Eleanor L. Miller’s Answers

Eleanor L. Miller

Phoenix Criminal Defense Attorney.

Contributor Level 10
  1. Can a criminal defendant file a motion pro se, challenging the search warrant and the aff. of probable cause filed

    Answered over 2 years ago.

    1. Eleanor L. Miller
    1 lawyer answer

    I do not practice in TN, but I can give you some generalized advice. In my jurisdiction, if you are represented by an attorney, a judge will not consider a pro se pleading from the defendant. I don't know if that is true in TN, but I suspect it is. There is a means of challenging the veracity of the search warrant affidavit, but you carry the burden of proving it contained lies or deceptive information. The case is called Franks v. Delaware, and the hearing a "Franks" hearing. Your...

  2. Can i be imprisoned is someone says? (I dont think i should do this)

    Answered over 2 years ago.

    1. Ezra N. Goldman
    2. Barry Franklin Poulson
    3. Andrew Charles Lapres
    4. Eleanor L. Miller
    4 lawyer answers

    I agree with the previous answer. A minor cannot "consent" to sexual conduct with an adult. It is what used to be, and still is in some states, called "statutory rape," because the illicit conduct is made illegal by statute (law), even if the conduct is consensual for both parties. I also agree that your brother can be convicted of statutory rape based upon the girl's testimony alone, although these days juries do expect some kind of physical evidence that a rape (or other sexual conduct)...

  3. Where do I find the best Criminal Attornery re: Child Porngraphy?

    Answered over 2 years ago.

    1. Bradley Allen Stephenson
    2. Charles Elwood Soechting Jr.
    3. Eleanor L. Miller
    3 lawyer answers

    There is also a distinct possibility that your son is telling you the truth. There are ways that information and pictures can be stored in another person's computer, without the knowledge of the computer's owner. When you discuss the case with an attorney, ask him/her if he/she uses experts, who have the ability to literally go back in time on the computer and determine whether it was your son or someone else that downloaded the images. A forensic computer expert is a critical component of...

  4. As a defendant the arresting officers and the Da are trying to indict me with someone else's charges

    Answered over 2 years ago.

    1. Eleanor L. Miller
    1 lawyer answer

    There is so much more information an attorney would need to answer this question. Often, an indictment or complaint is filed before the state knows who all the "players" are in a case. For example, in a conspiracy, it may not know some of the co-conspirators' names. Usually they can get them from one of the defendants who has been charged. You then can be added to that indictment/complaint. You need to provide more information before your question can be answered. However, I suggest...

  5. Once found not guilty for trafficking in a contolled substance, can the authorities question you when you go to pick up your

    Answered over 2 years ago.

    1. Eleanor L. Miller
    1 lawyer answer

    Sure they can. But you don't have to answer. Try to remember the Fifth Amendment gives you the absolute right to remain silent when being questioned by police, whether you are or are not in custody.

  6. Charged with violent crime. Can I be convicted based on one eyewitness' testimony?

    Answered over 2 years ago.

    1. Karyn T. Missimer
    2. Eleanor L. Miller
    2 lawyer answers

    Sadly, yes, you can. I echo the answer of the previous attorney. Get a competent criminal defense lawyer as soon as you are able to do so.

  7. Filing a motion???

    Answered over 2 years ago.

    1. Karyn T. Missimer
    2. Theodore W. Robinson
    3. Eleanor L. Miller
    3 lawyer answers

    You should first ask your probation officer. He/she will either ask the court for you, or refuse to do so. If he/she refuses to do so, you will have to file something with the judge, generally the same one who sentenced you. Don't leave the country without a court order permitting it.

  8. Can a lawyer hold my property?

    Answered over 2 years ago.

    1. Donald N. Macneil
    2. Eleanor L. Miller
    2 lawyer answers

    Generally, an interest holder in seized property must file a response or answer to the seizure complaint within a specific amount of time. From what you have said, that time may have run out. I would contact another lawyer and ask him/her to find out if you still have time to answer the forfeiture complaint to have your property returned. As for the other lawyer, he is certainly entitled to be paid for whatever work he has done on the forfeiture. However, if that was what you...

  9. I was arrested and fingerprinted for a summary offense retail theft under $150. Do I need to go to court?

    Answered over 2 years ago.

    1. Adam D. Zucker
    2. Eleanor L. Miller
    2 lawyer answers

    I do not practice in Pennsylvania, so I can only give you some general advice. If this theft is considered a criminal matter, and I suspect it is, then it is not like a civil traffic ticket where you can just send in the fine and dispose of the matter. You probably will have to go to court, at least once. You should receive something (a summons) by mail or delivery ordering you to attend a court date. Do not miss that date, or a warrant might issue for your arrest. Also, you should check...

  10. Me and a friend messed around with this girl, now she is accusing me of rape when it was clearly consentual. police came and did

    Answered almost 3 years ago.

    1. Todd F. La Neve
    2. Erick Masten Platten
    3. Eleanor L. Miller
    3 lawyer answers

    Find the best attorney you can by going to your state bar and finding out whether it "certifies" people as criminal law "specialists." If so, pick out some names and visit with 2 or 3 or more, until you find one with whom you are comfortable. If there are no certified criminal law specialists, obtain names of attorneys from friends or relatives who have been in criminal trouble and who were satisfied with their attorney's performance. Your attorney may have to hire an investigator, so...