its been a week since my husband was accused of a horrible accusation against a child it wasnt the child who said anything it was my brother who doesnt even like my husband , what kind of evidence will they look for, how long can it take, will cps...
You really need to meet with an attorney who focuses a good portion of his/her practice on sexual assault/abuse allegations, as this is an incredibly complex area of the law, and filled with some major pitfalls.
What happens now, during this pre-filing stage, can sometimes mean the difference between charges being filed versus a closure of the investigation with no charges. The involvement of an attorney at an early stage can not only impact this process, but can also be well-informed to begin work rapidly if charges ultimately are filed against him.See question
me alone our i will send this to cps his job and family can i take this to the police without getting in trouble for threat to show video
This is a very complicated situation. You don't mention whether you have applied to the court for an order prohibiting contact. You could qualify for a domestic violence protection order, or an anti-harassment order. I think the former is more appropriate. This order would provide you with peace of mind that you at least have a means to call police and have him arrested if he violates the order. He would be charged at that time with a criminal offense.
To obtain the order, it's a good idea to contact the Superior Court where the abuse is happening, and ask for assistance in filling out a petition for a domestic violence protection order. Often there are advocates at the court who will assist you in this paperwork and process. You can also retain a private attorney to assist you with this process.
This course of action could do more to protect you than having to worry about threats and following through if he continues to hurt you. You mention CPS, so it's not clear if you have children in common -- if you do, you can list them in your petition as protected parties.See question
I am not on probation and have a passport I was cconvicted in January 2012 and am still paying restitution
In all likelihood, you can expect to have problems entering Canada. There are provisions to allow you to apply for temporary leave to enter, and there is a more intensive process that can be attempted down the road, to petition for a Certificate of Rehabilitation, in order to prove to Canada that you have completed all of your obligations and you have remained crime-free for a certain period of time. Either process is somewhat complex, and you may want to enlist the aid of an attorney who can help you. I recommend Joshua Sohn at the Embarkation Law Group in Vancouver BC, if you want assistance or insight into this process. You may (in the future) *potentially* apply for vacation and sealing of this criminal matter, which can help you with the Canada issue, as well.See question
It's been a few years since someone I know has gotten a dui. He didn't show up for the court hearing, and now has a warrant for his arrest. If he were to turn himself in now, or get himself arrested, how long would he stay in jail for and how mu...
It would be a good idea to sit down with an attorney who focuses on DUI defense, so the attorney can investigate the case and give options for the jurisdiction where the warrant was issued. Some jurisdictions permit a defendant to appear and request that the warrant be quashed. That may be a little unrealistic if there has been a space of years since the warrant was issued.
As for how long he would be in custody, it would depend on a few things -- if he cannot post bail/bond, and remains in custody while the case is pending for trial, he could be there for some time. If he bails out, or if the judge agrees to quash the warrant and does not require bail, then the question regarding jail time is dependent upon how many prior offenses your friend has, the well as the ultimate outcome of the case. If the charge is reduced to a lesser offense, or perhaps dismissed, or if he enters a deferred prosecution program, it is possible to avoid jail altogether. But it's impossible to know what is realistic without knowing all the circumstances of the case.
Finally, if this is a felony DUI, the stakes are higher on just about every point I mentioned above. The bail is likely quite high, and the chance of jail is higher as well.
More information could help your friend decide what to do. Sitting down with a DUI attorney is often a free consultation - most of us are able to look up some basic information and at least give you a sense of what you're facing, even before being hired on the case.See question
The amount of money the check fraud felony they claim is 30k$. I have no idea if/what the bail is and have no idea what I should do about turning myself in to avoid spending time in jail. What are the procedures for turning myself in? Should I go ...
You should consider hiring an attorney to look into this and assist you. If you cannot afford a private attorney, do contact the office of public defense to inquire about the appointment of an attorney to help you. An attorney may be able to assist you in requesting a release on personal recognizance, or give you other important information and ways to minimize the consequences. Sometimes simply posting bail is the best option, but if it is possible to request court approval of a release on personal recognizance, you can save the money you would invest in the bond, and use it to fund your defense expenses in the case.See question
My boyfriend and I were on our way home from a nearby bar in a taxi cab. The taxi cab driver got extremely lost on his way to my house which is approx 2 miles from the bar. After driving in literal circles the driver attempted to drop us off six b...
You may want to consider retaining your own attorney, to assist you in understanding your rights and obligations in this process. Your own attorney can also act as an advocate with the prosecutor and the court, to make sure that your preferences are clearly presented. Many people who are classified as "victims" by law enforcement and prosecutors are told that an advocate will be appointed to represent their wishes. However, you have no choice as to who will advocate for you, and normally these persons are not lawyers, and the confidentiality of their communications with you is absolutely not guaranteed. They cannot advise you officially about your obligations in the process, and they may also disagree with your wishes, and not present your opinion in the way you would like it to be presented. While it sounds expensive to hire a separate attorney for this situation, it's often a very important and helpful decision. The attorney who represents your husband cannot formally advocate for you or represent your interests, as this would almost always be a conflict of interest.See question
I was charged with a Theft 3 at Winco and I did cooperate with security . I paid the full civil Demand the following day. I am unemployed but did not qualify for a PD and am unable to pay an attorney. At my 2nd hearing, I got an offer from the ...
Handling this without an attorney is not only a poor choice, but it can also hurt you. If you make any representations to Winco about your responsibility for the theft, or anything that could be construed as an admission of guilt, it could potentially be used against you in a future proceeding.
The Washington Supreme Court has upheld the admissibility of offers by a defendant to a victim, in order to pay for damages, in State v. O'Connor, 155 Wash.2d 335
(2005). You really need to talk to an attorney who is well-versed in this area of law, and who can approach this process appropriately and protect you from problems related to your own communications. Best of luck in your case.
My son-in-law had a DUI earlier in 2010. Received typical penalties for first offense DUI, including probation. Last night, my daughter had to have him arrested for domestic violence (he had been drinking). This was also a first offense for him...
Depending on the terms of the probation conditions established when your son was sentenced to the DUI, he can be facing jail, fines, or enhanced probation conditions (like increased probation visits, electronic home monitoring, etc). There's a pretty broad range to what the judges will impose for violating terms of a sentence.
Even if he is not convicted of the Assault, the fact that he was drinking can be an independent basis to find a probation condition. Also, the arrest itself can be determined to violate the probation on the DUI, depending on the sentencing judge's interpretation of a term like "no criminal law violations."
It's a tough question to answer more specifically without more facts. You should have him consult with a lawyer ASAP to defend against the assault, and also to work with him to try to avoid probation consequences on the DUI. It's important to hire a lawyer who is familiar with this area of practice and the courts where the DUI and the Assault will be filed. I hope this helps to answer your question.See question
I have never committed a crime before until recently while working for a bank I stole $10,000. What may happen to me?
It's important that you consult with a criminal defense attorney in your area immediately to assess your situation. It is possible that you could face a number of different criminal charges, based on the method by which you obtained the funds, whether it involved computers, forgery, etc. It is difficult to predict what you could be facing without more information, so the best advice an attorney could give you at this stage is to consult with a local criminal defense lawyer right away.
Good luck to you,
I am a witness for a trial. Can I refuse to speak in a trial or is it okay if i said that i dont remember anymore. What are the consequences? because the person getting persecuted is my freind.
You have the right to consult with an attorney and have that attorney represent your interests as a witness. I recommend that you consult with someone in your geographical area who is familiar with criminal law and who is willing to represent a witness. That attorney can provide insight as to your options, your rights, and your ability to (in some instances) invoke your own right to remain silent. The attorney can also try to assist in communicating with the prosecutor about your hesitations or your concerns in the prosecution. Their voice is sometimes heard more clearly than by the witness himself/herself. The attorney can also provide the likelihood of the Prosecuting Attorney pursuing various causes of action (like arresting you, serving you with a subpoena, etc) so that you can weigh the options and make an informed decision about what to do.
Criminal Defense Attorney