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I was recently charged with a misdemeanor terroristic threatening and disorderly conduct. I am terribly concerned about my right to own a firearm. I have not been convicted. Should I hire an attorney? My dream in life is to be a gunsmith and own m...
Terroristic threatening can be a misdemeanor or felony. I think you specified both were misdemeanor.
You probably know any felony would remove your gun rights. Even misdemeanors can harm your gun rights if they are determined to be domestic in nature, as defined by the feds. You want to contact an attorney and discuss the specifics of the situation. Some attorneys think amending, for example, domestic battery to disorderly conduct won't harm your gun rights. Unfortunately, it can. If you have defenses you want to push for an acquittal.
You will start out in District Court, but you are entitled to go to the Circuit Court and have a jury if it is required. Whether or not this is a good idea totally depends on the situation. Get a few free consultations.See question
I am an 18 year old male. I recently caught a terroristic threatening charge in the first degree. I woke up one morning to get ready for work and I woke up my cousins girlfriend that was staying a few days with us. She got mad and woke up screami...
I would strongly recommend you request this post be taken down by AVVO. There are too many specifics. Call a few lawyers for a free consultation. There's a ton of issues here that any halfway competent attorney can advise you on.See question
My husband is in jail in Arkansas and was just sentenced to 3 years in Arkansas Dept of corrections but he also has pending charges out of the state of Mississippi and last time he went to court in Ms for his first plea deal offer he turned down a...
This isn't really a power of attorney situation. That would be useful if you were endorsing a check he wrote, for example. While a custodian/guardianship would aid you in authority in decision making, it is not entirely applicable in the criminal context. That is because the court must determine competency to adjudicate a person. It is standard for attorneys in Arkansas to request a mental evaluation when they are not sure if someone is legally considered competent. Here we call it an Act 3 mental evaluation. I do not know what it is called in MS. These mental evaluations can cause delays so incarcerated people will sometimes argue against them being filed. It becomes an ethical obligation for the attorney to request a mental evaluation if they have reason to.
I would attempt to get in contact with his public defender/lawyer via a short letter requesting a call. Feel free to follow up. You can express your concerns to them. I'm afraid a power of attorney just won't cut it.See question
In October of 2015 I was arrested for DUI and a couple other violations after an accident. At the time I was under the care of a VA mental health physician and was on a medication and did not know I was driving. The officers assumed I was under th...
Since you have an attorney, I can't really give you advice. I can say you are thinking about it the right way. If you continued the case it would toll speedy trial. Your lawyer would want to pull the transcripts and see who was charged with each continuance. If the State has taken all the passes, and it adds up to over a year then a Motion to Dismiss for Speedy Trial would likely be proper. Please note that you can get a DUI even if on prescribed medications; the prescription isn't a defense - the standard is still intoxication as defined by Arkansas law.See question
I have been revoked on my probation twice. The charges were felony possession of controlled substance w/intent to deliver. The substance was marijuana. The judge has never served me any prison or jail time. I'm off in October and the past year and...
In standard circuit court, if there is a true revocation then you can generally no longer seal the conviction under Act 531. Still, once you complete probation you'll want an attorney to review your Act 570 Sentencing Order and your casefile. Since it is in Pulaski County, this can usually be done online. It's possible you weren't technically adjudicated revoked or there is another issue with the file so it is worth getting someone to review what happened.
You might qualify for early termination of probation, which is a proceeding done in court not through the PO. The revocations might make cause the State to object. Again, might be worth discussing with someone.See question
He Got Charged Of Aggravated Robbery Nobody Was Hurt No Weapon Was Involved 3 people involved with this situation
Aggravated Robbery is a Class Y Felony, which is 10-40 years. It is a serious charge - not probation eligible on its own.
There doesn't actually have to be a weapon. If someone "simulates" a weapon that is sufficient. Sometimes the alleged victim will testify that something looked like a gun or something similar. That is the most common situation.
I always tell folks to get opinions from 3 different criminal defense lawyers. Most should offer free consultations. I would start by running his name through court computers and checking for warrants. This is pretty standard.
Some public defenders do great work, and some private attorneys do poor work. Just get the opinions and make an informed decision.See question
I am being charged with a class D felony. I have no criminal record. I am in college, I have a good job, and I have a young child. I would like to get no jail time so that I can continue going to college and work. I have court on monday in benton ...
I don't know the facts so I can't say too much. You might get probation without paying a lawyer. If you qualify for a public defender you may get one appointed. They tend to have many cases, but there are many fine public defenders in this State. Like private attorneys, their quality varies.
It is frequent that I get hired once someone has already pled to probation. Once you are on papers, you are in the system. To receive the maximum sentence on a probation revocation, your guilt of any probation violation need only be shown by a preponderance of evidence - much less than beyond a reasonable doubt. Once you are in the system, the police will see your convictions and possibly treat you differently. I cannot tell you how many cases I review and wish they had contacted me initially and not once it got to a later stage.
It sounds like you haven't been to court on this stuff yet. I would plead not guilty and listen to the public defender. If I could afford a lawyer I would call around. A class D felony is the lowest felony and rates are probably more reasonable than you think. At least some of them are....
Good luck and do what you can to fight the charge....See question
In 2015 I was in a terrible car accident and was medflighted from the scene and the officer "on duty" claims to have "found" a wallet separate from my wallet and it contained .066g of a controlled drug in it. They provided pictures of such said wa...
Yes, you could have a stale warrant/ speedy trial issue in addition to various other defenses. Many hospitals will do basic medical/drug tests when there is an accident involving an injury. They are required to in some circumstances. This may or may not be admissible in court. It may even be inadmissable by the state, but admissible by the defense. Chain of custody must be established for items, such as wallets, which are seized. It has been a pretty good chunk of time, so anything could of happened. I recommend you put together all the paperwork you know about related to this and contact a local defense attorney. The prosecutor won't just get rid of the charges without being made to.See question
my friend recieved 9 year sentance plus a 5 year license how does this work out?
If it was concurrent, then he has a 9 year sentence. If it was consecutive he has a 14 year sentence. Parole eligibility is determined based on the level of the offense. So robbery you can get four days credit for one day served if you get full good time. With aggravated robbery, you have to serve 70% of the total sentence. Good time isn't guaranteed. Sentencing is actually pretty complicated. Small changes in the sentencing order can amount to years of differences. There is an Arkansas Handbook on Sentencing that I sourced the above numbers from.See question
My 16 yo son was cited for careless and prohibited driving following an accident. He was in the right hand lane, of a 4 lane, preparing to turn right at upcoming intersection. He said out of nowhere his vehicle jerked left and he had no control, t...
A lot of the time an attorney can negotiate a civil penalty or probation as far as your son's record is concerned. Please note that "Accident" will show up on someone's driver history, even if it was the other person's fault. You might can keep the actual moving violation off the record though. Usually when I handle a case like this, I request proof of insurance and anything related to the claim from my client. The courts are a lot more likely to protect someone's record when they see any insurance/accident claims were unimpeded. Good luck.See question