My minor son has been charged with sexual abuse 2nd degree. The D.A. wanted my son to see a sexual abuse psychologist and admit to what he did! My son has a low I.Q. He has learning disabilities. He's 16 with a mind of a 12 yr old. My son did not...
If a person is saying that your son sexually assaulted him or her, it is not hearsay and it is evidence that can be used to convict him. Many people are convicted of sexual assault without scientific proof. I assume your son has a lawyer. If not, get one immediately. Suing the state will be very difficult as prosecutors have broad immunity from suit for prosecutorial decisions. For now concentrate on helping your son. Talk to his lawyer. If the lawyer thinks there is a chance he can be convicted, listen to the lawyer. Do not assume that your son cannot be convicted without the type of scientific evidence you see on TV.See question
A person was taken into custody and is now refusing to go to court to be arraigned. What are the legalities of refusing to go to court?
The person will likely be forcibly brought to court. If the person refuses to enter a plea at arraignment the judge will most likely enter a not guilty plea in the record and schedule further proceedings. One exception to this is if the judge or attorneys think the person might have mental illness problems or otherwise be incompetent, the person might be sent for a psychological evaluation before further proceedings. Ultimately, the case will go forward, with or without the person's cooperation, unless the person is found to be incompetent to stand trial.See question
I was caught buying 7 ecstasy pills by an undercover. The officer stated my rights and claimed no jail time for complying. I am a 20 yr old college student with a clean record. He said I was going to receive a letter in the mail but did not state ...
You need to do two things. First, stop admitting to crimes on the internet. These statements can be used against you. Second, hire a lawyer. A conviction for this offense will have serious consequences including paying back and denial of future federal student financial aid.See question
It's a case of a felon being caught with a gun if he is about to make a deal and the gun charge is being dropped can the feds pick it up and charge him with the gun charge?
The short answer is yes. Talk to your lawyer about this. Your lawyer may have a better idea about whether this particular U. S Attorney's office will pick it up.See question
I was recently pulled over and given a ticket for driving without a license. I refused to give him any paperwork without his presentation of probable cause
No, the officer does not need to tell you what is suspected when investigating a crime. In fact, they are allowed to lie to you to get you to tell them things you otherwise would not say.See question
When was 16 years old I was employed by my mom's former employer. I worked for a summer with her and mostly weekends. She sexually abused me for about 2 years until i was about 17 almost 18. After I graduated high school. I started working for her...
Yes, there is a possibility. You need to talk to a lawyer who handles these sorts of lawsuits. I am moving your question to Lawsuits and Disputes.See question
I was convicted of a felony as a juvenile in 97, last year I successfully got my juvenile records sealed. I am curious to know if I would be eligible to purchase a firearm or if I am allowed to be in possession of one ie. out with friends taking t...
This question is going to require a Washington attorney to look at your record and give you an opinion. Hire one for the answer. You can find one by using the Find a Lawyer tab at the top of the avvo page.
BTW, your charges were sealed, not expunged.See question
My dad was a passenger in a car that had the wrong license plate. After getting pulled over, everyone, with exception of my dad, ran but were later caught. There were drugs in the car (synthetic and real marijuana). My dad is in Felony Probation a...
I have to assume that your father is on federal probation for a different offense than you describe. I say that because people are not on federal probation pending charges, only charges where there is a conviction. If the supervision you refer to as "probation" is based on the pending charges it is either a federal diversion or bail. Depending on which of the three it is, the results can be different. Which is it?See question
If a person is charged selling a controlled substance outside of their home, and they were enhanced to a career offender, was given 9 years and was only supposed to get 30-41 months but they received a 108 and the federal want them to do state tim...
It is not clear what you mean by new sentence reform, and I can't tell what you mean by doing state time all over again.
If you mean that you were in state custody when you were sentenced in federal court, and then finished your state sentence before going to federal prison, you will not get credit for your state time against your federal time. To get the two sentences one of two things must happen. If the person is in state custody at the time of sentencing the federal judge must order that the sentences be concurrent. If the person is in federal custody, the state judge must order that the sentences be concurrent. If you are in state custody and the state judge orders concurrent sentences, the BOP will ignore it when you get to federal prison after state prison because the state judge has no authority over the federal BOP. The opposite is true if you are in federal custody first and the federal judge orders concurrent sentences.See question