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Eleanor Miller’s Answers

75 total

  • Do I need to get a lawyer?

    In 2000 at the age of 20 I developed a short relationship with a young woman who told me she was 17. In fact this lady was only 15. We had only had sexual relations once, but sex offense charges were brought on me. Being young and stupid, I felt t...

    Eleanor’s Answer

    If you want to get off of sex offender registration you do.

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  • I was denied a court appointed attorney is that legal? Also someone committed tickety fraud with my d.l. in Ga and I'm not guilt

    My name's Suzanne Birnstiel I live in Elberta, Al and I've never drove in Ga ever. My problem is I got pulled over in my hometown and the officer after running my license informed me that I had a warrant in Carnesville, Ga and also my driver's lic...

    Eleanor’s Answer

    Did you ever report your license as stolen? If you did, this would certainly be helpful.

    Yes, there are ways to counteract identity theft, but it will be very difficult to do without a lawyer.

    The judge cannot incarcerate you without giving you a lawyer. You may only be denied a lawyer on minor criminal matters where the prosecution isn't going to ask for jail time.

    You really are in need of a lawyer to take care of all these problems, including a judge who appears, from your statements, not to know the law. Please try to hire a competent criminal defense attorney in your county, who should be able to help you greatly.

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  • I have a disordery conduct non violent but is a felony6 and my sentence was 2 yrs probation and 6 mos of anger mangement. i was

    I was arrested in nov. 2006. the charge was reduced to disorderly conduct a felony 6. i have never been arrested before for anything in my life. Now i am having trouble getting a job because this is on my record. i need help asap in getting a job...

    Eleanor’s Answer

    A disorderly conduct is usually a misdemeanor in AZ. You should check and make sure it wasn't designated a misdemeanor.

    However, I agree with Mr. Snader. If in fact it was a felony conviction, there is something we refer to as a "set aside" which is as close to an expungement that you can get in AZ. It doesn't "expunge" the conviction from public records, but a judge does enter an order vacating the conviction and sentence, and dismissing the charge.

    As Mr. Snader suggested, you probably need an attorney to assist you with this. There are a number of types of cases that can't even be set aside, and an attorney can tell you if yours is one of them.

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  • Does the state have to have to prove that a gun that the find has to have shot the person that accused you of shooting them

    a person said i shot them in the leg but the bullet could not be took out

    Eleanor’s Answer

    This is an odd question, and really needs more information to be answered thoroughly. If I read it correctly, however, you are saying that the bullet that entered the victim cannot be removed, so that ballistics cannot determine whether the bullet came from a specific gun. Do the police have a gun of any kind that they believe is the weapon that shot the gun? If so, there may be other ways for them to "prove" that the bullet came from it. For example, a .22 makes a much different type of wound than a .45 or 9mm. If the wound in the victim could only have been made by large ammo, and the gun the police have shoots small ammo, then they are going to have trouble making a case. Did they take a gun from you? Or did they just find a gun at or near the scene of the shooting. If the latter, did they try to obtain fingerprints from the gun? Do they match yours?

    As you can see, a lot more information is needed to answer this question with any accuracy. Contact a good, competent criminal defense attorney and consult with him/her about ALL the facts.

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  • Intoxicated 21 year old arrested for criminal mischief. No priors, being held on $20,000 bail can't get ANY answers.

    My brother was arrested after scratching his name on a glass at a bar. He was heavily intoxicated. He was tackled by 5 bouncers his eye & head were split open. He's 5'7 140lbs. He has no record, warrants not even a parking ticket. He is being held...

    Eleanor’s Answer

    I do not practice in Fullerton, or CA for that matter, but I do know that the failure to provide necessary medical care to an inmate is a civil rights violation. Because of that, most jails (and prisons) have a "medical provider" of some sort. In our county there is a way to contact the medical liason, inform them of the situation, and hope that your brother will receive the medical attn. necessary. A criminal defense attorney who practices regularly in your county would/should know this information, so it would be in your brother's best interests if you could hire one immediately, if for no other reason than to contact the medical personnel responsible for aid to inmates. Furthermore, sometimes a call by an attorney to the commander of a particular jail will "get the ball rolling" with respect to getting your brother medical attention.

    Finally, however, I agree with the other attorneys who suggest that, if this is truly an emergency, bail him out and get him to an ER asap.

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  • Can a first time offender receive jail time for trespassing?

    Accused was given 30 days, 20 suspended, plus fine and probation. Seemed harsh for a first timer.

    Eleanor’s Answer

    Some judges are harsher than others.

    If the statutes under which the accused was convicted and sentenced allowed for a sentence of this sort, then the answer is "yes," the accused can be sentenced this way. The question you seem to be asking is, "isn't this a little unfair for a first timer?" The answer to that is, perhaps, but as long as he was sentenced within the range allowed by law, there is little that can be done about it.

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  • I was recently arrested, prior to my arrest, I picked up funds to complete a task for a contractor I work for.

    The funds are now being seized & the contractor is holding me responsible for the funds,which were not formally seized,it was just not released back to me.I would like to return the funds to the contractor rather than being sued!

    Eleanor’s Answer

    I agree with the previous answer. Your employer should obtain an attorney as soon as possible. In most states (and federally) the seizing agency must do certain things within a certain period of time, if they are going to attempt to forfeit the money. Since the money belongs to your employer, he is the one who should be fighting to get it back. However, there may be a basis for your employer to sue you for the expenditures he must make to get his money back. I don't do civil law, so I don't know.

    The forfeiture and the criminal case are two separate proceedings. It is my opinion you should focus on the criminal case and obtain an attorney as soon as possible. Since you admit the money wasn't yours, your priority should be defending yourself against potential criminal charges.

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  • Can tn law enforcment cross over state lines to arrest some one for a violation of probation on a misdemeanor charge??

    can you get arrested?/

    Eleanor’s Answer

    A law enforcement officer with a warrant may arrest the subject of the warrant wherever the subject is found. State boundaries no longer make a difference, as they once did. It is unusual for law enforcement to do this on a misdemeanor, but not unheard of.

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  • Can I find someone who translate a 911 call police sprint report?

    this document was given to me by nypd, but I do not undertand its meaning.

    Eleanor’s Answer

    If you want to know what precisely is on the 911 call, you should obtain the 911 call itself. As the previous attorney indicated, unless it is evidence being preserved for a prosecution, it will be destroyed by the police in a relatively short period of time, so act promptly if you want a copy of the call itself.

    If it is evidence that will be used in a crime, the attorney representing the defendant should be able to obtain that 911 call as part of the discovery procedure.

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  • Do i have to go to court if im the victim?

    A guy posted nude pictures of me without me knowing and he is being charged and im the victim

    Eleanor’s Answer

    Most states now have what are called "Victim's Rights Acts." Some victim's rights have even been added to state constitutions (as they are in AZ where I practice).

    You should check with the office of the prosecuting agency to determine whether it has a "Victim's Rights Advocacy" office. If so, they can provide you with information about what your rights are. If not, the prosecutor himself should be able to provide you with appropriate information.

    Understanding that this is an embarrassing situation for you, you must only attend court when you are actually subpoenaed with a court order (which is what a subpoena is). However, in order to see to it that other women do not get victimized by this guy, you should consider cooperating with the prosecution. In all likelihood there will be a plea offered to him and you won't have to appear as a witness at a trial.

    If the prosecutor's office won't provide you with information, seek the assistance of a good, competent criminal defense attorney, who can tell you what the law says about victim's rights.

    Good luck.

    Eleanor L. Miller

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