I have a friend who has been in jail now 35 days, being accused with a felony telephone harassment DV charge (threats to kill). He also has two prior DV cases with the same person. He has an ombinous hearing this week. He already plead not guilty ...
These are all good questions but honestly can't be answered until knowing more about the case, the allegations, the evidence, etc. At this point, your friends attorney is probably in the best position to answer them. But what I can tell is Alford pleas are hardly ever a good idea, especially in DV cases. They should only be used for specific purposes relevant to each case. And if he does take a plea offer at his next hearing, there will be further hearings as well with the case after the Sentencing Hearing. The courts normally set review hearings and related probationary hearings as well.See question
As stated, I just left the dealership parking lot and didn't see the light and it flashed as I passed the intersection running a red light. I have yet to receive the registration of the vehicle. Will the ticket be issued to me or the dealership?
Most likely it will be traced back to you through dealership records, especially if you got a temporary permit. You can fight it but a red light camera violation doesn't go on your record. It is purely a revenue maker for the municipality...and the company who makes them, of course.See question
My wife was caught shoplifting (52$) in November and the case isn't over yet she was just caught shoplifting again (36$) and we were wondering if she is gonna get jail time. is there a way to fight it without involving a jail time
Any jail time would only follow a conviction at this point in the case, so obviously the goal is to keep that from happening,. As my colleagues have all pointed out, there are ways to keep a conviction from occurring, such as a Compromise of Misdemeanor or various plea negotiations resulting in a dismissal. But you need to retain an experience and competent criminal defense attorney immediately to begin work on your wife's case. Here to help.See question
I read somewhere that I can get thw case dismissed throught the civil demand is it true. My wife was caught soplifting second time in two months. She was caugth 3 days ago. The police gave her a ticket, and the store gave her a civil demand letter...
As my colleague discussed, the Compromise of Misdemeanor is essentially a tool to resolve certain misdemeanor criminal cases by reimbursing and in some cases also paying a civil penalty to the victim. The victim must then agree to this Compromise of Misdemeanor by signing it. It is then submitted to the court, where most judges will honor it, resulting Ina dismissal.
One question I am asked is where does a store or business as a victim in a theft case come up with this "civil penalty" from. The answer is found in state law, which authorizes business to establish this civil penalty, even if there is no damage and all items were returned. Businesses will tell you these costs are used to defray not only lost inventory, but also goes towards security costs. But lately, more and more stores have been reluctant to sign these Compromise agreements yet still want the civil penalty.
As mentioned, with two back to back thefts, a judge might be reluctant to grant a dismissal. I would agree that your wife needs to retain an experience and competent criminal defense attorney immediately to begin work on the case. There are a couple things your wife needs to do immediately that might help out her case. Here to help.See question
When I was in court my atty. said it wouldnt show up on background checks and it has. now i have a chance at a great job at with the office at a mental ward. I have the petty theft but I paid no fees to the store, to the state. I was given a year ...
My colleagues are correct in that there are various dispositions to criminal cases and even those that eventually lead to a complete dismissal can still show up on a criminal background check. A matter that was dismissed might not appear on your criminal history but anytime you are charged with a crime, there is a record of it , even beyond the courthouse. It's primarily due to the Information age we live in and if someone is conducting a routine background check, your charging information most likely will show up. A good place to start is to have an attorney file a request to seal your file after verifying just how your case was resolved.See question
I told him that I wanted to seek counsel first before speaking with him, and I wanted to make sure that was the right thing to do before answering anything. I haven't spoken with an attorney yet, but I was planning on telling the detective that I ...
As my colleagues have all stated, you absolutely should not speak with anyone about this matter, especially law enforcement. The only person you should discuss this situation with is a competent and experienced criminal defense attorney, who you should retain immediately. Detectives who contact you are simply doing there job, and that is to find evidence to be used in a prosecution. They are trained to elicit information from people they suspect of a crime, so you do not want to give them any opportunity to do so. And once they know you have an attorney, they won't call you anymore.See question
So when I got arrested, I was released before my arriagnment with no files charged. I plan to go to Canada to visit family for couple days. Am I allowed to travel out of the United States?
I agree with Mr. Earl. With no formal charges filed, you should have no problems entering and leaving Canada. Now if you are arraigned prior to leaving the country, the judge at arraignment could limit your travel as a condition of your release, but there are numerous factors that influence those decisions. Also, as mentioned, you don't want to inadvertently miss a hearing while you are out of the country so you should retain a competent and experienced criminal defense attorney to monitor any upcoming court hearings. Here to help.See question
I just left a great dinner with friend - and had a fender bender with another car. Do I have the option for a deferred prosecution instead of the Dui?
My first question is were you actually charged with a DUI with a .02? It is difficult to believe a prosecutor would actually charge someone with being impaired when your BAC is barely registering and certainly well below the legal standard. If you have been charged with a DUI, you need to fight it and save the deferred prosecution. You really need to challenge this charge as simply insufficient to sustain a DUI charge. Any toxicologist will testify that someone with a .02 cannot be impaired to an appreciable degree by alcohol. Retain a competent and experienced DUI attorney immediately and fight this charge. Here to help.See question
Person was sentenced to 6 months work release. If he was sentenced to 6 months incarceration in county jail he would do 4 of the 6, but in work release would it be the same?
Any time the question of "good time credit" comes up, even with work release, it is usually up to the facility holding the person. I know of some work release programs that do grant early release based upon good behavior, etc. Once a person is sentenced and begins serving it, he/she is under the direct supervision of the particular facility, so they have quite a bit of say in how the sentence is served.See question
he got arrested Dec.30, 2012.. I checked online and it says NO SCH ACTION - FUG... what does that mean? Also it says 2/3/2013 does that mean hes getting out that day?? hes 19 with no one there for him he also has some disabilities (mental) so hes ...
The abbreviation you are referring to means "No Scheduled Action-Fugitive." Due to his warrant out of Washington, our state has requested Nevada hold him so Washington can bring him back. I'm not sure what that date is referring to though, probably a future hearing date. But you need to contact a Las Vegas attorney or a public defender in that jurisdiction for more information on his case. Also, you can inform them about his disabilities, medication, etc.See question