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Daniel R Perlman
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Daniel Perlman’s Answers

629 total


  • How many years can a person serve in jail for a repetitive domestic violence case?

    I have a research project on the topic domestic violence and would like to know the maximum time that can be served. I have nothing specific, but I figured who else better to ask a legal question to than a lawyer or a lawyer site? Google was no he...

    Daniel’s Answer

    You really should do some research on this before writing your paper. The short answer is, "it depends." Domestic violence in Missouri can be charged as a misdemeanor, or as a Class A, B, C, or D felony, depending on the circumstances. So a person charged with multiple counts of Class A felony domestic violence could be facing multiple life sentences, while a person with multiple counts of misdemeanor domestic violence could face consecutive one-year jail sentences. If the individual was on probation or parole for previous domestic violence charges, any new sentence could be ordered to be served consecutively, or in addition to, any sentence imposed for the probation or parole violation.

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  • What should i do? I need help asap!

    I got arrested by two detectives earlier today, while I was smoking marijuana while I'm walking and I had a marijuana blunt in my pocket, they they didn't read my rights at all. What should i do!

    Daniel’s Answer

    The police are not required to read your Miranda rights unless you are in custody and they are interrogating you (that is, asking you questions about whether or not you committed the crime). If the police see someone committing a criminal offense, they can arrest the person immediately and take him to jail without reading the person his rights. It sounds like that's what happened to you. In any event, I would strongly encourage you to contact a qualified criminal defense attorney in your community for additional advice.

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  • Can they charge me with criminal trespass on a home my wife and my name are on the lease and my wife told me to leave.

    I have been staying at my mothers for 6 weeks hoping to work things out with my wife and was there today per her request. My belongings are still at the house along with my wife and children.

    Daniel’s Answer

    Trespassing can only be charged when you are on someone else's property without their permission or consent. You can't be charged with trespassing upon your own property, unless there is a court order requiring you to stay off the property. Having said that, if you are worried about this kind of thing happening, you may want to have a witness with you the next time you go to the home (or even a deputy sheriff if they will agree to accompany you) to make sure you aren't reported for something you didn't do.

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  • Is there a time limit for a parole officer to violate your parole when you get arrested on new charge

    On parole in NY state arrested for assault 3 rd degree haven't heard from parole and I'm in custody

    Daniel’s Answer

    Yes, but the only time limit is the day your parole expires. Other than that, if you commit a violation today, the PO can write it up a year from now if she wants to.

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  • My friend was cohorts by the judge in to taking a deal in a corrupt South Texas court can he recant ? No search warrant

    60 y/o m no record charged with 42.105 but he has a defense to prosecution in the law he planed on using as a defense. 42.105 (e) the research was being done. During the pre trail the prosecution offered a deal $300 fine 3 yrs deferred the judge s...

    Daniel’s Answer

    I agree that your question is difficult to understand. But it sounds like your friend was pressured into accepting a plea offer, which he took. If this is the case, it is very difficult to take back his guilty plea, unless he can show that his plea was "involuntary," which basically means he had no idea what he was doing. Unfortunately, the judge usually asks quite a few questions while taking any plea in order to make sure the defendant knows what he is doing, which makes it difficult for him to come back later and say that he didn't. Having said that, there are habeas corpus laws in every state that allow someone to try to have their conviction(s) set aside. Your friend should consult with a qualified criminal defense attorney in his area to discuss this matter further.

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  • My live scan results shows an incident from 1977, off to the side code that says TOC:F can you please tell me what that means

    I am interning at a Mens Recovery Home and a live scan was required. I am 52 years old and a 24 year retired Marine. My scan came back and there is an incident from the CAPD Los Angeles which reads: 71 PC-THREATEN SCHOOL/PUBLIC OFFICER/EMPLOYEE. ...

    Daniel’s Answer

    As the law currently reads, PC 71 is charged as a misdemeanor for the first offense, but can be charged as a felony for second and subsequent offenses. I acknowledge that I am speculating here, but I'm guessing that TOC:F refers to something along the lines of, "Type of offense charged: Felony."

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  • Can I get a ticket after I have already exited my vehicle?

    I was driving to my friends house and noticed there was a cop behind me but he hadn't put his lights on yet. I knew my tail light was out so figured that's what he would pull me over for anyways. After pulling up to my friends house and exiting th...

    Daniel’s Answer

    If the police officer had pulled you over, he would have needed a valid reason to do so. However, the officer didn't "pull you over" or detain you, he simply stopped near where you had parked. There is nothing unlawful about that. If he observed you driving with a broken tail light, he can write you a ticket on the spot. However, if you were out of the vehicle when he pulled up and turned his lights on, he may not have had legal authority to search your car, even if he had authority to write you the ticket. Depending on what was in the two cigars, it's possible that they could be suppressed as evidence in your case. You should definitely consult with a qualified criminal defense attorney in your area.

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  • First time traffic ticket for running a stop sign.

    On my way to Cal-State Northridge and I park on the residential streets. At the 4-way intersection where I proceeded to turn right there were two vehicles present one on my left to proceed straight and the other vehicle opposite me intended to tu...

    Daniel’s Answer

    Traffic school is always a good option if you are eligible for it. Alternatively, you can set the case for trial at your court date.

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  • Should i still try to get emancipated

    Im 17. I turn 18 on july 5 i am graduated from school and im looking for a job. Witch i will have within two weeks.

    Daniel’s Answer

    Why do you need to be emancipated when you are turning 18 in a few months?

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  • How can I request paperwork in order to better see if I may have a case and could sue

    if the hypothetical defendant refuses to provide paperwork? Is there a similar letter to be sent out to require paperwork just like I was requesting a demand for payment?

    Daniel’s Answer

    It looks like you need a personal injury or litigation attorney.

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