On Dec 26th I was served with a temporary anti-harrassment order by my roommate. Although my roommate is also my ex & we do share 3 children, we live on separate floors of the house & have not been in a relationship of any kind since 2008. In...
While you may need a landlord-tenant attorney down the line, if he does seek eviction, right now what you need is someone experienced in handling protection order cases. Courts routinely issue temporary orders when a petition is filed. It is at the next hearing that the argument should be made that there is no basis for a permanent order. It is important that you seek experienced counsel to handle this matter because the courts often grant permanent protection orders if they do not understand that the petitioner does not have a basis to obtain and order or has abused the system.See question
I hv a residential burg and a delivery to an informant on my record
The state sentencing system for felonies takes into account a person's criminal history and the seriousness of the new offense or offenses. Nobody can predict what the outcome of your case will be. While the right retained counsel should have more time to spend on your case than a public defender, hiring private counsel does not guarantee a "win" or any specific outcome. Experienced and competent counsel will evaluate the evidence against you and analyze whether there is a legal or factual issue that might amount to a defense or lead to a dismissal. If there are possible weaknesses in the case against you, counsel may use this in plea negotiation to obtain a reduced charge or favorable sentencing recommendation from the prosecutor. No matter how the case is resolved with the prosecutor (if you elect to resolve it rather than going to trial), it will be up to the sentencing judge to decide what your sentence should be.See question
"If you rent and he is not on the lease, in other words he lives there because you wanted him to live there, you can change your mind and inform he that he is no longer welcome to reside in your home or your leased premises. If he fails to comply ...
You should hire an attorney experienced in domestic violence criminal cases to represent you since it sounds like there may not have been a basis to arrest you and charge you with a crime. However, it is hard to know exactly what prompted your arrest, since you provide very little information. Once you have counsel on board, you can give your attorney all the relevant information about what happened between you and "him," what the housing arrangement was, and what the police said about why you were arrested (instead of "him". Your attorney can then advocate for you, and if you did not commit any crime, hopefully convince the prosecutor either not to file charges (if they have not yet been filed) or to dismiss the charges.See question
I move out of CA with court approval after receiving a five year Domestic Violence restraining order. He is still in CA and is stalking me on facebook. Is this a federal violation?
There are some federal statutes that might apply to cyberstalking, but the reality is that this is not likely to be the type of case that would get prosecuted federally. You should report this to the police and it might be prosecuted at the state or local level.See question
I was wondering also I am scheduled for a pretrial in early January but I am scheduled for surgery is there a chance I can be able to have the court reschedule my pretrial.
I handle many domestic violence cases in my practice. There are several factors I consider in deciding how to structure a fee agreement: What court is the case charged in and will I have to travel far, does the person have prior convictions, are there immigration issues to consider -- these are just some of the factors I consider. I then request an advance fee desposit that I place in a trust account. The amount I ask for is affected by the specifics of the case. I then work on the case at my hourly rate and use the money in trust to pay invoices. I set a minimum balance that we agree will be kept in trust while the case is pending so that money is always there to pay invoices. If any money is left after the case is resolved, I return that money to you.See question
I requested the police reports on something my husband was involved in and the police sent me back an email that he was charged and they can't give me the reports. We have not been notified of the charges or anything so now what do we do? Any a...
Many of the very good answers you received to your question pertain to how the case will proceed after charges are filed or how to press the police department for the reports you are seeking. It could make a critical difference in the case to hire counsel to advocate for your husband in the pre-filing or investigative phase of this case. I have represented a number of people before charges were filed and have, in some of those cases, been able to persuade the prosecutor not to file charges or to file less serious charges than were being contemplated. Once the case is filed the attorney representing your husband will be provided with the report. If you hire an attorney at the pre-filing phase, they may be able to get the report from the prosecutor who is evaluating the case.See question
The police officer came to my window and recognized my friend's friend (A), there is a warrant out for his arrest. The arrested him and put me in handcuffs as well, they soon got a warrant to search the car and found A's backpack in my trunk which...
I agree with the other answers given and wanted to add something. You do not explain why the police stopped the car in the first place, but an experienced criminal defense attorney may see a basis to challenge the stop and as long as there is not other evidence, such as a statement from you, it may be possible to challenge the evidence seized and get the case dismissed or charges reduced.
Every lawyer has their own way of structuring fee agreements. Many, like myself request a certain amount as an advance fee desposit and then charge for their time hourly, requiring that a minimum balance always be kept in trust. Find the attorney you want to hire and discuss how they wish to structure the fee agreement with you.See question
Of going to court every month decided to to just pay fine and do requested assessment. Another year pass by I receive summons for court hearing review..I forgot to finish paying court fees as I was supposed to but did my asessment..what do I do??!...
It is good advice to finish paying the fees now. If they are paid by the time you go to court, the court will likely excuse the fact that they were paid late. You must also check to make sure you completed all the other requirements of your sentence. If you completed an assessment, did you complete all of the follow-up treatment? It is important, not only to have your fines and fees paid, but also to comply with all of the other expectations of the court.See question
I am on video pawning a hammer drill which was apparently stolen. I was asked by a childhood friend who does not have a valid ID and has a child on the way to loan the item so he could get a hotel for the night as he has been living in his car. He...
You should retain an attorney to represent you and not meet directly with the police. The police can make all kinds of promises that you will not be prosecuted and they may or may not keep that promise. The only way to get a binding agreement that you will not be prosecuted is if your attorney contacts the prosecutor who reviews the case for the filing of charges and gets an agreement from that person not to file charges. You may be prosecuted if you knew or should have known that the item was stolen and allowing yourself to be used by someone in this way may place you in jeopardy. You should retain counsel who can decide with you what is the best next step to take in this case.See question
We were just fighting outside and someone called the cops. He never touched me he just took my phone. I refused to write a statement or cooperate with the police. The state is trying to say nco for 5 yrs. I want to fight this
It often is not enough for a person in your postion to advocate for themselves or even contact the attorney of the person charged. Courts err on the side of issuing and leaving no contact orders in place while criminal charges are pending. You may need to hire your own attorney to advocate persuasively for your position and give you advice if you do not want to cooperate with this prosecution.See question