David B. Frank's Answers

I witnessed a crime and have been summoned to testify, however I do not wish to be seen by the defendant. How do I proceed?

If you have been subpoenaed to testify in court then you have a legal duty to appear. You can ask a lawyer to attempt to quash the subpoena but based on what you have indicated there may not be a legal basis to quash. The law provides the defendant with the right to confront his accusers which included the right to cross-examine the witnesses in court. The better route might be to indicate your fear and apprehension to the prosecutor. With 29 other eyewitnesses, the prosecutor is going...

If a business closes down and i have a felony from them can it be takin off my record?

If you have been convicted of a felony with regular probation, a penitentiary trip, or even serving time in the county jail under 12.44(a), then your conviction will remain on your permanent criminal record. The fact that the crime was committed against a company that went out of business does not change your status as a felon and you cannot remove a conviction from your record on that basis. The only remedy available to you would be to seek a pardon from the Governor's office which is a very...

Got a DWI. got sentenced to 1 yr probation...now its June and i got offered a scholarship for school in another state can i go?

The answer to your question lies in the rules promulgated by the Interstate Commission for Adult Offender Supervision. Rule 3.101 states as follows: Rule 3.101 Mandatory transfer of supervision At the discretion of the sending state, an offender shall be eligible for transfer of supervision to a receiving state under the compact, and the receiving state shall accept transfer, if the offender: (a) has more than 90 days or an indefinite period of supervision remaining at the time the...

Is this forgery? Is it a crime?

In general, Forgery is a criminal offense when it is done without authorization, with false representation, and where there is intent to defraud or harm another person. Intent can be established with circumstantial evidence. It may be a criminal offense merely to be in possession of or transfer a forged document. In your case, a prosecution would fail if your signature was made by your friend with your authorization. In the future, the best practice would be for your friend to sign...

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I have a 5 year probation for driving with a suspended licenses and 1000 fine i went one time and never went back its been 15 ye

From your question it appears that 15 years ago the Court suspended your sentence and placed you on 5 years of probation for driving with a suspended license. Not reporting to your probation office is a violation of the terms and conditions of probation. The court will probably impose a sanction for your violation but that does not mean you must receive the maximum sentence. To lower the possible sentence, you should reinstate your driver's license, pay off any unpaid supervision fees and...

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What is classified as unlawful search by a cop & do all stops have to be documented or reported?

Based on your question, it does not appear that your were arrested or searched so while the police intrusion may have been unwelcome, there does not appear to be a legal remedy for you to seek. You may wish to file a complaint with the department. The police are allowed to approach anyone and ask questions. This is sometimes called an "encounter." A seizure does not occur simply because a police officer approaches you and asks a few questions, as long as a reasonable person would feel...