attorneys by practice areas and location. Check for reviews, talk to a few, ask questions, and retain the one you feel most comfortable with. Google is another great place to begin your search. Good luck.See question