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Cheryl D Stein
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Cheryl Stein’s Answers

8 total

  • Can a rental company in D.C. bar you from their property if your only crime is that you was once on the Sex Offenders Registry?

    I've not done any on nor near property. Nor their resident. Just that conviction years ago is the only cause.

    Cheryl’s Answer

    There is not a simple answer to this question. Even if they could theoretically bar you from the property, there are certain procedures that must be complied with. And only certain people who have the right to make the decision.

    I would suggest that you contact the D.C. Office of Human Rights, 441 4th Street, N.W., 727-4559. They can likely answer the basic civil rights part of the question for you.

    Cheryl Stein

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  • If I have misdemeanor charge on my juvenile record how will that affect my chances for college?

    Recently I went to a juvenile court and got a misdemeanor on a possession of drugs charge. If I complete 80 hours of community service and take 20 narcotics classes the court said my case will be dismissed. I am wondering how will this affect me w...

    Cheryl’s Answer

    Very few applications ask whether you have been arrested, as opposed to convicted, for a crime. In addition, juvenile records are not public information and are not accessible through any web database. You should not lie on any application, but I doubt that this will actually be a problem for you.

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  • Does a lawyer have a right to be nasty and hurt client?

    A nice criminal lawyer was advised of a problem by a potential client and was specifically promised complete confidentiality. The nice lawyer had to leave the large group,& client didn't want anyone else. Client requested and got money back, sin...

    Cheryl’s Answer

    It sounds as though this might be a breach of a lawyer's obligation to the client. But it is impossible to tell for sure based on the facts presented.

    It does sound as though the client may have a valid ethical complaint. S/he should contact the Office of Bar Counsel. That is the office that prosecutes ethical violations by lawyers. They have a fill-in-the-blank form that is very easy to understand. The client can contact them at 202-638-1501, and they will walk him/her through the process.

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  • Does the court have to inform a defendant of a guilty plea that they will be sentenced to a private prison instead a state

    prison. I'm trying to get some information for my brother n law, who claims that he did not did not agree nor sign a contract to be leased by the state of GA to a private corporation.

    Cheryl’s Answer

    Unfortunately, the answer is no. The decision on where to house a defendant after sentencing is made by the department of corrections. The judge is not consulted and does not know in advance what placement will be made. The defendant has to be informed of the maximum possible sentence for his charge(s) and any specific sentence that may be part of the plea agreement -- but not about where he may serve his sentence.

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  • Is it legal for a 16 year old girl and a 19 year old girl to be in a sexual relationship?

    I am curious to what exactly the age of consent for homosexual activity is in Montana. I am the 19 year old and am curious as to how much trouble i could get into.

    Cheryl’s Answer

    I answered this question before, and I need to amend what I said. It is perfectly legal for a 16-year-old and 19-year-old to have consensual sex in Montana. The basic age of consent is 16. I should have been more careful with my reference to 14- and 15-year-olds. It is possible to defend against a charge of having consensual sex with someone of that age by claiming that you had a reasonable belief that they were 16. There is also an exception if the other person in the relationship is less than 3 years older. But once the person is 16, they are free to consent to sex with anyone.

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  • Is it legal for a 16 year old girl and a 19 year old girl to be in a sexual relationship?

    I am curious to what exactly the age of consent for homosexual activity is in Montana. I am the 19 year old and am curious as to how much trouble i could get into.

    Cheryl’s Answer

    You can't get in any trouble if the sex is consensual. The age of consent in Montana is 14. It makes no difference whether the relationship is homosexual or heterosexual.

    Of course, if the sex is not consensual, then you could get in a lot of trouble.

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  • Is it a crime to file false domestic violence charges? and if so, what can be done about it?

    My wife has had me arrested several times. she drops the charges or does not show up for court. we are separated now. what can i do. she is ruining my life.

    Cheryl’s Answer

    It is illegal to file a false police report. In most states it is a fairly minor offense, and you may well have difficulty getting the police or the prosecutor to take any interest in the case. You can make the effort and see how they respond.

    If you don't want to pursue criminal remedies or you can't get law enforcement interested in pursuing the case, there are a couple of other things you can try. You can hire a lawyer to write her a letter, informing her that filing false police reports is illegal and warning her that any repetition of that behavior will lead to legal action. That might scare her into stopping.

    Your other option is to sue her in small claims court for false arrest. Every state has one. The dollar amounts vary, but they are usually somewhere between $5000 and $15,000. It is very inexpensive to file the case, and you don't need a lawyer.

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  • Charged with possession of marijuana/pipe.

    I'm a minor so therefore I'm facing juvie jail. I went to a party, and seconds later the cops came in.They searched everyone, and I was fined for having a small cut half pen that is a "pipe" it has small bits of scattered marijuana in it. They did...

    Cheryl’s Answer

    Your clean record in both school and court will definitely matter to the judge and the prosecutor and will benefit you in the way that your case is handled. You also need to have a lawyer represent you in this matter. As you say that you are without funds, you will likely qualify for a court-appointed lawyer. The procedures for appointing a lawyer vary from state to state. I do not know how the process works in Louisiana. Most of the time the appointments are made when you have your first court date. If you want to get some advance information, you could try calling the juvenile clerk's office at the court or your local public defender service.

    It would be irresponsible for any lawyer who does not represent you to advise you on how to plead. That would require knowledge of all the facts of your case, which only the lawyer who ends up representing you will have. You don't want to post any more details about your case on a website, as those disclosures are not protected by attorney-client privilege and could be used against you. While you will start off by pleading not guilty, the decision about whether to change that plea can be made only after a thorough review of the government's evidence against you and a confidential conversation with your lawyer about all the facts of the case.

    Good luck.

    Cheryl Stein

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