Eleanor L. Miller’s Answers

Eleanor L. Miller

Phoenix Criminal Defense Attorney.

Contributor Level 10
  1. Criminal Defense (Juvenile charged BM11) Knapp counsel

    Answered about 4 years ago.

    1. Grant Richard Burton
    2. Eleanor L. Miller
    2 lawyer answers

    As you noted, "Knapp counsel" is based upon a case in AZ which says that if the defendant is indigent, and his family or friends want to hire a private practice attorney to assist the public defender appointed to your son's case, they can do so. Our state legislature attempted to "erase" this decision by passing legislation allowing the PD's office to withdraw whenever a private attorney comes on board. The PDs file the motion, but it is normally denied because of the language in the Knapp...

  2. 6 year old warrant in Maryland... I just found out in different state

    Answered about 4 years ago.

    1. Edward Lee Guinn
    2. Eleanor L. Miller
    2 lawyer answers

    I agree completely with the first answer. Get a competent criminal defense lawyer. However, there are circumstances when, after the state has filed a complaint or indictment against you, when the state must exercise "due diligence" in locating you and returning you for trial. The state cannot just sit on a warrant and hope that someday you'll be pulled over for a traffic infraction, and then extradite you. A good defense lawyer will be able to tell you whether this is one of those...

  3. What steps should you take when the Assistant Cheif Probation Office, is rude. Always says NO no matter what the case might be?

    Answered about 4 years ago.

    1. Lee William Fitzpatrick
    2. Eleanor L. Miller
    2 lawyer answers

    I suspect that there is more to this story. However, if a supervising probation officer is being unreasonable about allowing you to do certain things, you can always go back to the judge who placed you on probation and ask him/her to allow you to do them. My guess in this case, however, is that not allowing you to work with an R & B group is not unreasonable and judges are very hesitant to "overrule" a probation officer's decisions, unless there is a very, very good reason. I would look...

  4. If there is serious doubt about the innocencenc should the person still be put to death?

    Answered about 4 years ago.

    1. Robert C. T. Reed
    2. Wayne E. Brucar
    3. Cynthia Russell Henley
    4. Eleanor L. Miller
    4 lawyer answers

    I agree with the other answers, that is, a lot more information is required. However, considering you are asking whether a person should be put to death, I am guessing that the person you are talking about has been convicted and sentenced to death. If he/she cannot afford an attorney, he/she is entitled to one on appeal. If the appeal has already been lost, there may be a "post conviction relief" statute or rule in your state that can be utilized. (I am not licensed in VA.) Following that,...

  5. Is it legal for the Poway Sheriff to take the pants and shoes of my 19 your old son for evidence without charging him with a

    Answered over 4 years ago.

    1. David Philip Shapiro
    2. Mary Frances Prevost
    3. Eleanor L. Miller
    3 lawyer answers

    I think the answer to this question is a little bit more complicated. First of all, did they have a warrant to arrest your son? While he was at the station, did they read him his rights (indicating that he is a suspect) and question him? Is your son of average intelligence, or has he any mental disabilities that the police might have taken advantage of while questioning him? Why did they take him to the station, when they could have taken the items from him at the house? And were there any...

  6. My son received a letter from Ga dept of corrections that he is in violation of his probation. Does he need to get a lawyer?

    Answered over 4 years ago.

    1. Lee William Fitzpatrick
    2. Eleanor L. Miller
    2 lawyer answers

    I suspect that your son was either misinformed, or misinformed you. He needs a competent criminal defense lawyer immediately.

  7. Is it normal for my attorney to not go with me to an initial appearance in court?

    Answered over 4 years ago.

    1. Cynthia Russell Henley
    2. Brock Morgan Benjamin
    3. Carolyn F. Horton Mcdaniel
    4. Eleanor L. Miller
    4 lawyer answers

    If your attorney has a good reason for not being able to attend (another, more serious court appearance with another client for example), then he should arrange to have an attorney from his firm or another attorney attend with you. It is inappropriate to send a client to court alone, once you have been retained (or appointed). I agree with the others. Find someone new.

  8. Are witness statements supposed to be shown to anyone other than law enforcement prior to charges being filed?

    Answered over 4 years ago.

    1. Donald Jack Davis
    2. Eleanor L. Miller
    2 lawyer answers

    I don't practice in IN, but I suspect that there may be some law concerning public records (and non-public records) which might answer this question. I suggest you contact an attorney in IN.

  9. Can I have my possession charges dropped because the policeman pulled me over and ticketed me for a brake light that was not out

    Answered over 4 years ago.

    1. Michael Jason Rhoades
    2. Jessica Ruth Towne
    3. Eleanor L. Miller
    3 lawyer answers

    This is a Fourth Amendment problem that absolutely requires the assistance of a competent criminal defense attorney to analyze all the facts (e.g., did you give consent to the search? Is that abrogated by an unlawful stop?) pertaining to the stop and what happened after it. No attorney can answer the question you asked without all the details. You must discuss this with a Georgia defense attorney, and if you have the police reports, bring them to the meeting. Good luck.

  10. Anybody been released early on probation for sex offenses?

    Answered over 4 years ago.

    1. James Morris Balagia
    2. Rosario Stornello
    3. Eleanor L. Miller
    3 lawyer answers

    Are you talking about JUST probation or sex offender registration as well? They are different and handled differently in most jurisdictions. I don't practice in Texas, and recommend strongly that you see a good criminal defense lawyer to have your questions answered. However, as I said, in most jurisdictions, if the defendant is JUST on probation, there is a possibility for early termination, depending strongly on how well he is obeying the terms and conditions of his probation. If, on...