October I was charged with unemployment fraud. I am on unsupervised probation. I teacher it a government program. Had my back ground check it shows up. I need to have my record restrictions so I can continue to wok
You do not have a conviction. However, your record will not be restricted until you complete your probation. When is your probation complete?See question
Someone sent me dropbox accounts because we were talking about games well i signed into the accounts and their was child pornography. No I am not a person into that type of stuff. I am a 17 year old girl and I am terrified of getting in trouble I ...
I want to reiterate Noah's advice. As soon as possible, you need to speak with a criminal defense lawyer who has experience handling cases involving child pornography. An experienced lawyer can help guide you through the proper steps of protecting yourself. If you ignore the problem you put yourself at great risk.See question
My friend Gordon is going through a problem right now and he hasn't been able to stop crying since 4:40 Saturday afternoon. He was on a dating website called Skout and he was talking to a 20 year old guy, the guys profile says he was 20 and he sen...
It is illegal to posses sexually explicit photos of an child under the age of 18. It is also illegal to send sexually explicit photos to a minor.
While this sounds like a scam, the allegations are so serious that Gordon should not call the "father" or the "officer" or discuss the allegations with anyone before consulting with a criminal defense lawyer.See question
If both male and female were drunk and did not consent to sex and had sex, would it be considered rape?
Mr. Pines is absolutely correct in all of his advice. Please contact a lawyer if you are being questioned by anyone about an incident like this. I would add that in a situation where both parties are very intoxicated both parties are at risk of being charged with rape. However, if the state is going to bring charges in a situation like that they tend to bring them against the male and treat the female as the victim.See question
The 5yr old later stated that he just wanted to see my son get in trouble. My son stated that this never happened and that he walked in on him after he had taken a shower. They were both in the care of my mother at this time. My mother is terrifie...
Allegations of child molestation are very dangerous. They are among a group of alledged crimes that are prosecuted on the word of the alleged victim without any other suporting evidence whatsoever.
First and foremost I second the sound advice of Mr. Pines. Make sure your son does not talk to anyone, and I mean anyone, about this.
I also second the advice that as soon as possible you need to have a free consultation with a lawyer that understands the unique and difficult issues that arise with these types of allegations. Your son needs a lawyer soon so that the lawyer can attempt to persuade the state to not bring any charges.
Who was the 5 yr old talking with when he said that the allegation was not true? Was it the grandmother? Were there any other witnesses? Proving that the 5yr old admited the allegation was false will be extremely important. Another critically important task will be to scrutinize the allegations of the 5 year old to look for any inconsistencies that might indicate that the 5 yr old is lying.See question
my fiancée was arrested for family violence but when he got to the jail the charges changed to aggravated assault, cruelty to children 3rd degree and disorderly conduct and was denied bond
Unfortunately there are a variety of ways the charges could change. Are there allegations that he used some kind or weapon or that he was trying to rape or kill the alleged victim? If so that would be enough to charge agg. assault. Was there a minor under the age of 18 present when it happened? If so that would be enough to charge cruelty to children in the 3rd degree.
He needs an experienced criminal defense lawyer who can file a motion for bond and defend him against these charges.
If the facts of this case are very strong it may be difficult to get him a bond based on the priors you indicated in your other question. However, if his lawyer can show strong ties to the community and raise meaningful doubt about the allegations your fiancé stands a better chance at getting bond.
It is important to understand that just because the state may have enough to charge him with something, that does not mean that is enough to convict him. The burden of proof required to charge him with a crime (probable cause) is far easier for the state to meet than the burden required to convict him (proof beyond a reasonable doubt).See question
The individual has state probation (convicted for RICO Act, 8 years remaining) and also has federal probation (plea deal for bank fraud 4-5 years remaining) and while on these probation's he was arrested for child molestation charge. What is the l...
The ability to get a bond on the new child molestation charge will in large part be dependent on the strength of the evidence on the new charge. While having the two priors is unequivocally a very difficult hurdle to overcome, the good news is that the new charge is not at all similar to the priors. The individual's lawyer should argue to the judge who is deciding bond that these unrelated priors do not make it any more likely that he committed the child molestation. Connections to the community are also an important factor in deciding whether an individual is granted bond. Where does the individual live? Where are the new charges?
In regards to the state probation and the federal supervised release both prior cases are subject to revocation based on the new alleged offense. If the individual makes bond on the new charges they are subject to being detained because of holds. If they make bond before a hold is placed they may be re-arrested if violation warrants are sought in either the State or Federal system or both. In the State system it is very difficult to even get a bond hearing on a probation recitation. On the other hand, in the Federal system they always have bond hearings for revocations. In both the State and Federal revocations the individual is entitled to a hearing on whether the probation or supervise release was violated. In the Federal system the individual is actually exposed to additional time on supervised release for the revocation beyond the time remaining on the sentence.
This person needs to hire a lawyer that has extensive experience handling both Federal and State matters as well as experience handling the difficult issues that arise in child molestation cases.See question
weak for a variety of reasons. He was one of four people in the car, not his car and no drugs found on him or in his luggage. It has never been brought to a grand jury - The arresting officer was later fired (not related specifically) and the c...
They have four years after the arrest to bring a charge. It is sometimes possible to negotiate and resolve a case prior to formal charges being filed. Is not possible to determine whether it is better to wait or to try to proactively resolve a case prior to indictment without first engaging in a thorough analysis of the case. I strongly recommend that you consult with a lawyer who can walk you through the process.See question
My 18 year old ex boyfriend blackmailed me with the bra picture I sent him (I am 15). He tried to get sex but I refused and took the consequences of the blackmail. Can I get him arrested for this without me getting arrested for sending the picture?
There is an interpretation of the Georgia child pornography law that would make your act of taking and sending that picture a crime, though if it is a crime you are only guilty of a misdemeanor. Please consult with a lawyer prior to making any statements to the police or anyone else about what occurred.See question
An ex girlfriend and I had argument and I left by time the police got there. Not even knowing the police were even called. But a neighbor called the police. But I was simply holding my ex girlfriends hand I did not imprisonment her...
Did you prevent her from leaving? Even a brief detention may be enough to commit the crime. “A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority.” Ga. Code Ann. § 16-5-41. A brief detention is sufficient and whether the detention amounted to false imprisonment is for the jury to decide. Luna-Fraide v. State, 320 Ga. App. 66, 68, 739 S.E.2d 75, 77 (2013) Even if you did not prevent her from leaving, it seem likely that she told the police you would not let her leave. It may come down to an issue of credibility between the two of you. In order to give you an opinion as to the likely outcome for your case a lawyer would need to perform a careful analysis of all the facts, the parties involved, the court system and the prosecutor.See question