Archived
If the judge determines that a warrant request is valid, will the defendant be arrested at that time?
Benjamin's answer
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Answered on September 17, 2018
I am assuming you are referring to a pre-warrant hearing that you requested in magistrate court. If the judge determines probable cause exists...
Archived
Do I need a criminal defense lawyer for theft by deception case when its involving a civil matter in my opinion?
Benjamin's answer
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Answered on September 12, 2018
I represented a man on appeal in a very similar case, and he was and still is serving 25 years in prison. So, yes, you need a criminal defense lawyer.
My husband was charged with SIMPLE BATTERY-INSULT/PROVOKE(16-5-23(a)(1)) and SIMPLE BATTERY-PHYSICAL HARM(16-5-23(a)(2)) in GA.
Benjamin's answer
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Answered on September 11, 2018
Does your husband have a lawyer? If not, he clearly needs one. If so, he needs to ask his lawyer all questions.
Archived
My friend was deported to Nigeria 20 years ago. How can he get a waiver to return to US?
Benjamin's answer
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Answered on September 11, 2018
This is really an immigration question, so I have changed the category from criminal defense to immigration.
Archived
Can someone be charged for statutory rape if the underage person was 15 and is now 18 so 3 years later?
Benjamin's answer
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Answered on September 10, 2018
I’m assuming that the father was not also under age at the time. Yes, he can still be prosecuted. Depending on his age, it could either be a...
Archived
Serious Injury Supported Only By Less Safe?
Benjamin's answer
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Answered on September 09, 2018
Yes, of course. DUI less safe is a DUI.
Archived
What if you where charger with dui less safe under influence of marijuana would your license still be suspended?
Benjamin's answer
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Answered on September 05, 2018
Yes, because of your age. You need a lawyer.
Archived
What is best to plead to a possession of THC? Nolo and hope to get first offender or not guilty?
Benjamin's answer
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Answered on September 01, 2018
The best and only way to handle this is by hiring an experienced criminal defense lawyer for your son, who can probably get this case dismissed...
Archived
My boyfriend was not read Miranda rights when picked up on a family' violence charge. Will this help him in court??
Benjamin's answer
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Answered on August 23, 2018
No. Miranda is only required when someone is under arrest and being interrogated by the police. TV and movies portray Miranda inaccurately.
He's a registered sex offender, they order 250 for him to pay or locked up for not paying? Can they do this if he dont have $$
Benjamin's answer
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Answered on August 22, 2018
Make sure he reports when directed. He can’t be violated for being too poor to pay, unless they can prove he has the money and is withholding it or...
