Jennifer Ellen Horwitz’s Answers

I concur with the answer provided below and have some additional comments. There is a lot at stake for you in this case because of your status in the Marines. A criminal conviction could create a problem for you in your military career. Since you have not prior convictions, it is very important that an attorney try to get this case resolved for you in a manner that will leave you without any convicitions on your record. I'd be happy to consult with you about this case. Make sure whoever...

A conviction for domestic violence fourth degree assault could imperil your status in this country and chance to become a U.S. citizen, if that is what you wish to do. However, there are possible ways this case could be resolved that would not trigger deportation or other immigration consequences. Make sure you work with a criminal defense attorney who is well-versed in the immigration consequences of criminal convictions and has an idea how to resolve this case in an "immigration-safe"...

I agree that you should speak with several attorneys about how they would handle your case and meet with at least a couple before you decide who to hire. You should ask questions about their experience with drug cases and experience representing people with immigration concerns as well as their trial experience. In addition, you mention that the drugs were not yours. This may mean that investigation needs to be done to convince the prosecutor that this is the case. You should also explore...

For some serious crimes, juvenile court can decline jurisdiction and send a minor to adult court. However, a third degree theft, which is a misdemeanor, is not such a crime. In fact, if the juvenile has no criminal history, the case may be eligible for something called diversion, which is a resolution where the case is resolved without any criminal conviction. Make sure the lawyer who gets involved in this case is very familiar with juvenile criminal cases so that they can advise this minor...

The judge could take you into custody, but it is more likely that the judge will release you on your own recongizance and set conditions of release. The judge could also set some bail amount that you would need to post to remain out of custody. One condition of release that will almost certainly be imposed is that you have no contact with the alleged victim. You must abide by this no contact order until the no contact order is lifted by the court. The case could become much more serious if...

What will happen to a DV case when the alleged victim does not want the case prosecuted? It is frequently the case that an alleged victim of a domestic violence case does not want to participate in prosecution. If she communicates this to the prosecutor it will NOT automatically result in the case being dismissed. Once the case is filed, it is up to the prosecutor whether to pursue the prosecution and the prosecutor often assumes the alleged victim has been pressured into saying now that...

It is not unusual that your next court date is in Februrary, depending on how busy the Court is, and considering the holidays. Betweent the arraignement and the pretrial hearing, you should either hire a lawyer or be screened for a public defender. Your lawyer will then enter a notice of appearance and request for discovery, which will lead the prosecutor to provide the police report to your lawyer. Your lawyer should then review the police report with you and discuss with you whether you...

No, your boyfriend will be entitled to credit for any time he served on that case before bailing out.

If medical assistants are board certified, than you should ask the board that question. Otherwise, it will be up to your employer. If your conviction is several years old and you have completed all of the conditions of probation and paid restitution and received a Certificate of Discharge, you may be eligible to have your conviciton expunged, which would delete it from your criminal history record. Depending on whether your crime was a class B or C felony, you will also need to be crime free...

Your son's father needs counsel with experience representing people charged with domestic violence offenses. While the maximum penalty is one year in jail, the ultimate sentence should take into account both his criminal history and any mitigating circumstances, such as mental health issues. Both he and you might also benefit from you retaining counsel of your own to help you voice to the prosecutor and the judge your wishes regarding a resolution of the case.