Criminal Defense Questions & Answers

About 13 results within Criminal Defense

Asked in Miami, Florida | Oct 2024

Is it legal for TWO thirteen year olds.. to have consensual sex?

I understand that it is unlawful to have sexual consent with anyone under the age of 15 but what if both of you want to and are in the same age? As two 13 year olds or two 14 year olds and such alike? How far can one go legally?

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Asked in Fairfax, Virginia | Oct 2024

What does Bailee Violation Release Condition (Capias case) mean?

I had a warrant for a felony charge and I was arrested after getting charged with two other felonies a few months later. I just had my first court appearance about a few days ago and was declared indigent hence I was given a court appointed lawyer and then I discover that I have been charged with bailee violation release condition (Capias). What does it mean? I called the court and the warrant desk of which they explained that it means that the judge CAN sign the warrant at anytime and shall make it effective.When I talked to my P.O, I was told that it simply means that it is in processing and the judge WILL sign it and make it effective in a couple of days. And that I should either present myself at the court tomorrow with the presence of a lawyer or simply surrender myself when I discover that it is effective. I require professional opinion/advice.

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Asked in Newaygo, Michigan | Oct 2024

There was a case that someone accused me falsely and I have evidence to prove it to the police. Now I have the evidence, what do I do next?

Last September, my employer and a friend of considerable years’ standing filed a police report that I sold meth from my parents’ house. This is the only evidence they used to then execute a Search warrant On my parents residence. Since these these accusations were false, they never got what they were passionately seeking to Find. Since they had Zero evidence for probable Cause. All they got was a used pipe and a syringe Which they dld charge me with two felonies. My First Felonies also. Though the Search Warrant was unlawful, the magistrate cannot just issue the police one without reasonable cause, and execute one without adequate proof beforehand is unconstitutional to my fourth Amendment. But going back to the very start and saw all our messages and he mentions that he only went to the Police Station due to issues of our friendship and said nothing at all about him going to the police with lies. I have evidence where he says his real reasons for going to the police, not what he went and lied about. Is it possible that you discard these cases if the first report made by the police was a he?

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Asked in Far Hills, New Jersey | Oct 2024

Why is My Case Going to the Grand Jury?

Okay, if a judge says, ‘I’m going to send your case to the grand jury,’ what does this mean? I visited court on the 27 /02 /2023 awaiting trial but I end up being subjected to many postponements. They have also been urging me to take a plea bargain as well also giving me technical assistance. In my last trial, the judge proposed a deal that did not include community service or anger management, but I refused since I do not wish to be guilty of an offense of disorderly conduct even if it is categorized as a minor crime. Now, after rejecting the offer, the judge has halted the case and have referred to the case being taken to the grand jury. So what am I going to do to help my case? Is this an effort to scare me into taking the plea?

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Asked in Cleveland, Ohio | Oct 2024

How to Check if You Have a Warrant without Paying

Is there a method to find out whether there is a warrant for my arrest in Ohio possibly a bench warrant without having to pay? I do not wish to be caught off guard hence asking if there is a basic and free way by which one can get the information.

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Asked in Tallahassee, Florida | Oct 2024

Have I Broken the Law If I Watched Some Explicit Photos On a Website?

After reading an article about local nudist gatherings on Tallahassee.com, I googled 'Nudist Photo Gallery', and clicked the first link.Unfortunately, that led me to a site called PURENUDISM. COM and was exposed to child pornography. ” There was no sex, but those pictures make me feel uneasy, I don’t know what legal issues could this lead to? It has a legal disclaimer which states that the content of the site is protected under the first amendment laws of the United States and is therefore beyond the purview of local obscenity laws. Am I going to be in any sort of trouble for looking at this site?

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Asked in Merrill, Wisconsin | Oct 2024

What is an OWI charge and how does it differ from a PAC charge?

My husband was charged for the first time with OWI (Operating While Intoxicated) offense and went to court. The judge dropped the OWI charge but convicted him of a PAC because his BAC was . 16 that later gets lowered to . 15. He was fined for some instances and was ordered to have an IID (Ignition Interlock Device) attached to his car. Is a PAC charge as severe as an OWI charge in his record and insurance standpoint? In case he is charged again, is it going to be his second OWI or still first?

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Asked in Sacramento, California | Oct 2024

How long does a reckless driving charge remain on your record, let alone if you are not intoxicated?

I have applied for a position in a city which involves driving a truck and prior to this, I was charged with reckless driving about 5 years ago. It was a misdemeanor and I hope that this is not something that is still currently in my record. Since the job entails clean traffic record, I have to find out whether this past charge will count against me. I think I had either commited a criminal or a traffic violation, well at least I was driving too fast and ended up crashing through a fence. The question that I have is how to know if this is still a problem or not?

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Asked in Oviedo, Florida | Oct 2024

Is it legal for a 19 year old to date a 16 year old?

I am 16 years of age and there is this guy who has quite some similarities with me and we can easily agree. We talked recently about how we feel for eachother, but he is shy to become official dating because he can be arrested because he is 19 y. o. Is it acceptable to be in a romantic relationship with a 19 year old, let alone engaging in sexual activities?

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Asked in Perth Amboy, New Jersey | Oct 2024

How long can I reside in New Jersey without having to become a registered sex offender?

I want to know how I can notify the Florida authorities about my plans to travel. I am planning my trip to New Jersey and wish to learn more about the rules concerning sex offenders. More to the point, I would like to know if there is a sort of fixed period, for instance, 7 or 8 days, within which one is not required to register before settling in New Jersey. What are the rules?

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