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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 12764
Experience:  Experienced Licensed Attorney
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I went by my old residence a few months back & was startled

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I went by my old residence a few months back & was startled to see my good friends who were my previous neighbors gone! I knew they were in the process of moving but they had said they would call me b4 hand so I could possibly help on moving day! I knew they were gone due to the absence of their cass a motor home which I have Never seen them move-EVER SINCE THE DAY THEY BOUGHT IT!
I turned to go up their driveway which is long about 1/4 mile and adjacent to my old driveway which was 1/2 mile long...as I went towards the house a plain bright orange box van went across the yard area onto to old driveway and accelerated quickly to the road I thought it was strange but was even more alarmed when I got up to the house & found no one around...it's a very large house & I knew from the past many people could be in the back...going around to the back I was shocked to find the back garage door open to about waist height and many items lined up all along the back of the garage-this was wrong it felt bad I grabbed my. Cell phone it was completely dead plus only one bar of cell tower strength...I remembered from our many years together as friends their was outside outlets back where the French doors were so I thought I would plug my phone in put everything back into the gag rage & clean up the yard (as there were papers blowing all over-not the way they would EVER LEAVE STUFF)! I got to work I soon found out the item used to hold open the garage door at 1st was a cement bench with 2 legs and a seat it was VERY HEAVY! I have kidney disease & cannot lift or carry item or risk causing my kidneys to bleed badly so I drove around and put the pieces in the back but suddenly I was attacked by a female mallard duck...I walked around & discovered her nest & clutch of eggs so I couldn't stay parked there so I moved to the French door drive which was just below & next to my phone.
I got everything cleaned & put away and the door back down just then I heard a car IT WAS MY NEIGHBOR!!! I was elated...calling out to him I said "RON, RON IM IN HERE WAIT THEN I HEARD HIM YELLING....I CALLED TO HIM AND GOT OUT THE DOOR TO BE FACED WITH HIS 9mm I started to explain what happend & he was on the phone with 911...he said get down shut up! I was so scared...obviously I was arrested (never read my rights though) taken to county jail held for about 8 hrs then released with no explanation or bail or bond or judge-nothing!
Over 2 months go by sheriff shows up at my friends house just walks in the house as I'm dressing (I started to take off my bathing suit but heard something...came out to be face to face with 2 cops)! They were yelling at me asking where was I hiding I said no where I was changing from swimming go feel the floor where I was standing!(they didn't)...they said they had a warrant for my arrest (not explained at all just that)...they handcuffed me took me back to jail overnight again-this time I was supposed to go in front of the magistrate but I didn't he released me on personal recognition ( or my promise I think) or $50,000 fine to show up tomorrow to go in front of him in person...
Being a holiday weekend I could not find a lawyer-will it hurt that I don't have one tomorrow-I cannot afford one I have VERY VERY SEVERE KIDNEY DISEASE SO MUCH SO I HAVE A PERMANENT IV LINE IN MY CHEST ("MEDIPORT") I take lots of narcotics & yes I have a doctor that will gladly back me up...what will happen tomorrow? I know now I should have called the police right away but hind sight is 20/20 I feel so stupid but I was only trying to help my friends! But I found out later someone had broke into their place before and now they are trying to say it was me but it wasn't . They say my finger prints are in the house but of course they would be because I was over often & we were very good friends!
I'm very scared- hurt to think my friends would think such bad things of me plus honestly I've never been in trouble and I shouldn't be for this because my heart was in. The right place but it Sure LOOKS BAD-help please
Submitted: 10 months ago.
Category: Legal
Expert:  Alex J. Esq. replied 10 months ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

What is your specific legal question for me?
Customer: replied 10 months ago.
What will happen tomorrow in front of the magistrate? Will it hurt that I do not have an attorney? I have never even had a speeding ticket let alone any criminal past will that help? Will I go to jail tomorrow with my kidney disease that will be VERY HARD ON ME! I have a kidney disease that causes me to pass multiple kidney stones EVERYWEEK!!! Will I have to put money up front?
Expert:  Alex J. Esq. replied 10 months ago.
Dear XXXXXie,

Thank you for your follow up.

Can you please tell me what criminal charges are you currently facing?

Are you able to afford a private criminal defense attorney to represent you in this criminal case against you?
Customer: replied 10 months ago.
That's the thing I've never been officially charged with anything! What. Angers me is the lieutenant that was "in charge" I spoke with in person in the parking lot of the jail where my vehicle was towed-he asked if everything was there? I informed him there were some items missing...I asked who he was he informed me he was investigating my case-I SPECIFICALLY ASKED HIM TO CALL ME IF A WARRANT WAS ISSUED (I handed him my card w/all my contact info) I SAID I WOULD COME IN AS SOON AS I HEARD FROM HIM OR I GOT A LETTER I WOULD COME IN-he promised me & I even had him repeat his promise! He broke his promise!
-No defense attorney I only found out Saturday
-I NEED A GOOD PRO BONO LAWYER DUE TO MY DIVORCE FINALIZING IN JUNE.
-what should I expect tomorrow especially with my serious health concerns
Expert:  Alex J. Esq. replied 10 months ago.
Dear XXXXXie,

You should never believe what police tells you as police is not your friend or you lawyer and will tell you anything to get statements and confessions from you that can be used against you in a criminal case.

Basically, it is likely that tomorrow will be your arraignment on felony burglary charges and basically a plea of "guilty" or "not guilty" will have to be entered by you.

It is always a good idea to enter a plea of "not guilty" and aslo if you do not have sufficient income and assets to hire a private attorney, you will be able to apply for free legal service with the public defender's office.

I wish you the best of luck!
Expert:  Alex J. Esq. replied 10 months ago.
Dear XXXXXie,

Do you have any related follow up questions for me?
Customer: replied 10 months ago.

Should I expect that my PR/$50k that was in effect for me to show up at court tomorrow will remain the same or will the magistrate change it?

WHAT IS THE DIFF BETWEEN POSTING BAIL &/or A BOND?

WILL HE TAKE MY SERIOUS MEDICAL CONDITION INTO CONSIDERATION IN HIS DECISION ON WEATHER I SIT IN JAIL WAITING MY TRIAL OR AM FREE ON BOND/BAIL/"pr" ?

Do u think I should plan on going to jail ( I'm SO SCARED) tomorrow?

Thank you for your kindness & expert help I've never received a speeding ticket let alone anything of this magnitude! I feel like a fish out of water & VERY SCARED!

SINCERELY-
ANNIE McGREGOR
Expert:  Alex J. Esq. replied 10 months ago.
Dear XXXXXie,

Thank you for your follow up.

1) It would be up to the prosecutor whether to ask the magistrate to increase the amount of bail and to whether require for you to post actual bond and not to allow you to remain free on your own recognizance.

2) Bail is ordered in the form of an amount that has to be posted in order for criminal defendant to be released from jail, while the criminal case is pending. Bond is the actual amount that is paid to comply with bail requirement and the court can release the defendant on unsecured bond (own recognizance) or require for the defendant to post the full amount of bail, before the defendant would be released.

3) The medical condition can be brought to the court's attention and the magistrate / judge will consider it, but medical condition would not prevent a judge from placing a defendant into custody / jail at the magistrate's / judge's discretion as defendants can be provided with medical services while in jail or the inmate can be transferred to medical facility if necessary.

4) Unfortunately, there is no way to predict, as it would be up to the magistrate and would be based on facts and evidence, but it would be a good idea to plan for the worst case scenario, even if it doesn't happen.

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 12764
Experience: Experienced Licensed Attorney
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