Police was called in for a domestic disturbance. Police collected personal property from the scene. Owner wants to retrieve the property. There is no criminal or civil case opened. There is a police report. Under which statute can the owner retrie...
Hire an attorney to take care of this. While there may not be any "open" criminal case in the sense that criminal charges have been filed by the district attorney, the district attorney may still be gathering evidence to make a decision whether to file the case. If the DA has already made an affirmative decision not to file, you should be able to get your property back but you simply requesting it back from the police may cause you to run into some bureaucratic interference, hiring an attorney should get the job done. The DA has 1 year to file a misdemeanor, and usually 3 years to file most felonies (sometimes longer depending on the felony). You should avoid interacting with the police or DAs Office at all costs, interact with an attorney only to protect yourself and retrieve your property. All the best.See question
Hello, I was pulled over for DUI because the cop says I was swerving but I don't remember that happening. It was obvious he racially profiled me. I failed the SFT's and the cops violated my rights by arresting me before they got a blood sample. Th...
Since you cannot afford to pay a private attorney, you should request a public defender. Your public defender will know the applicable law and will have have the luxury of having read all the police reports and reviewed other relevant evidence, which is something nobody here has access to. Your other option is to represent yourself but this is almost certainly a terrible option since self representation in a criminal matter is akin to someone performing surgery on oneself. All the bestSee question
Now 5 yrs later in charged & heading for trial on a misdemeanor dui
Maybe you were not arrested or cited but the DA filed the case within a year of the incident otherwise this misdemeanor case would not be pending 5 years later. Were you breathalyzed or blood tested and what were the results? As others point out, your query lacks any real question but if you have one you should pose it to your current attorney. If you don't have an attorney you should hire one immediately.See question
Hi, so my shoplifting incident occurred about a week ago. the store told me that i would receive a civil demands letter in about 2 weeks. the police were not involved so i am not sure if and when i will receive a court summons letter. the address ...
I don't believe such letters have a no-forwarding notice on them. Regardless you don't have to pay a civil demand letter. You should consult a criminal attorney in the unlikely chance that loss prevention called police after you left store (I have seen it occur before).See question
got pulled over driver ran from the scene and passenger was detained by law enforcement since the driver ran can the passenger be charged even though he wasn't driving
The government must be able to prove that someone accused of DUI was driving, being a drunk passenger in a car driven by a drunk driver is not a DUI (for the passenger). However the government can charge anyone with anything and cops can and do lie. If a cop pulls over a car and then the driver flees (whether this is seen by the cop or not), the cop can then pull the passenger out of car and treat him as if he drove and claim in his report (falsely) that he pulled over a car with only one person in it. At that point, the case would read like a standard DUI with no way for the passenger to prove that the car was actually driven by someone else (the now vanished actual driver). Now if there's a video showing the driver fleeing, that's an entirely different story, obviously there there's no way to pin a DUI on the passenger. But if either the cop didn't see the driver flee or the cop lies and claims there was only a single occupant in the car driving (the passenger), then the no-drive defense will be difficult to establish. Obviously this individual needs an attorney asap to fight any charges. All the bestSee question
I recently got my 3rd DUI, my first was in 2006 and second was in 2008. I don't know my BAC and I was advised that I would have to spend a minimum of 60 days in Jail. I have 3 kids and i'm a single dad. If i go to jail, i'll lose my job, my home, ...
120 days custody is mandatory on a 3rd time DUI but that time maybe able to be done on some combination of electronic monitor, work program, in-patient treatment or jail. You should hire an attorney asap who can recommend that you proactively check yourself into an in-patient treatment program to prove you are seeking help for your serious alcohol problem. All the bestSee question
Okay long story short my bf and I had got into a bad argument that led to me pushing him and him pushing me. I had fell and scrap my three fingers bad, and when the police came they had arrested him. (I called the cops) not knowing now I'm only 18...
Your boyfriend needs an attorney to represent him asap. You've revealed here that you want this case to be dismissed so you should not speak about the facts of this case to anyone except his attorney (or your attorney) in private. His attorney may tell you that you should also be represented by counsel given that you apparently lied to police in falsely reporting a crime which is itself a crime under Cal. Pen. Code 148.5. If you are contacted by anyone with law enforcement or the DAs Office, you have absolutely no legal obligation to say anything, and saying anything will not help your boyfriend. If you are subpoenaed to testify in court at a preliminary hearing or trial and you decide to refuse to testify, you can't be jailed for this per Cal. Civ. Code 1219(b). Help your boyfriend by contacting an experienced criminal attorney. All the bestSee question
We had a DD and I as dropped off @ my car that afternoon. Entered my vehicle but only to sleep it off. Plus my car was out of gas. I did however, have the key in the ignition. I just don't even know where to begin with all of this.
From your question you indicate that you didn't actually drive your vehicle, which is a required element of proving a DUI. You should immediately hire an attorney who can aggressively fight this case for you. All the bestSee question
The bond was $50,000. I paid $5,000 ten percent of the entire bond. There were 2 other co-signers as well. I don't know where he is and he didn't go to court. Am I responsible to pay another $45,000? Will I go to jail?
You won't go to jail, with respect to your co-signing the bond, this is a civil matter. The details of the bail agreement can be found in the contract you signed. Sometimes the co-signer grants the bail bondsmen a lien on property in the event the bailee flees, sometimes it's simply an unsecured debt. In any event, the debt is dischargeable in bankruptcy if it comes to that. However you frame your question in the future conditional: ..."if I post bail for my brother and then he disappears..." so perhaps you haven't co-signed yet. If you think your brother might abscond (if he hasn't already), perhaps you shouldn't co-sign. All the bestSee question