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Tracy Catherine Miller
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Tracy Miller’s Answers

3 total

  • I am on a deffered judgement for a domestic violence case which will be dismissed in 06/12. Will I need expungement as well?

    I am having extreme difficulty getting a good job as this case shows up in the bg check. I am a engineer with no other arrests/ record other than this one - The case shows as a misdeaminor on the BG check , it happened in 10/10 and the court gave ...

    Tracy’s Answer

    If it truly is a deferred entry judgment (DEJ) case (meaning you have NOT been sentenced), then once you comply with all terms of your bargain with the court/District Attorney's Office then, yes, your matter should be dismissed and your record should reflect the same. Note however that the arrest will remain on your record and if an employer runs your information through certain databases it may be found. In addition the disposition concerning the DEJ may appear depending upon the terms of your bargain.

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  • Can my boyfriend and I still see each other with a peaceful contact restraining order?

    he was charged with DV six months ago but we live together and worked it out. I was under the impression that as long as we are "peaceful" with each other we are able to be around each other/remain living together. Someone told me that we can't ha...

    Tracy’s Answer

    If the language of the order specifically allows for "peaceful contact" then, yes, you may be around one another and/or reside together; however, for your boyfriend to avoid further criminal charges all contact he has with you must remain just as the order says...peaceful. Any acrimony, harassment or arguing he engages into with you can cause him to possibly violate the order which may also result in new charges filed against him.

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  • Do I need a lawyer?

    I was charged with petty theft at walmart. I had no intention of stealing. I have cash with me. I was looking for my mom & sister when 5 securities just grabbed & dragged me across the store. I have no criminal record whatsoever. This is my first ...

    Tracy’s Answer

    It sounds like you may have some legal defenses to assert, but I would need to know more details to advise concerning those issues. Note however that since you were given a ticket to appear in court does not necessarily mean criminal charges have actually been filed against you. Since Loss prevention agents and/or police officers are not lawyers, they have no power to actually file criminal charges against you - that is the job of the filing agency (e.g., District Attorney's Office or City Attorney's Office). If the case is weak the filing agency may "reject" the case for any criminal filings against you. Thus, the best thing to do at this point is hire an attorney to at least reach out to the filing agency in the jurisdiction where the alleged crime took place to ascertain if a case has been filed against you. If you have absolutely no criminal record that fact, along with any weaknesses in your case, would be great evidence for an attorney to present to the filing agency in mitigation against filing criminal charges.

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