Archived
Can my brother file for a motion to dismiss because due process clause when the police only showed one photo to the victim?
Howard's answer
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Answered on August 31, 2009
The appropriate Motion to be filed would be a Motion to Suppress the out-of-court identification, not a Motion to Dismiss. The impact of the Motion...
Archived
Can your probation be revoked ofr a first violation
Howard's answer
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Answered on August 31, 2009
A Violation of Probation exposes the person to being re-sentenced, which can be up to the statutory maximum permitted by the charges for which your...
Archived
How long can someone be held for an ARREARS charge?
Howard's answer
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Answered on August 31, 2009
From your facts, it appears that your friend is being held on a Violation of Probation (VOP), for not paying the assessed monetary penalties (an...
Is a bb gun considered a weapon?
Howard's answer
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Answered on August 31, 2009
In NJ, the answer would be yes, any type of BB gun, air rifle, spring-pistol (like an air-soft) that discharges a solid pellet would be considered...
Archived
How can you determine if the Highway Patrol car was calibrated and when?
Howard's answer
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Answered on August 31, 2009
Patrol vehicles are calibrated by testing, with a certificate of calibration being issued. The calibration needs to have been performed both prior...
Archived
Is it better to turn your self in
Howard's answer
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Answered on August 31, 2009
Yes. HIs attorney can then argue that he surrendered to the Court once he realized that he had missed his Court date. This can be phrased to...
Archived
No Police Officer info (name, badge #, unit #) on my Colorado traffic ticket.
Howard's answer
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Answered on August 31, 2009
Under most corcumstances, the two most important pieces of information that need to be on a traffic summons are the offense that is being charged,...
Archived
Do I need a lawyer for a misdemeanor marijuiana charge?
Howard's answer
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Answered on August 30, 2009
I agree with my colleague. The public defender may be at the courthouse, and if you qualify, you may be able to use their services. Otherwise, you...
Archived
What is the punishment for violating probation for a felony charge in georgia?
Howard's answer
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Answered on August 30, 2009
You have two issues. The first is the VOP for violating the probation condition of no new arrests. This exposes you to being re-sentenced by the...
Archived
I got 3 criminal charges on 1 speeding ticket reckless driving, excessive speed and racing im 18 what can i expect?options
Howard's answer
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Answered on August 30, 2009
I agree with my colleague. As good a site as Avvo.com is for general legal questions, there is not enough information for us to estimate a...