Under current law, a district court would have 5 years of jurisdiction. If you pick up a new charge or fail to comply with the other terms of probation within the 5 years then the Court can impose some or all of the suspended jail time and fines. If the Court were to wait until the last day of jurisdiction and impose (for example) 364 days - you would still have to do that time even though the Court's jurisdiction ended before you finished serving your time. In other words, they would not...
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Although it would be great if police officers had access to interpreters whenever they needed them, there is no requirement that one be present. Generally, if an officer writes a statement for the alleged victim, they will acknowledge they did so but claim that the alleged victim agreed to whatever was contained within the statement. Anytime we're dealing with a statement written by someone else, the question of accuracy always comes up. Anyone hearing your wife speak will know that she...
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Anytime someone enters into your home and commits a crime, the seriousness level goes up dramatically. Call the police and file a report. That way, law enforcement can decide what actions are appropriate.
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No, there is no requirement that the police test the residue in front of you. If you are concerned that the police did not test the substance properly, you are entitled to have the evidence re-tested by an expert of your own. If the officers were using a standard NIK test for the field test, the results will most likely not be admissible in court during trial to show you are guilty of drug possession. The field test could be used to establish probable cause for arrest. The Prosecutors...
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There are three things that will happen: A Department of Licensing hearing, A Failure to Comply Hearing for the original charge, & Fighting the new charge. Department of Licensing: Just like in your first DUI case, make sure you know how and when to send in your hearing request form for the Department of Licensing - Let me know if the police did NOT give you a hearing request form. Failure to Comply: The Court handling your first DUI will send you notice that you have to come back in....
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