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Eleanor Miller’s Answers

75 total

  • I am shoplifter.I am so sad.

    I am shoplifter.I have 2 little kids.I did mistake.I am so sad.I caught from Walmart in Norfolk.I have court date.I will be at the court nexth week.I am foreign.I have green card.My kids American.If somethings happen to me they will be poor here.I...

    Eleanor’s Answer

    You appear to realize that a criminal conviction may alter your ability to remain in this country. If you cannot afford a lawyer, you should ask the court to appoint one. Once you have a lawyer, do not enter any plea to any crime, unless and until that lawyer has consulted with an immigration lawyer to determine whether the crime you plead to will cause your deportation.

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  • My home was broke into by a 15 yr old. I was informed he is taking his cases to trial even thou he told them he did it.

    they also retrieved some of my property. I received a call Friday to let me know he was going to court again. I asked them to please let me know if there was any plans of letting him out during this process and they told me if I don't show up for...

    Eleanor’s Answer

    You should also check with the prosecution to see if your state has a law or constitutional provision regarding "victims' rights." If it does, then the prosecutor (and the defense) must abide by its terms. For e.g., in AZ there are very strong constitutional and statutory rights given to victims of crimes. You are entitled to notice every time there is a hearing and you may or may not attend. You may actually hire an attorney to represent your interests, so you don't have to run to court all the time.

    Please check with your prosecutor (or even a defense attorney) to see if you have any such rights in OH.

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  • Can i get my fees waived for probation if i am pregnant ? Also can i ask to be violated and just serve a certain amount of time

    I am pregnant on probation and have no income to pay my probation off. Also can i ask to be violated just to get it over with i am pregnant and dont want to end up violating when i have my child and be in that situation.

    Eleanor’s Answer

    Theoretically, no court can force you to pay money for probation fees and/or fines (restitution is a different subject) if you cannot afford to do so. I assume you have discussed this matter with your probation officer. If you have, and the PO has still required you to pay your fees, you need to go to a judge about it. You should have documentation, if you are able, to show the judge your income and debts and why you cannot pay the fees and/or fines. I agree with the gentleman who said you should have the assistance of an attorney to do this. Obviously, if you can't afford probation fees, you probably cannot hire an attorney. When you file your request with the court to eliminate the fees, I would add a request for a court appointed attorney. I don't practice in FL, so I don't know if one will be appointed. But if your PO files a petition to revoke, based on your failure to pay, you are certainly entitled to an attorney at that time.

    Good luck.

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  • What happen to the waitness if they keep changing their story?

    what happen to the waitness if they keep changing their story from the first on the told?

    Eleanor’s Answer

    However, if they are a witness for the state, they are rarely punished with a perjury charge.

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  • How can I get my record clean. I have assault disorderly conduct and intent on record

    I got into an altercation with an older woman July 4, 2005 in Yuma Arizona. She hit me first but in court I wasn't able to prove that due to lack of witnesses. The court didn't issue an attorney to me so I was on my own. During the altercation, ...

    Eleanor’s Answer

    What Mr. Lackey described to you is what we also call a "set aside." If granted, it "sets aside" the conviction and sentence. However, as a practical matter, that conviction will always be on your record for certain circumstances, including if you get into further criminal trouble. There is no such thing as a true "expungement" or "cleaning of a record" in Arizona.

    Additionally, you must be very careful when applying for a job. If the application asks if you have ever been convicted of a crime, you must answer honestly, because in this day and age, any employer can go to court records and find out a great deal about you.

    My advice would be to get a "set aside" as Mr. Lackey suggests, and once that order is entered, get a certified copy of it. When you file a job (or other) application, answer the question of whether you have a criminal conviction honestly, but attach a copy of the "set aside" judgment, to show that the court has removed the conviction and sentence from your record. That way, the employer will not be misled by court records that are not always complete or which are not always accurate.

    As always, I recommend that you obtain the assistance of an attorney knowledgeable about these matters to assist you through the process, if you can possibly afford to do so.

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  • Possession or use of marijuana

    do i need a lawyer for this

    Eleanor’s Answer

    As noted by attorneys Lackey and Snader, possession of any useable amount of marijuana may be treated as a felony in Arizona. It may also be designated a misdemeanor. Either is a crime, and you should always have an attorney when charged with a crime, whether you hire an attorney or ask the court to appoint an attorney to represent you.

    If this is your first drug offense, and the quantity was for personal use only, you are eligible for two possible outcomes. One is TASC (Treatment Alternatives to Street Crime), in which you are placed on a sort of probation, but must receive counseling, give regular urine samples for testing, etc. If you successfully complete the program, the charge is ultimately dismissed.

    The other possibility is what is referred to as "Prop 200" which, while it did not de-criminalize possession of small amounts, allows that a first time offender must be placed on probation (with the court's probation department, not TASC, which is a private, profit making entity) and cannot be given jail the first time around.

    Which of these alternatives is best for you depends on many circumstances, including whether you are in the U.S. legally, whether a conviction will affect your job situation, etc.

    Thus, you need an attorney to "usher" you through the possible outcomes. Get one promptly, or if you cannot afford one, the next time you appear in court, request the court appoint one for you. No one should try to "find their way" through the criminal justice system without a competent, knowledgable attorney.

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  • If im on write in probation can someone on regular probation move in?

    My friend who lives in nor-cal wants to move into my house but hes on probation. My mom is on write in probation. Can he move in?

    Eleanor’s Answer

    I don't practice in CA. But a standard condition of probation in most states is that the probationer not have contact with felons.

    Unless your mother can get permission from her own probation officer (and she stil has one, even tho she's on "write in"), that might be a different story. I'm sure a great deal would depend on what your boyfriend is on probation for.

    But I would not place my mother in a situation that could result in harm to her. Don't let him move in unless your mother has cleared it with her probation officer -- who may, in fact, have to clear it with a judge.

    Consult with a criminal defense attorney who is licensed to practice in CA.

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  • Regarding Grand Jury Immunity

    If i'm called to testify in a Grand Jury as a witness/victim and I'm asked questions to which the answers could be self-incriminating can I plead the 5th? I've read that sometimes a prosecutor can compel a witness to answer (revoking their 5th Ame...

    Eleanor’s Answer

    The first thing you should do is get legal representation, especially if you are concerned about a police report you filed. Counsel can find out if you are either a "target" or a "subject" of the grand jury investigation. If you are either, your attorney will advise you appropriately how to answer questions at the grand jury.

    You do not say whether this is a state or federal grand jury, although it sounds like it is a state gj. If so, hire an attorney who practices regularly in your state courts.

    If you are neither a subject or a target of the investigation, you may still invoke the 5th Amendment, if you feel the questions are becoming accusatory toward you. If you invoke the 5th, the prosecutor attending the grand jury or the grand jury (depending on the laws in your state) can apply to a judge to grant you immunity. Virtually all prosecutorial agencies now only seek and obtain "use" immunity, which has a special meaning to lawyers, and your lawyer can explain what this means to you.

    Whether you are or are not a target or subject of a grand jury investigation, but only a witness, you are still entitled to have an attorney advise you, not on how to answer questions, but what to expect and what to watch out for when you testify. Get a competent attorney now.

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  • Evidence CIRCUMSTANTIAL to whom ? the guilty ? or the Innocent ??

    Is it legal to charge a defendant and convict him of computer fraud on a grand larceny level when his computer transactions are just as CONSISTENT down to the exact details, with the INNOCENT, or never having been charged , as they are with the s...

    Eleanor’s Answer

    The question is not whether it is/is not legal, but whether it happened, Sounds like it did and you were convicted. All you can do now is appeal.

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  • What's going to happen?

    I was caught switching tags on a dress. I was arrested and have a court date set. They said that they had had their eye on me for a while & I had done this with other things, which is not the case. I hired a lawyer. My question is, will the trial...

    Eleanor’s Answer

    If you have hired an attorney, you should be addressing these questions to him/her.

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