What happens if my girlfriend hits me multiple times and I hit back in self defense? Does she go to jail or do we both go?
Richard's answer
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Answered on June 23, 2016
Usually, when there are dueling complaints of battery, law enforcement will arrest the person they believe is the primary aggressor and file an...
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What constitutes illegal search & seizure? Do you have to receive a warrant for a police officer to confiscate your cell phone?
Richard's answer
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Answered on June 23, 2016
I would suggest hiring an attorney, as law enforcement cannot seize your phone unless they have reasonable suspicion that it contains evidence of...
Archived
How do you get a DUI dismissed when the charges were issued passed the statute of limitations in our state. 4 years
Richard's answer
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Answered on June 23, 2016
You need to discuss this with your court appointed attorney or hire an attorney.
Archived
Why would a pre-trial hearing be scheduled after a jury trial?
Richard's answer
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Answered on June 23, 2016
Most likely, on the day of trial the case did not go to trial and was continued, thus requiring a new pretrial date.
Archived
I live in Florida, and had a case in 1996 the Judge adjudication of guilt was withheld by the judge. Is it expensive to expunge
Richard's answer
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Answered on June 22, 2016
If you pled to the offense and received a withhold of adjudication, you would only be eligible to have the case sealed. Practically speaking...
Archived
Can I return to the US?
Richard's answer
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Answered on June 22, 2016
I do not suspect you will have problems returning to the US, however, you should consult with an immigration attorney before doing so.
Archived
How much will the fine be and do I have to pay it ?
Richard's answer
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Answered on June 22, 2016
The maximum fine for a Second Degree Misdemeanor Petit Theft is $500.
Can I sue a clerk of the court for negligence, for incorrectly calculating the amount of jail time credit.
Richard's answer
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Answered on June 19, 2016
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...
Archived
What can I do about expungement or sealing records? - as a minor
Richard's answer
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Answered on June 18, 2016
There is a mistaken belief among the public, and most attorneys, that all juvenile criminal history is non-public. They are mistaken. While the...
Archived
My question involves summary judgement
Richard's answer
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Answered on June 08, 2016
There is no summary judgment in criminal cases. The closest mechanism is a Motion to Dismiss based upon undisputed factual grounds. These are...
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