Archived
What do you recommend that can be done here. Should he accept the Trespassing, or fight it because of the above elements.
Mark's answer
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Answered on April 20, 2016
It sounds like a good offer, but without reviewing all of the discovery and the defendant's prior record (if any), it is hard to say. If there is...
Archived
Is this legal and why would they proceed without him?
Mark's answer
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Answered on April 20, 2016
I would think that the arraignment was continued or he appeared via CCTV (or some other video source). It is possible for a defendant to waive a...
Archived
Can someone move to another state while on summary probation for a 1st time shoplifting offense?
Mark's answer
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Answered on April 20, 2016
I would review the minute order from the sentencing to see if there are any restrictions on travel. Generally, defendants sentenced to probation...
Archived
Can we go to the Judge and say, it is wrong to put him in County Jail. He was in a rehab and had a job, paid taxes.Release him!
Mark's answer
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Answered on April 20, 2016
I would look at the minute order, Change of Plea form, and/or the transcript from the sentencing. As far as I know, all felony sentencing in...
Archived
QUESTION: DOES THE ADMISSION OF HIS CRIMINAL ACT TO AUTHORITIES PRIOR TO BEING ARRESTED HAVE ANY LEGAL BENEFIT TO THE ADULT MALE
Mark's answer
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Answered on April 20, 2016
None. It is rarely a good idea for a potential defendant in a case to speak to police about the case without a lawyer present (and that lawyer...
Archived
Can a lawyer assist me pro bono in a criminal case challenging a illegal sentence? I'm aware there's a law saying no.
Mark's answer
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Answered on April 20, 2016
I would contact the local Public Defender's Office. An illegal sentence can be reviewed at any time but I would think that a person who has been...
Archived
How can I avoid a criminal trespass misdemeanor
Mark's answer
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Answered on April 20, 2016
I would suggest hiring an attorney in that jurisdiction and having them contact the prosecutor BEFORE any charges are filed to see if the...
Archived
Can the DA add a term to my Felony probation that I can not terminate probation early?
Mark's answer
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Answered on April 19, 2016
If the DA requested it and it was agreed to by all the parties, I think it would be binding. A motion to terminate early could be filed, but I...
Archived
Is there a possibility of getting it dismissed?
Mark's answer
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Answered on April 19, 2016
It is possible, but I would try to get a referral to traffic school in the event it is not dismissed (assuming traffic school is an option).
Archived
What will happen if police raid a drug house and you're living there?
Mark's answer
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Answered on April 19, 2016
I would guess that if the house is raided, the police would arrest everyone present and let the prosecution and courts sort out who was guilty and...
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