I have DACA and they approved my advance parole to visit my sick grandmother. In 2011 I was arrested for petty theft but got the charges dismissed because of pre trail diversion program (Nolle pros). So I don't have a conviction. Will I have troub...
I do not suspect you will have problems returning to the US, however, you should consult with an immigration attorney before doing so.See question
Im 17 and I stole something under $20 from kmart, they stopped me outside with the empty package and told me to their little office in the back with my mom. The police were invoked and told me that i was banned for a year and that I was going to b...
The maximum fine for a Second Degree Misdemeanor Petit Theft is $500.See question
I was sentenced to Florida D.O.C for a term of 24 months with credit for all time served. There was a error in the amount of jail time credit that I received on a case and it was clear to see. Upon my release, I went to the booking department in ...
You would not have a cause of action. The Clerk is entitled to immunity in the undertaking of their ministerial actions. Moreover, it would be as much you and your attorney's fault as the Clerk's, as no person would better know how long you were in jail than yourself.See question
I am currently 17 years old. When I was 14, I was arrested(and fingerprinted) for unarmed burglary of an unoccupied stature. The charge was later dropped to a misdemeanor-trespassing because of a lack of evidence to justify burglary, then the tres...
There is a mistaken belief among the public, and most attorneys, that all juvenile criminal history is non-public. They are mistaken. While the judicial court records of a criminal case, i.e. what is actually in the court file, is non-public, the non-judicial records, i.e. the police department records, are public records. Moreover, the historical record of all juvenile arrests show up on background check, unless the juvenile reaches their 24th birthday, at which time they are automatically expunged, or the juvenile petitions for a court-ordered sealing/expungement prior to their 24th birthday.
More problematic to you, is that even if you petitioned to seal your records, Florida law requires any person looking to be licensed with the Department of Health to reveal the historical fact of any arrest, juvenile or adult, regardless of whether they have ever had their record sealed or expunged. So a sealing or expungement would not assist you for this particular situation. With that said though, this exception to the general rule that you can lawfully deny the history of an arrest does not apply when you seek private employment. Meaning that once licensed, you would not have to reveal the history to a potential employer if it was lawfully sealed or expunged.See question
Does the concept and the term itself apply to criminal cases as well as civil cases. If so, obviously the prosecution can never ask for summary judgement just the defense right?
There is no summary judgment in criminal cases. The closest mechanism is a Motion to Dismiss based upon undisputed factual grounds. These are rarely granted. The next closest mechanism is what is called a judgment of acquittal, which is made during the trial. It can be made by either the prosecutor or the defense, although it is almost always made by the defense.See question
I was working for an employer for 6 months. During that time, my wife did some background checking and found that my employer was not following proper protocol regarding employment. She told me and then she went to my employers web site and wrot...
An injunction is not a misdemeanor, it is a civil order of protection that does show up on a criminal background check. Further, your wife can move to dissolve the injunction, which will cause it to no longer show up on a criminal background check. I would suggest hiring a lawyer to handle the process for you.See question
5 years ago I was arrested for petty theft. The case was dismissed with Nolle Pros. I married a US citizen and I am ajusting status. I was granted advanced parole under DACA to see my ill grandmother. Will I have problems re-entering the US?
As I understand advance parole, it is supposed to provide you assurance you will not have any problem reentering the United States.See question
Question states it all.
Yes, it is legal. However, if the person turns 24 before the minor turns 18, it is illegal.See question