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Rob Van Henson
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Rob Henson’s Answers

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  • Can I press charges against someone for hacking into my phone?

    My boyfriend downloaded a spy application on my phone. It records keystrokes such as passwords to online banking, social media, email etc. It also shows him my contact list, call log, every text sent and received. It gives access to my pictures. ...

    Rob’s Answer

    I think it is interesting that your post states "My boyfriend" and not my ex-boyfriend. Regardless, you can certainly file a police report, but whether charges will be filed is another story. It will probably be difficult to establish who put the application on your phone, or that a crime was actually committed, except for perhaps stalking, and I will address that further in my response.

    You should monitor your bank and credit accounts for unauthorized use. If your "boyfriend" uses the information he supposedly gleaned from your phone to use your credit cards or to take money from your bank account without your permission, that changes things. That would be a felony if he used your cards or stole money from your account.

    You might also consider filing a protective order against him if your relationship is ending/over and describe in the petition exactly what you described in your post here. If there has been any physical violence against you, detail that in the petition as well. I also mentioned stalking earlier in my response, if you are aware of instances where he has followed you or appeared at your place of employment, you should consider filing a police report about that behavior as well.

    The bottom line is it may be difficult to get criminal charges filed against him, but if he has committed other acts of stalking against you, you may be entitled to a protective order. You can get a blank petition for a protective order at your county courthouse.

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  • My husband 53 yrs old Has severe copd. Can he sue tobacco company, and if so, who in Oklahoma should he call?

    There were no warning labels on the boxes back when he started, and it was thought to be safe and ok..then bam, he's addicted. Now, 40 years later, he's paying for it.

    Rob’s Answer

    Filing a lawsuit against a tobacco company is a difficult and expensive proposition for a lawyer/law firm to undertake, and the prospects for success are highly uncertain. You may have a difficult time finding a law firm in Oklahoma willing to take your husband's case. As mentioned by the previous posters, search for personal injury law firms that have experience with tobacco/cigarette lawsuits.

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  • Is there anyway for me to access records concerning my friends attempt at suicide from the police station?

    Long story short, she is 17, and dating my ex, who is almost 10 years older than her. They don't have consent, and I'm the only one who knows. I had threatened to go to the police because of the abuse and rape he put me through while in a relation...

    Rob’s Answer

    You wrote "they don't have consent" in your question, but in Oklahoma, the age of consent for sexual intercourse is sixteen, unless the older person in the relationship is an employee at the same school the younger person attends. I am assuming you mean "consent" from her parents since she is seventeen and he is twenty-seven. Unless there is an element of force in sexual intercourse, which would be forcible rape, then a crime has not been committed by him since she is over sixteen.

    As for her supposed suicide attempt, if that actually occurred, those medical records would be protected under HIPAA and you would not be able to get access to those records. At age seventeen, she is able to consent to sexual intercourse, but is also a juvenile. If she was the subject of any police report, you would not be able to get access to that report because of her status as a juvenile.

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  • Warrant case VOP

    A friend of mine was just issued a warrant for his arrest( looked up case search) and it says he FtoA for court he honestly forgot and failure to pay fines, he thought it was next Friday the 7th. He just received 3 yrs supervises probation with 1...

    Rob’s Answer

    • Selected as best answer

    As the other posters have mentioned, your friend needs to contact his attorney immediately, as his freedom and driving privileges are at stake. I would imagine his fines are substantial, and if he has to make a choice between paying off the fines or hiring a criminal defense attorney, he needs to hire an attorney. An attorney can often negotiate for additional time to pay the fines. A Maryland criminal defense attorney will know the best course of action to take, including filing a motion to have the failure to appear warrant recalled.

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  • Preliminary Hearing!?

    I would like to kno if a witness decides to show up at the Preliminary hearing for an aggravated burglary is it still an possibility that they'll give a person an offer right off top. Or will I have to wait 30 days until it goes up stairs to crimi...

    Rob’s Answer

    I am not sure you have provided enough information for the question to be answered. Aggravated burglary can carry up to fifteen years in prison under Tennessee criminal law, so I recommend you speak to a Memphis criminal defense attorney immediately.

    Generally speaking, many prosecutors will pull their plea bargain offers off the table if a defendant requests a preliminary hearing. When a preliminary hearing is requested, the prosecutor has to meet with witnesses, prepare and send subpoenas to witnesses for them to appear in court, and work up a file in a more diligent manner. In other words, it's more work for the prosecutor. There are times when a person should absolutely demand a preliminary hearing, but there are other times where it is beneficial to waive preliminary hearing. Every circumstance is different and every case is unique. Again, consult an experienced Memphis criminal defense lawyer about your case.

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  • First offense. I was pulled over with learner's permit for speeding and had no passenger. what is my punishment? terrified

    court summons for no license and speeding. First time. pulled by millbury state police in Worcester, MA

    Rob’s Answer

    The first thing you and your parents need to do hire is hire an experienced Massachusetts criminal defense lawyer to defend you. The second thing you need to do is not speed (at all), but especially when you only have a learner's permit, and to not drive without a licensed driver in the vehcile. You could lose your privilege to drive before you actually have it. An experienced criminal lawyer can possibly help keep you from losing your driving privileges and help you avoid a criminal conviction.

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  • Ive tried reaching several attorneys in the area..i need advice asap. Adult shoplifting case

    OWas caught..first time offending at walmart, embarassing and disgraceful...worked with lp and gave all $58 merchandise back and signed paperwork not to trespass again though lp did say that they give secons chances after 1 year. Cops were cal...

    Rob’s Answer

    Do not pay the civil demand. I have represented dozens of clients in shoplifting cases who received the same civil demand letters from the same law office. My clients have NEVER paid the civil demand and that office has never filed a suit in small claims court in my jurisdiction.

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  • Class C Misdemeanor in Tennessee

    I was told that not wearing a seatbelt is a class c misdemeanor in Tennessee. Although not being an arrestable crime, will this show up on some record as a crime or maybe on a credit report?

    Rob’s Answer

    The best thing you can do is consult with a criminal defense attorney in the county where you were stopped. Different states have have different reporting schemes and requirements. For example, in Oklahoma, a seat belt violation is considered a traffic offense and not a misdemeanor, so it would not appear in an Oklahoma criminal history summary. However, that same seat belt violation in Tennesse might show up in your criminal history. Again, consult with a Kentucky criminal defense lawyer before your court date.

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  • For simple assault ,can the EX- wife drop the charges against here ex- husband for the sake of here kids

    If hit here or punch here miner

    Rob’s Answer

    As the previous posters stated, the best thing for the accused is for him (or friends and family) to hire an experienced criminal defense attorney. Even if an alleged victim does not want to press charges, the prosecutor can continue forward with the case; there could be independent witnesses to the allegations, video evidence, or the accused may have made incriminating statements. I have personally been involved in cases where the State continued to prosecute even after the alleged victims have signed affidavits stating they do not want the cases to continue.

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  • Will I go to jail for a 2nd offense shoplifting charge?

    I have a prior shoplifting charge from 2 years ago and I got another 9-18-14. I paid a $250 fine the first time and this time when I went to court they told me I was facing a 0-180 day jail sentence. I'm having a baby in 3 weeks and I have two oth...

    Rob’s Answer

    The first thing you need to do is consult with a criminal defense attorney in Springfield, MO. Many attorneys will offer you a free initial consultation to discuss your case. Since you are facing a second offense that carries up to 180 days in jail, you need an attorney by your side to fight and keep you out of jail.

    Just asking for the case to be dismissed will not work, especially on a second offense. Again, you need an attorney to look at the facts of your case to see if it is possible to get the charge dismissed. If a dismissal is not possible, then an attorney may be able to negotiate a plea bargain agreement that includes probation, but keeps you out of jail. I absolutely advise you to hire an experienced criminal defense lawyer.

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