When I was arrested for carjacking I had poor legal help and signed to a stayed sentence of five years. I didn't understand what a stay was at the time. I completed my jail time on that case however when released to a drug program (Part of my se...
ehThee answer depends on several factors. But yes, if the judge finds you in violation of probation (leaving the program) technically, the only thing he/she can do is lift the stay and impose the sentence already imposed - to which you agreed. In some instances, the judge will not find a violation, give you another chance and send you back into the program. It is very unlikely that you will be able to get around the "stay" you signed up for on the basis now that you didn't understand. A little late for that....See question
I was caught shoplifting at Macy's. Total was almost $1,800. I was stopped exiting Macy's into mall. With my daughter in stroller. I have no prior record. I paid my bail $2,500 since it was set at 25,000 I would like an attorney who has exp...
You can use the "Find A Lawyer" function here on Avvo to find a lawyer in your area. You can read their profiles and reviews and decide which one looks the best to you. Yes, under the parameters you describe you are going to want to hire a good criminal defense attorney.See question
The vehicle in which we were in was stopped for expired registration. The stop was justified. After the officer decided the driver of the Vehicle was guilty of a DUI. He cuffed him n Sat him on the curb. He turned his attention to the front seat p...
Yes, it could be legal or not depending on the facts and circumstances. It certainly needs to be explored in more detail as these issues are very fact-specific. Doubtless the police will recite facts that will support their actions; but the good news is that there are more people present than just the cops. In any event, consult with a criminal deense attorney to explore the issues.See question
The local police are saying I'm a drug addict and charging me as a felon in possession of a firearm. How can this be if I've never been convicted of a drug offence or a felony either one?
Yes, the law prohibits the posssession of firearms by drug adddicts, How the government would actually prove the case under these circmstances is another story, Hopefully,, you have a good criminal defense attorney who will represent you.See question
First time offender,
Those are the charges as Mr. Marshall points out. As to what will happen to you, if that is what you want to know, that depends on many factors, including the facts of the case, your criminal history, and others. Consult with a criminal defense atorney in your area to get an assessment of your case.See question
As we were driving away she told me that wasnt her bag! Shes never been in any trouble, ever. Me, I'm a felon. She suggested we go put it back. Me, being a felon, thought, We were already gone, and i didnt want to go into that vehicle a THIRD ...
Your facts are very confusing such that your questions cannot be accurately answered. Aside from that, Mr. Marshall's advice is sound: don't talk about what happened with anyone but your attorney. If you don't have one, get one.See question
Was givin time to take care of afairs.i was told to come back gor sentancing. January.4.they said after the fact that as soon as i leave court ijad to report to ponation.why am i being put on probation when i have not been sentance yet i dont thin...
Likely, you were ordered to probation for the preparatinon of a pre-sentence prebation report to be reviewed by the judge at the time of sentencing. Your attorney should be able to assist you.See question
The public defender IS an appointed attorney. If your brother is not getting along with his attorney, or if he feels he is not getting proper representation, he can request what is called a Marsden Hearing to air his grievances with the judge. It is a closed hearing. If the jduge finds that another attorney would be appropriate, he will relieve the public defender and appoint another attorney. Your brother does not get to select an attorney, however. He will get a conflict attorney approved by the court.See question
A police report was filed in 2011. New information has subsequently been received. Can the new information be added to the existing report? If not, what can be done?
Usually a "Supplemental Report" is generated when new information is received. The original report is not changed. Sometimes, an officer writes a "draft" report that is edited or changed before the final report is completed, but once completed, the report is not changed. It is common in continuing investigations such as murder cases, for there to be many supplemental reports.See question
Dec 24th on our way home from a Christmas Eve party my girlfriend and me started to argue. We when we got home I avoided this argument by leaving her at the house and took our four kids to the store to get drinks and snacks. While at the store my ...
Yes, they can charge you now with any charges for which there are facts in support as long as it is within the Statute of LImitations. You need to place yourself on calendar to have the warrant recalled, and then handle the case through the court system. Of course, you may have many defenses to the charges and just because the DA has decided to file a complaint does not mean necessarily that a conviction is certain. As we often say, you need to at least consult with a qualified criminal defense attorney to get the best results.See question