Criminal Legal Questions & Answers

How do you file a habeas corpus in abeyance? Would filing it in abeyance be a petition or a motion? Is it separate from the habeas corpus? Or should it be in the writ itself?

What Is Theft-Aggregated? I have been searching for information on this topic for hours and I can't get any information on it.

How does an inmate declare indigency for the purposes of getting transcripts of his trial? We are being quoted almost $700 for just the motion hearing transcript. His attorney abandoned him after the trial and we are trying to get another attorney but he needs the transcripts t...

What is the difference between rape and gross sexual imposition?

If the police say they have probable cause can they arrest you? Can they take your prints? Can they make you come in to the station house?

My son (17yrs) and I had a heated argument. After I left the scene he contacted the police and stated that I tried to run him over with my car. The police have called me in for questioning. What would the charge be and how much time would I be facing if this incident occurred?

Is there is a public record or a free background check website to check if one has a criminal record?

I was convicted of felony DWI in January 2004. I was sentenced to 5 years probation. I was released from Probation early, December 2006. I am wanting to get hunting and voting privileges back. Can you tell me what I need to do?

Where can I get information about the Brady Law and if your company has the so-called “Brady Motion”?

Is Miss. Code Ann. 97-21-59 and /or 97-21-33 a swing statue? Would someone convicted of uttering forgery under $500.00 be a felony?

I own a bail bond company. My competition is trying to advertise using my name using his number to mislead consumers in thinking that they are doing business with me, as I am the only one doing Bonds in this area and have been for 18 years. He is trying to use my reputable name ...

What is the time limit on being indicted on a felony count? And if it is four years, what should I do about having the charges taken off of my record?

I am a mayor in a small borough. Recently I hired a chief of police and one officer, after not having an officer or a police department for a entire budgeted year. When the citizens asked if the 2006 budgeted money was still there they were told "yes" by the president of the cou...

I'm trying to appeal my sentence. I don't know what legal form I need. I am representing myself. What kind of motion do I need to turn into the court and district attorney to change this sentence?

What is the statue of limitations on filing charges for embezzlement?

What is the penalty for consentual sexual intercourse between a 16 year old girl (now 17) and a 21 year old male.Reported by male's ex-girlfriend to authroities. Future contact between the 17 and 21 year old?

My son is a 1st year college student working towards a degree in education. He was out with, what I would call, the wrong crowd one night. After getting pulled over the police retrieved from under the seat of the car where my son was sitting a bag with about $10.00 worth of marij...

If a person files a restraining order against someone, and the person is complying with the order against them, but the person who asked for the restraing order is calling the person at their home? Why are they allowed to do that?

I am involved with a man whose wife wants to divorce him. He is living in their house, she has been living with her parents for about five months. She recently told him that because the house is in both their names, if she ever catches me in the house she will have me arrested fo...

My employer has who has a partner, has been embezzeling money from his company for years. In the past 3 years he has repeatedly made very delinquent deposits into my 401k and continued to take out payments for insurance for 4 months after he let the policy lapse for non-payment. ...

My son was arrested for marijuana possession and minor consuming. The office said that he had thrown marijuana in a trash can. He said he did not and this was at a party where some kids ran. His bac level was .02 and he swears he hadn't been drinking either. The drinking thin...

In the state of Alabama how much money is involved in a theft of property-2, type F?

Could you please explain the purposes of counts when charged of an offense?

Is it a felony for a high speed chase and running on foot from police?

Is there a time limit for how long after I was pulled over till I was given a blood test?

Is it illegal to pay a ransom?

I have a scheduled date for a “pretrial”? I am not sure what this is or its purpose. Am I to be arrested? I was released on my own recognizance, and I was told that my trial date was scheduled for July. I want to know if I am going to be arrested at this pretr...

If 12 counts of forgery (forged time cards) in this case, could this constitute one criminal act since a first degree theft was charged as a direct result of the forgeries?

If you are a married female and you took money from someone who asked you to masterbate for them and your husband was there can he press charges of prostitution?

What charges can be filed against me if I allow two inmates to fight while working for a correctional facility?

My 18 year old daughter was arrested for shop lifting. The value of the shirts was $60.00. She received a Class B Misdemeanor and will go to court May 15. I have heard that if she pays the fine the charge will stay on her record if she takes probation it would come off her recor...

I have been arrested for an underage drinking charge 3 times in the state of Georgia. In my most recent case I was sentenced to a first offenders treatment. For some reason, I believe in one of my other cases I was given the first offenders treatment. If this is true, what will h...

What is the difference between an ex-parte restraining order and a TMO/TMRO?

What does the term poss cs pg mean in reference to possession of drugs?

The application of the Due Process Clause of the Fourteenth Amendment to criminal prosecutions...

I was arrested and charged with two misdemeanors on February 17, 2007. My court date is June 4. Do I have any rights concerning having a quick and speedy trial?

Shoplifting is a crime of theft governed by state laws, which vary by state. Shoplifting can i...

Can you be charged with shoplifting two weeks after the incedent took place and without the merchadise?

I am possibly going to be charged with disorderly conduct for a verbal altercation. Can you tell me the penalty for this offense?

What is the punishment for grand larceny?

I was charged with possession of marijuana. However the police found a pipe on me and absoultley no marijuana. Is this a ligit charge?

What is "Theft Third Degree"? I pled guilty to this in the state of Washington. Was I convicted of a crime? If so, is it a misdeanor or a felony? I'm applying for a job as a Secretary with a local police department here in Richmond, Virginia and if its a felony, I need to kno...

What are the laws in Tennessee for a bigamy?

Under the law of parties in Texas - if a person drives someone to a drug deal and does not know what is to take place until it starts happening in front of them are they guilty of delivery of controlled substance or do they have to know what is going on from the beginning? And ar...

What can I do If I know a family member is using my personal information D.L. and date of birth, and social security number for acts to harm my identity?

I have a son born April 19, 1989. He is dating a girl who was born April 29,1992. We have just found out that she is pregnant. Can her mother file statutory rape charges against him?

What does the charge conspiracy mean if federal agents arrested a person due to having the phone taped of a person in which they were investigating?

I'm trying to find information on Colorado's Rule 21.

For someone who is in prison in Ohio, how can they file for an early release?

Is Nebraska a state that participates in the Nonresident Violator Compact? My violation is for possession of drug paraphernalia.

My friend is pregnant and 15. The dad is 19 now, but he was 18 when she got pregnant. She is worried that if she goes along with the pregnancy, the father will get in trouble and go to prison as a sex offender. I have been trying to help her find information, but we both keep hea...

What is the maximum sentence a judge can hand down for the following crimes: use child dsp sx, Cont Sex Del Minor?

In may of 1980 I went to municipal court in Alabama for a DUI charge. I had the charge lowered to reckless driving and would like to know if this falls into the catagory of a class A or B misdemeanor?

Please help me to understand what is the maximum punishment for battery by prisoner. Also, how can you approach the judge as far as defending yourself.

In the state of California what is the definition of "under the influence of a controlled substance" (not driving). I was under the impression that you had to have used within the last 24 hours. Is that correct? In the case of "Meth" use they can only tell if you had used wit...

I was arrested in Jan. 2007 on a domestic violence charge in North Las Vegas, NV, to which I plead guilty. The judge gave me community sevice, fines, and domestic violence classes. He told me that once the sentence was complete my charge would be ammended to disturbing the peace...

I received counterfeit money orders in the mail and sent my daughter to the place they are drawn from to see if they were good. She was sent to a bank to have them verified and was arrested for forgery. How can she be prosecuted for forgery when she didn't sign anything and I tol...

The courts in Florida have charged me with simple battery (misdomeanor) and one year probation. Now they want me to pay restitution which is going to be impossible for me to pay. I support 3 children and my elderly parents. What should I do? I can not afford to keep traveling...

I need to know the New Jersey sentencing guidelines for terroristic threats. My sister lives in Arizona and was just notified over the phone by a police officer in New Jersey that she was being charged with terroristic threats due to a phone call that was supposedly made from Ari...

My 19 year old son borrowed a friends car. It was foggy and the ground was moist. When he stopped at a stop sign and accelerated too fast and lost control, he hit a parked car and then fled the scene. What penalties is he likely to face?

What is dollar value associated with the definition of grand larceny, vice petty or petit larceny in the State of Missouri?

Is contributing to the delinquency of a minor a felony or a misdemeanor?

I would like to know penalties for DUI 40-6-391 including loss of license and any other penalties.

What is the fine or punishment for baiting deer? first time offense

My brother was on the run for 2 failures to appear on assualt charges, he learned that the Feds had a Federal Indictment for conspiracy. He has been arrested and is in Federal Prison awaiting trail. I know that the charge involves drugs but that's all. Can you explain what conspi...

If you get a DUI in Mobile, AL and do not blow. Is it automatically a felony? I was told it was and not just a misdemeanor?

An adult (Age 18+) contacted a 15 year old minor over an instant messaging program. He spoke to her and said something along the lines of teaching her to masturbate over the phone or teach her how to have phone sex. He asked her to give him a quantity of nude pictures of hersel...

I teach sex education to young adults with developmental disabilities. Several of the male students have explored pornography on the internet. What specifically are the laws pertaining to this and what is the definition of pornography?

My 19 year old son was charged with criminal impersonation. He was arrested outside a bar/restaurant with his older brother's driver's license in his pocket; is that criminal impersonation?

My friend's 15 year old son is developing a relationship with a 20 year old girl. She will be 21 in February and he will be 16 in May. They have kissed, but they say that's it so far. They plan to start a real dating relationship when he turns 16. I've heard conflicting inform...

My 15 year old daughter had sex with a 17 year old boy. They videotaped it with my camera according to my daughter and the boy's mother destroyed the tape and I have not seen the camera since. Can I sue the boy's mother for destruction of my property and concealing the fact tha...

What legal ramifications would come to an adult man who is caught inappropriately communicating with a minor either by internet or directly.

Is a BB gun considered a firearm that someone can be charged with a felony for either shooting it in a city limit and being in possession of or pointing it at someone?

Is it legal in the state of Ohio to tape record a government employee without their knowledge(specifically a children's services agent or probation officer)?

I live in Arkansas and own several acres of wooded property around the house in which I live. Every year I have problems with hunters trespassing. If I am threatened by a hunter with a firearm do I have the right to defend myself using deadly force? I also possess a concealed h...

I recently returned a suit to a department store. I was unaware that the suit was a knock-off (I purchased it from an online auction). The suit did not have a tag, but being a one time employee there, I knew what the policy was. The policy is to get a tag from a similar item to a...

F266 ENTICE MINOR FEMALE FOR PROSTITUTION' - what does this mean?

What does sexual abuse in the first degree mean? What are the penalties under the law?

I have 3 citations on my criminal history report. Two for disorderly conduct (1 of which was dismissed)and 1 failure to report an accident. I plead guilty and only paid a fine. Do these count as convictions or simply charged, even though I never went to trial for any?

I was at my cousins house when he was arrested for drugs; I was also charged because I was there and I have a prior record (10 yrs ago). I was not involved at this time. My cousin hired lawyers for both of us and they were only interested until my cousins money ran out. They sho...

In the state of Illinois, what is the severity level for fondling an 18 year old that happened over 7 years ago? She was 18 at the time and is now 25.

My 15 year old daughter was part of a group of teenagers who 'toilet papered' a house. She was in the group but did not participate. Two months following the incident; while at school, my daughter was questioned and intimidated by threat of Juvenile Hall regarding the event. Sh...

My son (26) was arrested on a warrant for a ticket which was taken care of. He has the ticket stamped by the court. He has been held in jail for 3 days because he was arrested on Saturday & Monday was a holiday. He has lost 2 days of work & embarrassed beyond belief, can ...

Is this threatening language reportable to the police and can the police act on this information? To which police department should it be reported? A daughter living in New York City posts the following on a popular social networking web site regarding her mother who resides in ...

My daughter died from peritonitis & gangrene, a complication a year and a half after a kidney transplant. She begged her husband to take her to the hospital. He refused and left her alone for several hours to suffer gangrene, and die later. Is this a case of depraved indiffer...

My 14 year old son may be charged with battery for an incident that happened on a school bus. Students on the bus were going back and forth with this girl. She became angry and directed a lot of anger and made threats to my son. As she approached him a few times with a belt an...

Are those allowed out of prison while in treatment for addiction or alcoholism under California proposition 36 considered to be on parole?

My daughter was arrested in SD. She is being charged with 3 counts of attempted murder. She was in a hotel room VERY depressed and was going to comitt suicide. A welfare ck was called in on her and they went to her door and she was holding a gun (she is a police officer) but i...

My son is incarcerated at Pasco City Detention Center in Land O'Lakes, Florida. As of March 30th they are not allowed to receive letters, only postcards. Is that legal? He has been there for 1 year today,and doesn't go to trial for over a month still. These letters and pictures a...

What is a vagrancy offense involving moral turpitude?

If an employee of a school district of which you are the general contractor makes his brags to various subcontractors that he plans to break you, is this a violation of any laws and if so what can he be charged for in a suit?

My company has a criminal case against a former employee for embezzlement and forgery. On the court calendars it is showing some charges with embezzlement and then it shows some that are larceny by employee. What is the difference, and is one worse than the other?

I have been subpoenaed to testify for the prosecution against my adult daughter for hitting me. I do not want to do this and I will be out of state at the time of the trial. What can I do? My daughter was drunk and I just wanted her out of the house. I called the police and ...

Was CPL 259J amended to grant early parole release to persons convicted of a class A Felony? In New York.

I want to know what the penalty is for a conviction of Public Indecency for the purpose of urination. I got a ticket for it and I just want to know if I will have to pay a fine or if it would leave me with a criminal record that would exclude me from practicing law. What is the w...

A Grandmother passed away and left money for her granddaughter, who is of age to receive such a large amount of money. The granddaughter was recently told about it but never received the money and was told that someone forged her name to cash in on the gift and still never receiv...

I am in the military and stationed in Texas . When I left Montana in May of 2006 I signed a Durable POA for my husband to take care of any expenses while I was there. He did not want to leave our 'retirement' home in MO. I bought a house in Texas as an 'investment' house. What I ...

If a plaintiff has a permanent restraining order in effect but contacts the defendant, can they get in trouble with the law or can the defendant use it against the plaintiff to have the restraining order dropped.

I requested court records or a statement from the court, and then an explanation as to the drug, amount, and means of distribution for which I was convicted. This was back in 1990-91 in the state of West Virginia. The case was tried in Wheeling (federal) court. How do I go about ...

My son was arrested in Washington State (near Everette, Snohomish County) for malicious mishchief (property damage under $50). My vehicle was towed and impounded. My son was given an unconditional release from the County Jail the very next day. My tow charge was $481 - the tow wa...

I have someone in Texas who has threatened to fly out to Arizona and cause me physical harm. Do I file charges in Arizona or Texas, and where do I file charges?

Is it required for a spouse to announce they have an std to the unknowing spouse throughout a divorce proceeding prior to bifurcating the marriage and signing off on continuing to support the infected spouse with medical insurance? And could it be construed as 'fraud' if found ou...

I was arrested when an officer entered my home, asked me my name, and said he knew me and had trouble with me before; which was a cover for his high position as a police officer. Anyway, the facts are, I have never been in any trouble with the law, he did not know me, and has not...

Can a company sue someone who has been caught shop lifting 10 times for the amount of the merchandise they tried to shop lift even knowing they paid a fine in court and did community service time?

What is the mandatory sentence for growing 20 marijuana plants in Pennsylvania?

An altered affidavit of a warranty deed 10 days after sworn resulted in the tax sale of my property. Is it a crime to alter an affidavit?

Regarding Conv/Nolo Sex Offender Registration in Tennessee on or before January 1, 1990. Do they have it today?

I am getting a background and criminal check from the Ohio Bureau of Criminal Identification and Investigation to work as a cook in an elderly care facility and under senate bill 160 no one is eligible if they have been convicted of aggravated menacing. I have not been convicted ...

If a customer is at my restaurant , and is arrested for selling illegal drugs on my property am I in legal trouble ?

i am being charged with welfare fraud,(7200.00) if found guilty what is my punishment. I have never been in troubled with the law before. please help

The People will not bring additional charges..taken from a plea agreement what constitutes the people