My neice was on probation for several DUIs and revoked license. She had served 30 days in the county jail. Last week, she drove a vehicle with a 9 yr. old passenger. She wrecked the vehicle (one car) resulting in the child's death. I'm hoping she ...
If a child is dead as the result of a DWI car accident, I would expect to see more charges than what you've mentioned here. I would expect the probation violation to allege your niece violated probation by getting new charges. There are no guidelines for that type of probation violation, but the judge would likely consider how bad the new charges are when deciding what to do with the violation.
I would also expect to see the new charges to include felony DWI, felony driving while revoked, and DWI manslaughter. The facts you describe would not be a mere child endangerment case.
Your niece needs a lawyer as soon as possible. She is facing years in prison in addition to the pain of knowing she killed a child when she was too drunk to drive.See question
I was convicted of forgery for signing my name to a traffic ticket but before they told me I could go in confessed and told them my name and signed another ticket. I was then taken to jail and they released me on a recognized bond.
The status of your case is unclear to me. Were you convicted of forgery, recently arrested for forgery, or both? If you have been convicted, you cannot possess a firearm without first getting your right to do so restored by your local circuit court.
If you have a charge pending, I recommend you wait. There's no point getting one if you may have to get rid of it in a hurry in the foreseeable future.
It is a felony for a convicted felon to be in possession of a firearm. If the prior felony conviction is nonviolent, possessing a firearm has a 3 year mandatory MINIMUM sentence.See question
Had a theft charge from wal mart in another state and a had a year probation and community service and I couldn't complete it because of health issues so I had to do a weekend I jail and an extra day and I couldn't complete the extra day because I...
You're facing the very real possibility of serving the missing day plus entire suspended sentence straight through. Call your lawyer.See question
My family member owns a business which I am employed at. A group of ladies ordered a product, 2 of them paid their portion, and the others gave their money to another lady to pay it all at pickup. She paid with a check and it bounced. My family...
You have rights here. It's just the bank is not going to enforce them for you.
Intentionally writing a bad check is a crime. If the check is over $200, it's a felony. If it's under $200, it's a misdemeanor. If a certified letter with specific language is sent and no payment is received within 5 days, there is a presumption of intent.
Another option is to treat this as a civil collections matter and try to collect from any one lady, portion of the group, or the entire group of ladies.
Regardless of which option you choose, you'll want to make sure you're doing it the right way. I suggest you speak with a local attorney who handles both civil collections and criminal matters to learn about the pros and cons of each option for your situation. Many attorneys offer free consultations.See question
They lowered my case to misdemeanor and I am placed on 6 months probation while I'm currently doing outpatient program one of the test became positive for alcohol and I took another one the next day became negative I only had one beer that made my...
ASAP made you sign a list of rules when you started the program. If the rules say you can't drink, they might violate you or they might make you do more treatment. Since they're primarily reason for existence is alcohol addiction, I assume they forbid everyone to drink, but I don't recall seeing the rule sheet specifically in a 251 case to swear to it.
It sounds like you had a felony drug charge reduced to a misdemeanor. That could be marijuana or it could be a schedule III or IV drug. The sentencing range for those 2 charges is different. Without knowing your current charge, I cannot tell you what you worst case legal scenario is other than to say it involves a conviction and jail time.
Talk to the lawyer who handled the felony to get more specific advice.See question
I was charged with 3 counts of distribution 2 counts of child indangerment and conspiracy they dropped the conspiracy one of the child indangerment and now I'm having to serve 20 months instead of 18
Your going to need to talk to your attorney to give you a real answer. It could be that you accepted a harsher sentence to avoid having extra convictions. It could be you are mistaken about what guidelines would have been if you were convicted of all counts. Or, it could be something else. We have no way of knowing here.See question
my money and phone were seized due to a distribution of cocaine charge. Does a non prosequi finalization allow my property to be returned
Yes, you should be allowed to get your property back unless forfeiting it was part of a deal to get the charge dropped. If the police property room is unwilling to return it to you, tell your attorney. The officer may have forgotten to authorize its release if it wasn't specifically discussed in court.See question
My friend violated probation ( fail to meet with P.O and failed drug test) If the capias was issued June 2016, she hasnt recieved a letter or paper saying sheviolated and what happens. Its going on Aug 2016 and the CCP clerk has no court date in ...
I'm not sure what you mean by "the 15 day law". A capias is a fancy legal word for bench warrant. It is an Order signed by a judge telling the police to arrest someone. The arrest is to happen when the person is found.
Did the PO say the violation would be filed in June? Does the PO have the current address to send your friend a courtesy copy which, by the way, is not required. Perhaps the letter was filed and the judge hasn't issued it yet for some reason. He doesn't have a 15 day deadline to do that. In fact, the PO has up to 1 year after probation ends to bring your friend back to court.
If there is no new case number assigned for a probation violation, try going to the court and asking the clerk to let you look at the underlying file. A probation violation letter may have been filed there instead of assigning a new case number.See question
I was convicted of DUI sometime around '08. I just started the enrollment process in ASAP. When answering the intake questions I, unintentionally, neglected to tell them about 2 DIP's and a possession of marijuana (the possession should have been ...
Judges do not normally get involved with this issue, even when ASAP is being unreasonable. Unfortunately, that means that if you don't go along with what ASAP says, they will not authorize DMV to give you back your license. The good news is because your just now registering for ASAP in what sounds like an 8 year-old DWI, ASAP probably can't ask a judge to put you in jail over this.See question
I had a grand larceny charge I had a lawyer who go it reduced! To petite larceny which is a misdemeanor the rules with that where 12 months probation. And 100 hours community service. I went that day to sign up for my community service which was o...
Talk to your lawyer and give that person documentation of all the reasons you couldn't do community service. Judges are used to be lied to and expect their order to be your biggest priority in life. Be ready to prove you honestly do need more time instead of just asking the judge to take your word for it.
The amount of time you are facing on the violation depends on the amount of time that was suspended when the charge got reduced to a misdemeanor. Without that information, no one but your lawyer from the underlying charge can answer that question.See question