http://www.expertlaw.com/forums/ The process underlying warrants, arrest, charging, pretrial release, plea bargains, trial and sentencing of criminal defendants. en Tue, 21 May 2013 07:20:44 GMT vBulletin 60 http://www.expertlaw.com/forums/images/misc/rss.png http://www.expertlaw.com/forums/ http://www.expertlaw.com/forums/showthread.php?t=158701&goto=newpost Mon, 20 May 2013 20:49:48 GMT My question involves criminal law for the state of: South Dakota Good Day! A minor was charged with “Possession of stolen property - 1st degree”. ... My question involves criminal law for the state of: South Dakota
Good Day!
A minor was charged with “Possession of stolen property - 1st degree”. Shortly after, the adult who actually committed the crime came forward and took sole responsibility. The State’s Attorney elected NOT to charge the adult, and left it on the minor. As part of a plea bargain, the charge was ultimately dropped. Now, eight months later the SA has decided to go ahead and charge the adult with the exact same crime?!!

Very simply, how is it the state can legally do that?!??! Obviously they’d planned on using it as a ‘bargaining chip’ in the minor’s case, knowing all along that they were most likely not going to pursue it due to a total lack of evidence, (not to mention the fact that they already KNEW the individual wasn’t guilty!!!), and would eventually turn around and charge the person who had confessed in the first place!!?! Someone please tell me that our legal system is not that screwed up…?!? I'm not saying the adult shouldn't face the consequences, but how is it that the state has the 'latitude' to. . .well, basically use the same charge twice??!

I would sincerely appreciate any assistance with understanding the 'legalities' of this matter! Thank you in advance!!! ]]> Criminal Procedure DLHLEGAL1 http://www.expertlaw.com/forums/showthread.php?t=158701 http://www.expertlaw.com/forums/showthread.php?t=158467&goto=newpost Wed, 15 May 2013 17:03:10 GMT My question involves criminal law for the state of: Michigan i have drugs. if i store them in a small safe, will it give me any protection from a... My question involves criminal law for the state of: Michigan
i have drugs.
if i store them in a small safe, will it give me any protection from a warrant to search my home in the future?
how specific does the warrant have to be? ]]> Criminal Procedure yoeyoe http://www.expertlaw.com/forums/showthread.php?t=158467 http://www.expertlaw.com/forums/showthread.php?t=158381&goto=newpost Mon, 13 May 2013 20:33:30 GMT My question involves police conduct in the State of: Texas. A search warrant was obtained under the premise that a sniffer dog had alerted to... My question involves police conduct in the State of: Texas.

A search warrant was obtained under the premise that a sniffer dog had alerted to drugs in a house while it was on the street in front of the house a distance of approximately 50 ft. away. Approximately 1 gram was found inside a metal container inside a drawer in the bedroom. ]]> Criminal Procedure padkins http://www.expertlaw.com/forums/showthread.php?t=158381 http://www.expertlaw.com/forums/showthread.php?t=158371&goto=newpost Mon, 13 May 2013 17:13:36 GMT My question involves criminal law for the state of: Louisiana I just received a subpoena ~15 minutes ago for felony charges I was arrested on... My question involves criminal law for the state of:
Louisiana

I just received a subpoena ~15 minutes ago for felony charges I was arrested on almost a year ago to the day. Apparently, I have a court date ~20 hours from the time the process was served (an issue in itself), but the main question I have is one regarding what kind of time-frame the DA has to arraign me on these charges.

The arrest was on May 13, 2012, and I was booked in on these charges and bonded out shortly after. This subpoena is the first I am hearing of this case proceeding - I was under the assumption that charges weren't accepted by the DA, as there was a huge issue with an illegal search (including an IA investigation, etc.) as well as the fact that I had a prescription for the medication I was arrested for possessing.



LA CCRP Article 701 states, in part:
"(2) When the defendant is not continued in custody subsequent to arrest, an indictment or information shall be filed within ninety days of the arrest if the defendant is booked with a misdemeanor and one hundred fifty days of the arrest if the defendant is booked with a felony."


Could someone versed in law please give me input as to whether they believe Article 701 would come into play here?

Additionally, would there be an easy method of getting this arraignment postponed on the basis that I was served less than 24 hours before the court date? I've called the Clerk, but they were utterly unhelpful.

Thanks ]]> Criminal Procedure Entrepreneurial http://www.expertlaw.com/forums/showthread.php?t=158371 http://www.expertlaw.com/forums/showthread.php?t=158304&goto=newpost Sat, 11 May 2013 21:29:25 GMT My question involves criminal law for the state of: Kansas. My son was arrested and charge with battery and sexual battery (didn't happen). He was trying to get a guy out of his truck who was threatening him with a knife. Anyway, he was bonded out on April 15th. Had a hearing on May 7th, was continued to June 4th. No charges have been filed yet. We have retained an attorney. How many times can they continue this before filing or dismissing the charges? ]]> Criminal Procedure desuhu http://www.expertlaw.com/forums/showthread.php?t=158304 http://www.expertlaw.com/forums/showthread.php?t=158303&goto=newpost Sat, 11 May 2013 21:17:53 GMT My question involves criminal law for the state of: Michigan Almost a year ago I accepted a plea agreement to the felony of assault with a... My question involves criminal law for the state of: Michigan

Almost a year ago I accepted a plea agreement to the felony of assault with a dangerous weapon. However while I was working with my lawyer, especially in the beginning when I told her the reason for my actions I was still manic and delusional and I didn't explain the situation correctly. I told my lawyer I sideswiped this car as a cry for help but actually I did it because I thought the other driver was following me and he had tinted windows and I thought he might be aiming a gun at me behind his tinted windows (I was having a paranoid delusion). I told my doctor and the doctors in the mental hospital the correct story about thinking the guy was out to get me and I sort of told the police officer who responded the same thing. But when my lawyer was preparing my defense or negotiating my plea agreement I don't think she fully was equipped to get me the best deal.

I feel like what I did in my delusional state of mind I thought I was doing in self defense and according to not guilty by insanity I did not realize what I was doing was wrong and I did not intend to do anything criminal. I should have got a better deal or gone to trial and tried for not guilty due to insanity. I feel that since I did not articulate the nature of my state of mind when the incident took place to my lawyer I should be able to revisit the case, appeal it or something. Part of being competent is the ability to be useful in developing your defense with your lawyer. I talked to a lawyer briefly about this and he said that when I accepted the plea agreement I gave up all my rights but I just feel like there must be some way to fix this. The lawyer said I could do a petition for leave to appeal and it would be up to the court to decide if they would let me appeal but I feel like maybe there are legal rights I still have to reopen the case since I was not competent.

Does anyone know any routes I could take to get this case looked at again?

I know that since I took a plea agreement I'm not eligible for post conviction relief. ]]> Criminal Procedure ineedsomeadvice http://www.expertlaw.com/forums/showthread.php?t=158303 http://www.expertlaw.com/forums/showthread.php?t=158250&goto=newpost Fri, 10 May 2013 04:06:59 GMT My question involves criminal law for the state of: MISSOURI My ex bf hit me, threw me around, and attempted rape the 1st if April. I decided... My question involves criminal law for the state of:
MISSOURI

My ex bf hit me, threw me around, and attempted rape the 1st if April. I decided not to press charges but my friend was a witness and filed a report against him. he was then arrested and was in jail for 7 hours. I found out today that the state picked up the case for domestic abuse. Can I still press charges? Or is there anything I can do like file a report of what happened? I want to be able to say what happened in ny defense. I don't know if a report from me would help prosecute him or not. I live in Missouri by the way. ]]> Criminal Procedure tiffanydoherty1 http://www.expertlaw.com/forums/showthread.php?t=158250 http://www.expertlaw.com/forums/showthread.php?t=158243&goto=newpost Fri, 10 May 2013 01:18:06 GMT My question involves criminal law for the state of: New York The wife of a relative of mine was employed by a EU based pharmaceutical web site... My question involves criminal law for the state of: New York

The wife of a relative of mine was employed by a EU based pharmaceutical web site that was involved in illegal controlled substance distribution(prescription pain medications). She is not a partner or an owner of the company; just a salaried employee and had no knowledge of these activities. Unfortunately she was handling some of the financial transactions and emails for the company and was implicated in a DEA sting operation. She now has a warrant for her arrest in the state of NY and is fighting extradition proceedings in her country. The charges would most likely be dropped, but the legal expenses would certainly ruin her family(she resides in one of the poorest countries in Europe).

Can a salaried employee be charged for the illegal activities of a company even though she had no knowledge of the them and has no prior criminal record? What can be done to have the case dropped? She had no knowledge and was not benefiting in any way from the illegal activities of the company. If that is not possible, how can she prevent extradition and be tried in her own country? ]]> Criminal Procedure krassyg http://www.expertlaw.com/forums/showthread.php?t=158243 http://www.expertlaw.com/forums/showthread.php?t=158137&goto=newpost Tue, 07 May 2013 13:03:43 GMT My question involves criminal law for the state of: Virginia I was found guilty of a level 3 misdemeanor for Causing a telephone or pager to ring... My question involves criminal law for the state of: Virginia

I was found guilty of a level 3 misdemeanor for Causing a telephone or pager to ring with intent to annoy- Code of VA 18.2-429. When I went to the hearing, the judge told me this was a jailable offense. I, very politely, questioned that then. He researched through two red law books on his bench and then apologized to me stating it was a non-jailable offense. I went to my trial later that month, I was found guilty. The same judge then sentenced me to "5 days in jail with 3 years probation, suspending the jail time to an $81.00 fine". When I tried to speak up about the same issue again, he got very upset with me. The clerk listened to me and after a week, they were able to remove the jail time from my sentence, but left the probation on and the paid fine on. This does not seem fair to me at all! The lady accusing me of this was my boyfriend's ex-girlfriend who harassed us from day one. I defended myself by sending her 3 different texts over the course of 3 months. She works for the courts as a drug counselor and she won of course. I even had proof with me that she called my home from her place of work and hung up on my daughter. Her work compliance officer even sent me a letter of proof. The judge didn't care. I have no fight in me left to defend myself or appeal the case. Lesson learned to never text anyone in defense of my relationship. My problem is the sentencing. I'm sure I'm not the only individual sentenced incorrectly. What can I do?? ]]> Criminal Procedure Ellen http://www.expertlaw.com/forums/showthread.php?t=158137 http://www.expertlaw.com/forums/showthread.php?t=158044&goto=newpost Sat, 04 May 2013 22:50:10 GMT My question involves criminal records for the state of: OHIO Its kind of embarrassing and I was drunk and riding a bicycle but I actually got... My question involves criminal records for the state of: OHIO

Its kind of embarrassing and I was drunk and riding a bicycle but I actually got charged with a DUI that was later dropped to a Reckless Operation. I didnt complete the terms of my release and hearing (court appearance) I moved out of state as it wasn't something I had considered. It's really nothing serious and I know I should have taken care of it but barring all of that what are chances I would get arrested and/or extradited for this while trying to get a simple State ID in WA state, Tacoma or Seattle? ANy help would be greatly appreciated.

thank you ]]> Criminal Procedure DoGooder http://www.expertlaw.com/forums/showthread.php?t=158044 http://www.expertlaw.com/forums/showthread.php?t=158033&goto=newpost Sat, 04 May 2013 16:28:53 GMT My question involves police conduct in the State of: Ohio Hello, I just registered an account here specifically to ask this question and I am sure... My question involves police conduct in the State of: Ohio

Hello, I just registered an account here specifically to ask this question and I am sure I will find this forum useful in the long -term, as well...

Basically, I've been harassed by the police more times than I can count and I have a question about how to deal with unprofessional cops in future confrontations. I'm always getting stopped for simply walking down a public sidewalk at night. I've ALWAYS been as polite and cooperative as possible, yet the cops always find a way to make me feel like a criminal. I get nervous when I'm stopped by the police and sometimes the adrenaline makes it hard for me to explain myself clearly, so the police who are asking me questions will pull the "Why-are-you-nervous-if-you-did-nothing-wrong" card. I have decided to simply plead the Fifth the next time something like this happens. I will give the officer my I.D., ask if I'm being detained, and [hopefully] walk away.

My question is this: what if a bored cop pulls me over, I ask him "Am I being detained or am I free to go?", and he refuses to answer me just to keep me standing on the side of the road for an indefinite amount of time? Would I be in any legal trouble if I just walk away as long as he doesn't make a formal attempt to arrest me?

This has never happened to me. I'm just curious because I can imagine this happens a lot. I appreciate all replies. ]]> Criminal Procedure EntwinedByVengeance http://www.expertlaw.com/forums/showthread.php?t=158033 http://www.expertlaw.com/forums/showthread.php?t=157999&goto=newpost Thu, 02 May 2013 18:54:47 GMT My question involves criminal law for the state of: California I was arrested for DUI 2 months ago and I went to court on the date that was listed... My question involves criminal law for the state of: California

I was arrested for DUI 2 months ago and I went to court on the date that was listed on the ticket, which was the end of last month. They had no record of me or any dates scheduled for the future. So they sent me home.

Yesterday the police came to my house and with a warrant for my arrest because they said I had fail to appear for a court date a week ago. But I never got any notices in the mail about that court date so I was not aware of it. The cops wouldn't listen and took me in. I had to have a family member post $10000 bail to get me out otherwise I would have to wait a month in jail for my next court date. How is this even right? The court messed up by not giving me any notice and now I'm at fault. What can I do to fight this because it is not right? I feel so helpless. I can't afford an attorney. ]]> Criminal Procedure garycoleman http://www.expertlaw.com/forums/showthread.php?t=157999 http://www.expertlaw.com/forums/showthread.php?t=157814&goto=newpost Sun, 28 Apr 2013 05:09:34 GMT My question involves criminal law for the state of: Texas Last week, my family member was tried, convicted and sentenced for 7 counts of false... My question involves criminal law for the state of: Texas
Last week, my family member was tried, convicted and sentenced for 7 counts of false claims of child sex abuse that "happened" over 16 yrs ago. One of the jurors knows the defendant on a personal level and did not disclose this until after sentencing - personal guilt made them come forward. So, what happens now? ]]> Criminal Procedure Imshocked http://www.expertlaw.com/forums/showthread.php?t=157814 http://www.expertlaw.com/forums/showthread.php?t=157716&goto=newpost Thu, 25 Apr 2013 07:15:32 GMT My question involves criminal law for the state of: Federal I have a question about the types of reasons which are valid for attacking a federal... My question involves criminal law for the state of: Federal

I have a question about the types of reasons which are valid for attacking a federal conviction and getting it vacated. If someone wasn't indicted, but instead signed and plead to a bill of information on federal charges, and in the agreement, it specifically said that as part of the agreement the government agrees not to bring any other charges concerning the activity against the person, however, a few months after it was signed by both the defendant and the assistant US attorney and the process has started, another federal disctrict indicted the person for the same crimes occuring during a time period that was covered in the bill of information, due to miscommunication on the government's part between themselves, and after the person was convicted and sentenced for the charges of the information, the other indictment was dismissed by a judge on grounds of double jeopardy, would this be grounds for government misconduct and a good reason to attack the conviction under the information and have it vacated?

I know it sounds kinda complicated, and there is an attorney looking into it, but any extra thoughts from the members here are appreciated. ]]> Criminal Procedure Broomer12 http://www.expertlaw.com/forums/showthread.php?t=157716 http://www.expertlaw.com/forums/showthread.php?t=157701&goto=newpost Wed, 24 Apr 2013 22:20:13 GMT My question involves criminal law for the state of: California. General legal definitions of Arrest all include taking into custody, loss of... My question involves criminal law for the state of: California.

General legal definitions of Arrest all include taking into custody, loss of liberty etc.
I was told by local PD that being provided a Notice to Appear for a misdemeanor is an arrest. Is this true in all/any cases?

I was not taken into custody, but my car was towed and impounded for 30-days. Are they stretching too far? or is this accurate?

CVC 14602.6 "Vehicle Impoundment: Suspended, Revoked, or Unlicensed Driver: Hearing"...14602.6. (a) (1) Whenever a peace officer determines that a person was driving a vehicle while his or her driving privilege was suspended or revoked, driving a vehicle while his or her driving privilege is restricted pursuant to Section 13352 or 23575 and the vehicle is not equipped with a functioning, certified interlock device, or driving a vehicle without ever having been issued a driver’s license, the peace officer may either immediately arrest that person and cause the removal and seizure of that vehicle or, if the vehicle is involved in a traffic collision, cause the removal and seizure of the vehicle without the necessity of arresting the person in accordance with Chapter 10 (commencing with Section 22650) of Division 11. A vehicle so impounded shall be impounded for 30 days.

I have bought my car back after the 30-days, but want to learn this before appearing in court on the citation. thanks for any help. ]]> Criminal Procedure stiavetti http://www.expertlaw.com/forums/showthread.php?t=157701