Robert Stephen Toale’s Answers

Robert Stephen Toale

Gretna Criminal Defense Attorney.

Contributor Level 8
  1. How do I find out when an arraignment will be on a Federal Criminal Drug related arrest.

    Answered almost 2 years ago.

    1. Robert Stephen Toale
    2. John M. Kaman
    3. Aaron Mysliwiec
    4. Joshua Sabert Lowther
    4 lawyer answers

    A lawyer who practices in the federal courts can find it on pacer. Otherwise, you can go to the court house and check the record. Unless it is under seal, it is a public record and anyone can look at it.

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  2. I went to court on a motion to revoke probation and the judge told me he was goin to reset the matter off to another date to

    Answered about 2 years ago.

    1. Robert Stephen Toale
    2. John Wesley Hall Jr.
    3. Robert David Richman
    3 lawyer answers

    I agree with Mr. Richman and Mr. Hall: You should turn yourself in by going to the court while it is in session with a criminal docket. I would add the sooner the better to increase your chances to avoid jail. I would hire an attorney to explain your circumstances along with a letter from your father or bring him as a witness. You could also bring a copy of a hospital record showing that your father was in the hospital. I would be careful not to blame your father because this is your...

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  3. I was arrested for 2 aggravated battery and 1 simple battery for a fight. I was defending myself. Can I still press charges?

    Answered about 2 years ago.

    1. Robert Stephen Toale
    1 lawyer answer

    You certainly may try to press charges, but in my experience in a situation like yours the police are not likely to do anything. I would strongly suggest that you consult with an attorney before you go to the police station to make any statements or press charges. Furthermore, your description of the fight between you and your wife is not clear. Her relatives may have the right to defend her. Likewise, depending on the facts you have the right to defend yourself. You are facing serious charges....

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  4. Is this legal for the courts to keep him there?

    Answered about 2 years ago.

    1. Robert Stephen Toale
    2. Robert C. LeBrasseur
    2 lawyer answers

    Your husband should have been brought before a judge by now with a bondj set and atty appointed. Since you cannot afford a lawyer go to the courthouse and make your first visit to the criminal clerks office. As I recall it is on the ground floor. You will need to take the elevator pass the metal detectors. At the clerk's office request to see his record. It is suppose to be available to the public but St.Tammany makes its on rules. I have had a number of disageements and no longer practice...

    2 lawyers agreed with this answer

  5. How difficult is it to get a california federal unsecured bail bond? And how much are the bonds usually in federal cases?

    Answered almost 2 years ago.

    1. Kresta Nora Daly
    2. Andrew Stephen Roberts
    3. Robert Stephen Toale
    3 lawyer answers

    I would be very careful if I were you. I would wonder why his parents or siblings are not signing the bond. You could be putting your financial security at stake as well as your relationship.

    4 lawyers agreed with this answer

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  6. Is it possible the file a motion to withdraw from a guilty plea to a not guilty plea a year after the fact?

    Answered almost 2 years ago.

    1. Robert Stephen Toale
    2. Mitchell Scott Sexner
    3. Mark M Cheser
    3 lawyer answers

    No. Under La. Code of Criminal Procedure Article 559 a court may permit a plea of guilty to be withdrawn at any time before sentencing or thirty days if you plea guilty within 48 hours of the arraignment.

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  7. Can sexual harassment charges be put on a seventeen year old if her partner was fourteen and a female?

    Answered almost 2 years ago.

    1. Robert Stephen Toale
    2. John K Lassen
    3. Robert David Richman
    4. Benjamin J Lieberman
    4 lawyer answers

    To my knowledge, there is no crime called "sexual assault" in the Louisiana Criminal Code. You may be referring to sexual battery. To that end, R.S. 14:43.1 provides: A. Sexual battery is the intentional touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender, or the touching of the anus or genitals of the offender by the victim using any instrumentality or any part of the body of the victim, when any of the following...

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    1 person marked this answer as helpful

  8. Can I file a petition in court without the services of an attorney?

    Answered almost 2 years ago.

    1. Robert Stephen Toale
    1 lawyer answer

    You have a right to represent yourself but I am sure you have heard the famous Abe Lincoln quote: “He who represents himself has a fool for a client.” Get a lawyer.

    4 lawyers agreed with this answer

  9. Inaccurate list of witnesses

    Answered about 2 years ago.

    1. Robert Stephen Toale
    2. Robert West
    2 lawyer answers

    Ga. discovery rules 17-16-3 provides for list of witnesses prior to arraignment but there are cases when the defense was not notified of the witness until hours before testifying. There are also special rules on informants. While you are correct that the Ga. Constitution provides for a "list of the witnesses on whose testimony such charge is founded," I have not found any recourse when those witnesses never appeared or testified. I would suggest you contact a criminal defense lawyer who has...

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  10. My fiancee was sentenced to do 10 yrs with 2yrs suspended. Is he eligible for parole or a reconsideration of time?

    Answered about 2 years ago.

    1. Robert Stephen Toale
    2. Joshua Slavone Guillory
    2 lawyer answers

    No, he is not elibible for parole or reconsideration of time. R.S. 14:64 paragraph B states: Whoever commits the crime of armed robbery shall be imprisoned at hard labor for not less than ten years and for not more than ninety-nine years, without benefit of parole, probation, or suspension of sentence. prisoners always talk about acts but do not understand that every session has an act. The laws in La. are in the Revised Statutes or Codes. I do not know what 1099 act is but he may be...

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