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Tarek Shawky
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Tarek Shawky’s Answers

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  • Got arrested for possesion, attained medical card 5 days after, I have my first court date coming up. Would I be able to use?

    Got arrested for possession 5 days before attaining my Medical Marijauna card , I have my first court date coming up in 6 days. If I show the prosecuting attorney or judge that I have my card prior to being convicted would I be able to use? Assumi...

    Tarek’s Answer

    Medical Marijuana prescriptions only provide a valid defense if you had the card prior to your arrest. Most likely your case will not be dismissed since you got your card after the arrest. Whether you get probation or custody will depend on the amount of marijuana. Since you have no record probation is the most likely outcome unless it was a ton of weed. Good luck.

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  • I was arrested photoed printed and then released pending further investigation... How do I find out what I have been charged wit

    No search warrants No signed papers on what was found and taken

    Tarek’s Answer

    It sounds like you have not yet been charged with anything. If you are charged you will receive some type of notice to appear in court. In court you will be presented with the charging document which will explain exactly what charges are filed. It is possible that no charges will be filed but only time will tell.

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  • I was arrested for resisting without violence, and they searched me and found a fake identification, what kind of trouble?

    i was arrested in downtown miami at a bar for resisting, and when the cop searched me he found a fake military id. I bought the id online at a novelty store because i like the marines, though i never was in the marines. Can I be in any kind of t...

    Tarek’s Answer

    A federal prison sentence would require that you get charged and convicted by the US Attorney's office. That is unlikely since the feds have much bigger fish to fry. The cop is most likely trying to scare you, which they often do. Focus on the reisisting arrest charge since that charge is much more likely to be alleged than the federal charge. Speak to a local defense lawyer to help you with that case. Most provide free consultations.

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  • How many times can you reschedule a felony court date?

    Court date is in Indio, I tried to get it transfered to the Riverside court house but they would not allow it...... Already rescheduled TWICE since it's the Indio court and I have no car and no ride from where I'm staying in Riverside..... How man...

    Tarek’s Answer

    There is no limit to how many times you can reschedule a court date, as long as there is a valid reason. However at some point the judge will get fed up with postponing the hearing and will refuse to postpone it any further.

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  • If someone is following you and getting in your face, and you've told them several times to leave you alone, can you punch them?

    so this person gets in your face and you tell that person to leave you alone and you walk away but this person keeps following you and tries to get in your face and starts calling you things and you keep trying to find a way to leave but he keeps ...

    Tarek’s Answer

    The law doesn't allow you to respond to verbal taunting with physical force. You should talk to a criinal attorney if you were cited or arrested. You may have some other defense but taunting is not one.

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  • What will be the result of my minor in possession court case?

    I received a ticket for minor in possession last week. I was holding a open canned alcoholic beverage for a friend for a picture. The moment I turned around to hand it to him, an officer quickly asked for my I.D. and wrote my ticket. I am 19. I wa...

    Tarek’s Answer

    Each county and courthouse are different. If you have no record, this is not considered a "serious" violation, but it may end up costing you some money, stress and your first conviction. Common punishments include probation, fines and community service for a first offense, but this is all very fact specific so you should contact an attorney to discuss things in more detail.

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  • What does "incorporated by reference herein as if fully set forth herein" mean in laymen terms?

    Subject says it all (SSIA)

    Tarek’s Answer

    Whatever is "referenced" is accepted as part of the original document/agreement as if the referenced document is included in the text of the original agreement.

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  • Probation Violation without a court date?

    My PO told me a month ago that he was violating my probation because i blew a .001 PBT test. I am due off probation tommorrow (May 23rd) and have not recieved a letter nor a courtdate i have been following up everyday to check the court house for ...

    Tarek’s Answer

    If you're probation expires tomorrow, then you are done with probation. The violation has to be alleged before probation expires otherwise it is of no consequence. If you receive notice of the violation after probation expires, then either you or your attorney can notify the court that probation has previously expired and therefore there can be no probation violation. It is an issue of jurisdiction and the court no longer has jurisdiction over any probation issues once probation expires. Make sure you do not sign and documents agreeing to extend your probation for any reason. Talk to a local attorney for a free consultation if you need any additional info.

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  • Is there a defense to being arrested on false felony charges because police think that you may have drugs concealed internally?

    Police had no evience after searching my vehicle and my person for drugs so they intentionally falsified a felony charge in order to subject me to a body scan which still produced no evidence.

    Tarek’s Answer

    It sounds like your defense in this case is that you were innocent and had no drugs or contraband on your person or in your property. If there is no contraband present then there is no case against you and there would be no charges filed. You don't need any more of a defense than that. If you were falsely arrested you can file a complaint against the arresting officer which will go in his personnel file and can have serious negative consequences for the officer's future, so I strongly encourage you to file a complaint if you were arrested without cause.

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  • Can I be Charged with distributing for being in a home during a drug raid?

    Hadn't even been there 5min before they kicked door in,I have no criminal background,I had no illegal substance on me & was not under the influence of any drug. Everyone in house was taken to jail on book and release but I had distributing charges...

    Tarek’s Answer

    Talk to an attorney about the specific facts of this case, and until you do, your best course of action is to remain silent and not to speak to police or law enforcement. Police are known to lie and make false promises about "dropping charges" if you cooperate, so don't buy what they're selling. Steer clear of the police and advise your family to do the same, and do not to allow them in the home if they come wanting to talk, and in fact you should ignore them if they come to your house. That is harassment and you have no obligation to speak with them. Call a local criminal attorney who can give you more specific advice for your situation because you can be charged for a crime if you were present with the drugs in the home, so it is advisable to speak to an attorney asap.

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