Skip to main content
Jennifer Ellen Horwitz
Avvo
Pro

Jennifer Horwitz’s Answers

59 total


  • Does My Mother Need a Lawyer after being charged with Assault4DV

    My Mother and i got into an Altercation and the Police were called, She was arrested on Friday August 1st and Charged with Assualt4DV and Released Monday August 4th with a No contact order being placed keeping her from being around me. My Real Que...

    Jennifer’s Answer

    Your mother needs an experienced criminal defense attorney who has handled domestic violence cases. The prosecutor will not dismiss the case just because you want it dismissed, and the no contact order is imposed while these cases are pending as a matter of course, so your wish not to have it imposed will likely not be honored, especially at the beginning of the case. Nobody who reads your question can evaluate the quality of the evidence here and the likelihood that the case will eventually be dismissed. You will need to retain an attorney who will give you their opinion after they review the evidence.

    See question 
  • I need answers?

    My boyfriend is in jail due to D.V, we have a court ordered no contact order and we have a baby together. I want my family together more than anything in the world. When he gets out of jail, I want the no contact order off. We are both minors. Ple...

    Jennifer’s Answer

    It is always a tricky situation when someone is arrested for a domestic violence offense and the alleged victim does not want a no contact order or wants the charges dismissed. He needs a lawyer experienced in domestic violence cases. I have also found in handling many of these types of cases that the case can benefit from having the alleged victim represented as well. The lawyer for the alleged victim can help make it clear to the court and prosecutor that the protected person does not want or need the protection of the court.

    See question 
  • I got cought shoplifting at walmart for about $45 worth of make-up. What are the consequences? Im 21

    I made a poor and stupid desicion of stealing make-up. As soon as i walked out a secury guy stoped me and took me to his office, they took my picture i signed a paper and they asked for my ID and my SSN. No police were involved, but they called to...

    Jennifer’s Answer

    • Selected as best answer

    Do not further communicate with Walmart or the police until you retain and consult with experienced counsel. Since this is your first offense, the goal should be to keep this off your record. An experienced attorney should be able to come up with a strategy for defending you on this case. If you are not a U.S. citizen, even a misdemeanor theft charge can imperil your status in this country or plans to become a U.S. citizen, so if that is an issue, make sure you consult with someone who also understands the potientioal immigration consequences of such a such charge.

    See question 
  • If charged 2 felony cases like conspiracy to deliver and possession and they took your cars, can cars be a separate case?

    Already went to court for a drug case and got charged for the 2 felony charges but now going to a civil court to get my cars back. Can the prosecutor subpoena me to court as a witness to testify against myself for the cars? Because when I went...

    Jennifer’s Answer

    It is important that you consult an attorney about the forfeiture case in addition to the criminal case. Sometimes the fact that someone owns a car can be important evidence against them in a criminal case (say, if drugs were found in the car) and it can be damaging to the criminal defense to assert ownership in the context of the criminal case.

    See question 
  • PSP 1st...value of item(s) calculations

    When determining the severity of possession of stolen property, is the item(s) current value, the amount used, or is the item(s) value at time of loss at time it was reported? what if lawful owner never reported it, only after law enforcement sei...

    Jennifer’s Answer

    The value of the items is connected to how the crime is charged. I would suggest consulting with an experienced attorney about this issue because your attorney may be able to negotiate a resolution of the case after showing that the value of the property is now a lot less than what the prosecutor believes it is.

    See question 
  • Sentencing for 2nd degree burglary for a minor in juvenile court for a first offense?

    A friend of mine was arrested and is being charged with 2nd degree burglary for breaking into a utilities building. He is 17, and has no prior criminal record, so what type of sentencing will he face?

    Jennifer’s Answer

    Your friend and his parents should get a criminal defense lawyer with experience handling juvenile cases involved. Juvenile criminal prosecutions are handled differently than prosecutions of adults. If your friend has no prior criminal history, there may be ways to resolve this case without leaving a felony on his record and without time in JRA (juvenile detention). If your friend and his parents are considering retaining private counsel, I would be happy to speak to them.

    See question 
  • Trespass impact on green card renew and citizenship application?

    I received a charge for Theft 3 degree, which tends charging to Trespass suggested by prosecutor, and may follow with a deferred sentence; I need do community service and pay fines. My case is still pending. Should I accept it and plea to guilty f...

    Jennifer’s Answer

    It is critical that you retain a criminal defense attorney who can consult with an immigration attorney in crafting a result for you that does not jeopardize your status. Do not accept any offers until you have had the benefit of advice from an experienced criminal defense attorney and an immigration attorney.

    See question 
  • Should i pay the bill that walmart sends me for shoplifting

    i got caught shoplifting and they want me to pay should i and if i don't will they take me to court also i am only 13

    Jennifer’s Answer

    You should consult with an experienced criminal defense attorney on this matter. On shoplifting cases, I normally prefer that my clients not pay in response to the store's civil enforcement efforts, because I may be able to use the promise of payment later as a bargaining chip to resolve the criminal case.

    See question 
  • What happens when charged with assault and destruction of property?

    My boyfriend and his mom got into an argument and he ended up kicked the bedroom door in their apartment off. He didn't touch his mom at all because she was the one who was slapping him but she told the police that he punched her and that she fell...

    Jennifer’s Answer

    Your boyfriend should consult with a criminal defense attorney who is experienced in handling domestic violence cases. The maximum penalties have been accurately stated by other attorneys who have answered your question. Your boyfriend needs an advocate who can persuade the prosecutor that what his mother says happened is not what actually happened. That will require reviewing all discovery on the case and possibly interviewing his mother and the police who responded to the scene. The goal would be to get a dismissal or the best possible outcome on the case, especially if your boyfriend has no prior criminal convictions. This will make it especially important to try to get this case resolved without a conviction ending up on his record.

    See question 
  • My sister has a warrant for a failure to appear in polk county oregon, and she is getting married in November

    She never got the letter saying she had to appear in court, infact she didn't even know she had a warrant until she opted for a background check to see why she wasn't able to get a job. When she found out she called the court house to see about sq...

    Jennifer’s Answer

    Your sister needs to contact an attorney licensed to practice law in Oregon to find out what the procedure is to quash the warrant.

    See question