Can a officer refile a charge as a new one or does it has to be the prosecution. The charge appears with 2 different case #.
James's answer
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Answered on October 28, 2015
If the case was dismissed then jeopardy had not attached (Double jeopardy means you cant be twice charged with the same crime however the case has...
Archived
Unlicensed operator and speeding ticket with foreign driver license
James's answer
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Answered on October 28, 2015
Looks like your adding that right. If you show the international DL, generally Ive see prosecutors dismiss that ticket. On the speeder if you go to...
Archived
Can I get a class c misdemeanor theft charge expunged with out hiring a attorney?
James's answer
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Answered on October 28, 2015
Check with the clerk of courts in your area. I have found that the local clerks office often prepare packets that not only explain the process but...
Felony Probation Violation-Can I get a continuance to retain an attorney.
James's answer
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Answered on October 28, 2015
You can absolutely ask for a date for an attorney. You have a right to a hearing on these violations and as such you have the right to be...
Archived
The MDOC currently has me listed with a felony conviction that is incorrect. How can this be changed, and is there liability?
James's answer
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Answered on October 28, 2015
Find a lawyer who specializes in expungement in Mississippi. In my experience one law enforcement agency is charged with keeping conviction data in...
Archived
If you get pulled over in Wisconsin, can you be detained and sent to TN for a misdemeanor warrant? Would TN send the police?
James's answer
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Answered on October 28, 2015
TN would be required to go get your friend from Wisconsin. This is a very unlikely scenario but legally yes they can extradite him.
How long does it take to get this visitation permit to leave state while on probation and having a felony?
James's answer
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Answered on October 28, 2015
Unless a condition of your probation is you cannot leave the state for a temporary visitation you shouldn't need any permission to do so. I would...
Archived
Do I need an attorney for a $40 misdemeanor of stealing?
James's answer
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Answered on October 28, 2015
A misdemeanor is a crime that you may be required to disclose on school or job applications, An attorney will work to protect your clean record....
Archived
I was in a 3-car crash on highway, and I was at-fault party and will go to court. Not sure if I need to hire an attorney for it.
James's answer
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Answered on October 28, 2015
You may not be required to hire a lawyer for the traffic ticket, however given there was an accident having an attorney protect not just your...
Archived
Whats the statue of limitation on possession of controll substance of cocaine and herion
James's answer
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Answered on October 28, 2015
That depends significantly on the amount of the substance after it is tested. Possession of cocaine or heroin can range from 1 to 3 years for a...
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