Archived
Am I considered to be charged with an offense if released and not prosecuted?
Brian's answer
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Answered on June 24, 2014
You have stumbled upon one of the limitations of English. The police arrest a person and charge him or her at the time of arrest. The actual charge...
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Is it illegal to say it would be the last time you saw that person ?
Brian's answer
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Answered on June 23, 2014
A threat to commit harm is, in theory, unlawful. It can be considered a harassing communication, although I'm not sure this really fits.
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I was arrested and charged with DV3, harassment.
Brian's answer
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Answered on June 23, 2014
From what I can glean from your question, your wife is unwilling to testify, so the prosecutor has planned to call the police officer to testify. I...
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If a gun was stolen but then returned, what charges can someone face?
Brian's answer
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Answered on June 18, 2014
Theft - 2nd, a Class C felony punishable by up to 10 years in prison and fines. If the gun is worth more than $1500, it could be more.
Archived
My husband had not been on probation at all but was put in Jail on a vop? How is that possible?
Brian's answer
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Answered on June 18, 2014
Perhaps the judge said or meant to say a violation of terms of bond or violation of PFA order. Sometimes we mean to say one thing, but something...
My husband owes payments to Aarons. Can he be arrested for returning? Police went to his bosses house to collect for Aarons.
Brian's answer
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Answered on June 10, 2014
If the police are involved, it is likely that they suspect theft. This seems like a situation which is probably very fact specific.
You should...
Archived
What is the jail time for burglary in the 2nd and 3rd and breaking into a vehicle? Priors for marijuana poss.
Brian's answer
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Answered on June 10, 2014
It depends on other factors. Burglary falls outside the new presumptive sentencing guidelines. The larger question is if the prior is a felony,...
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What can be done to get my son out of DYS sooner? it is first time there. he is a special needs teen.
Brian's answer
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Answered on June 09, 2014
Your son will probably be held until the court has a placement hearing. His attorney will be able to file a request for such a hearing. The outcome...
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Archived
First or 2nd degree robbery?
Brian's answer
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Answered on June 09, 2014
It is absolutely essential that your husband hire an attorney immediately. These cases are BOTH federal and state, and under dual sovereignty, he...
Archived
If an attorney knows of problems with jurors after the verdict & before the sentencing does he need to ask for a mistrial then?
Brian's answer
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Answered on June 04, 2014
It is generally a strategic decision. You should speak to the attorney who handled the trial. There are valid arguments to be made on both sides.
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