My boyfriend was arrested last night during a traffick stop. He was in the passenger seat at the time of the stop. Shortly after, the sheriff's decided to search the car without consent, and then came across some firearms that were put away in the...
The state has the burden to prove that your husband knew or should of known that the gun was in vehicle and he exercised control over same.The state will try and prove constructive possession by proving close proximity to the weapon.The burden of proof in a VOP has a lesser standard of proof ie "by preponderance of the evidence". He needs an attorney to defend against these allegation.There is always a "possibility" of beating charges however unless i saw the evidence i can not give an opinion on you possible success and even then it is difficult to say what will happen to these charges.See question
Also, it's tricky because I got my case transferred to drug court so I'm being monitored by drug court. All violations of probation get sent to my drug court judge, (instead of my original judge), and she doesn't really throw people in jail for it...
Typically in drug court the judge will sanction the offender,it could be jail or community service or whatever the judge feels appropriate,The more violations the harsher the sanction.Don't push your luck by missing more appointments.Drug court judges are aware that clients will relapse and are more lenient with positive UAs for marijuana than missing numerous appooitments. Consult with a local attorney to see what the judge might do and what you can do to obtain the best results.Don't make matters worth by not reporting !See question
My husband was falsely accused of messing with his ex wife niece they have no evidence
The evidence most likely is the statement of the alleged victim.If there is truly no evidence you need to hire an attorney to file a Writ of Habeus Corpus or post bond or if nonr have your attorney filr a motion for pre-trial realease.See question
On probation in Orange and Polk county, arrested in Volusia. Will person be transferred to other counties to face prior convictions?
Yes When Orange and Polk find out about the new arrest (assuming you pick up new charge in Volusia) and inform the court ,most likely the judge will issue a warrant and no bond.You will remain in Volusia until the Volusia case is resolved and only then will you be transferred to other counties,once transfered you will be entitled to a hearing where the state must prove by a preponderance that you violated your probation and then the court will resentence you on the original charge..See question
I was on a date night with my fiance we were looking at Christmas lights. a cop turns his lights on as im stopped in a parking spot admiring the lights. he asked for my id then orders me out of my truck and puts me in handcuffs telling me i have a...
The state which includes Law enforcement are protected with Sovereign Immunity which protects them from their negligence.However if you can prove that the police acted with malice with the intent to do you harm then and only then can you be successful.It is a difficult burden to meet..If the officer acted in "good faith" mistakenly believing that their was a warrant for your arrest then you will not succeed in your lawsuit.I would encourage you to consult with a civil lawyer about the specifics.See question
If I am a first time offender who was in diversion program for petty theft 2nd degree misdemeanor where no restitution has to be paid, was given 50 hours community service (and completed 54, actually) and went to every meeting and went and paid fo...
Since you have completed the conditions except for payment of money,Let the judge know you are indigent and ask that the monetary amount be converted into a civil judgement and if state agrees they will dismiss case. Or ask judge if you can do additional community service hours to pay off fine at $19 per hourSee question
I went to cash a check for some work i did and when i went to amscot they refused to cash it, confiscated the check, and told me it was stolen. The girl who wrote me the check took it from the company she works for. Apparently she had no authority...
You could be prosecuted if the state can prove you have or had knowledge that the check was fraudulently written.I would consult with a local attorney before you are questioned by law enforcement and have your lawyer with you at that time..I am assuming that you worked for the company if not then why would your friend pay you with a company check.This is why you need to discuss the facts with an Attorney.See question
I was found guilty of aggravated assault with a deadly weapon, no injuries. I hit someone's auto with mine, and no one was inside the auto.(a person that I had a long standing feud) I had a 4 month jail sentence and 3 years probation . I am at ...
Most judges will early term at halfway point.I would check with a local attorney as your jurisdiction may be different from mine.Often on violent crimes the prosecutor may ask the victim their position on your motion for early term.Sometimes your probation officer can put in a request for early term.It won't hurt to try !See question
A mother father situation where the father is the one on probation for the long time.
In the jurisdiction which I practice the courts will early term at the halfway point assuming all conditions have been meet.However sometimes with a long period of probation the court may consider early term especially since the "victim" is OK with it.Contact your local attorney and find out what is typically done in your jurisdiction.See question
I'm disabled person that needs care to be transferred to Palm Springs CA.
Typically on a misdemeanor the courts will allow "mail in " probation.Make sure you let your lawyer know that you will be living in Calif. so he can get the Judge to order mail in.You may have to find a lab in Calif to test your UAs and you will have to do a comparable school to satisfy Florida mandatory sentence on a DUI conviction.Hire a good DUI lawyer to look at pre trial issues and defending you against this charge.See question