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Keith David Greene

Keith Greene’s Answers

6 total

  • If A 16 Year Old Gets Pregnant by A 20 Year Old, Could the Parents Of The Girl Press Any Charges On The 20 Year Old?

    If A 16 Year Old Has Been Dating A 20 Year Old, They Both Willingly Have Sex And The 16 Year Old Gets Pregnant, Could Her Parents Press Any Sort Of Charges On The 20 year?

    Keith’s Answer

    www.courts.state.md.us/district/selfhelp/crimes.html#complaint

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  • If A 16 Year Old Gets Pregnant by A 20 Year Old, Could the Parents Of The Girl Press Any Charges On The 20 Year Old?

    If A 16 Year Old Has Been Dating A 20 Year Old, They Both Willingly Have Sex And The 16 Year Old Gets Pregnant, Could Her Parents Press Any Sort Of Charges On The 20 year?

    Keith’s Answer

    While private citizens have the option to file an Application for Statement of Charges it is important to note that the Application is not the formal charging document. The Application is a criminal complaint and acts as a request to the Court Commissioner to issue a charging document. Upon consideration of the Application, it is to the discretion of the Commissioner to determine whether sufficient facts exist to establish whether a crime has been committed; moreover, whether a formal charging document will be filed.

    If the Commissioner, in his or her discretion, files a criminal charge, a summons for the defendant to appear in court or a warrant for the defendant’s arrest will also be issued. Once the Commissioner has filed the charging document the charge may only be disposed of by trial or by action of the State’s Attorney. Additionally, the complainant who filed the Application may be required to appear in court.

    So, as previously stated, while private citizens can report crimes (e.g. to the police department) and even request that charges be filed (e.g. Application for Statement of Charges), ultimately, whether formal criminal charges are filed is to the discretion of the government.

    For more information on this you can visit: www.courts.state.md.us/district/selfhelp/crimes.html/#complaint

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  • Do you recommend traffic school and pay the fine if I'm Guilty for speeding ticket in CA? or Recommend plead no guilty at court?

    On my notice says that I'm elegible for traffic school.

    Keith’s Answer

    I agree with Mr. Fink. If you believe that you are guilty of committing the offense and have no valid defenses then your best option is to probably pay the fine and take traffic school. If you take traffic school you can potentially prevent your car insurance premium from increasing and a point from being added on your driving record. If on the other hand you decide to go to court, contest the ticket and subsequently lose, you will not have the option of participating in traffic school.

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  • If A 16 Year Old Gets Pregnant by A 20 Year Old, Could the Parents Of The Girl Press Any Charges On The 20 Year Old?

    If A 16 Year Old Has Been Dating A 20 Year Old, They Both Willingly Have Sex And The 16 Year Old Gets Pregnant, Could Her Parents Press Any Sort Of Charges On The 20 year?

    Keith’s Answer

    In the State of Maryland the age of consent is sixteen (an exception is made when the defendant is less than four years older than the victim). Accordingly, if sexual intercourse occured while the daughter was sixteen, it appears, based on these limited facts, that no criminal charges would be filed.

    On a side note, private citizens do not file charges. They can report possible crimes, but it is to the discretion of the District Attorney, or other government attorney, as to whether criminal charges will be filed.

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  • Trying to find out the cost and time of my court appearence for july 28 2010. speeding ticket 42 miles in a 30 mile zone,

    also failure to change address at DMV

    Keith’s Answer

    You can likely log online to the court's website for the county in which the citation was issued and find the department number and time that your case will be heard. It is unlikely, however, that the fine (or bail) amount will appear online (that should have been mailed to you). You can always call the clerks office to find out the fine amount (but you may be stuck on the phone for an hour or more). Nevertheless, you will find out the fine amount on the day you are required to appear. If payment is a problem, you can request the court for permission to do community service in lieu of paying the fine or you can ask for a payment plan.

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  • WHEN can I start the expunging process for my 2 misdemeanors?

    I have 2 misdemeanors for petty theft that both happened in the last 6 months....i was sentenced a few days ago to 1 year probation. I was wondering when or if I can have them expunged? It happened in Lake City Florida by the way.

    Keith’s Answer

    I am a California attorney. It's good that you included the state where the incidents took place because every state has its own laws regarding the expungement of criminal records, so it is important to consult with a Florida criminal defense attorney.

    However, as a general matter there are two types of expungements: permissive and compulsory. A permissive expungement occurs where the defendant does not necessarily qualify for an expungement, but moves the court for an expungement based on the court's discretionary power. A compulsory expungement, on the other hand, occurs where the defendant meets all the statutory requirements for an expungement and thereby moves the court for an expungement. In a situation where the expungement is compulsory, the court has little authority to deny the motion.

    Again, as a general matter, a criminal defendant can seek to have his or her record expunged after all the terms of probation have been completed or there has been an early release; all fines, fees and restitution has been paid; the defendant is not currently serving a sentence or probation for another offense; the defendant complied with the entire sentence; the defendant was not given probation on a previous matter; and, the defendant is not currently charged with a different offense.

    My understanding of expungements in Florida (and you should verify this with a practicing Florida criminal defense attorney) is that expungements are only compulsory where there was no actual conviction or guilty plea and where the defendant has not previously had his or her record expunged. Additionally, there are many types of offenses in Florida that cannot be expunged (crimes that are deemed "dangerous offenses") - many of which pertain to sexual crimes, but others which are theft type crimes, like robbery and burglary (however, I don't believe that petty theft falls under this category).

    Again, I am a California attorney and this answer is meant as general information pertaining to expungements. Expungement law is state sensitive, so I recommend that you consult a currently practicing Florida criminal defense attorney.

    Hope this was helpful. Best of luck.

    Keith Greene, Esq.

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