How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LegalKnowledge Your Own Question

LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16438
Experience:  7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
9540344
Type Your Legal Question Here...
LegalKnowledge is online now
A new question is answered every 9 seconds

Hello. My name isXXXXX the beginning of July I got a summons

Resolved Question:

Hello. My name isXXXXX the beginning of July I got a summons for the possession of marijuana. Then on Oct. 3rd I was arrested for PL 140.10. Trespass in the third degree. Today I went to the court for the first summons and was put on probation (ACD.) I have another court hearing on Nov.6. Since I was arrested before put on probation, can it influence the decision of the judge? What is the worst case scenario?

Thank you
Submitted: 11 months ago.
Category: Legal
Expert:  LegalKnowledge replied 11 months ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. Is the hearing on Nov 6 for the trespassing charge? Was the court aware of the second arrest when you were placed on probation for the first charge?
Customer: replied 11 months ago.

Yes and No


 

Expert:  LegalKnowledge replied 11 months ago.
Thank you for the additional information. Since you were placed on probation AFTER you picked up the second charge, it would not be a violation. You just need to make sure you do not pick up any additional charges and comply with the terms and conditions of the ACD. When you appear on the 6th, the Judge is going to want to know if you want to take a plea deal or go to trial. While this is punishable with jail, it is highly unlikely that the State would seek any. The reason being is that this is a nonviolent crime and the State would look for a probationary sentence, fine and court costs, before any jail time. Moreover, it is the obligation of the State to run a background check and see if you have any other open or pending charges. If anything, the fact that you had this case at the time you were placed on probation ACD, is what could cause an issue but if the court failed to perform their due diligence and check this out, it may not come up.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 11 months ago.

Thank you for your answer. I have another couple questions.


 


1. If the judge asks me if I was arrested before should I mention ACD, since summons is not an arrest? Should I mention it all if the judge is not asking?


 


2. What issues might be caused if the court runs background check?


 


Thank you

Expert:  LegalKnowledge replied 11 months ago.
If the Judge asks you anything, you need to be truthful and honest. If nothing is asked, then you should not volunteer any information that could hurt your case. As I mentioned before, let the prosecutor perform their due diligence and check your background to see if there are any open cases. If they were to see the other open case, they may seek to impose a longer period of probation or higher fines. I do not see them seeking jail, even though you are a second time offender, based upon the nature of the charge. They will not offer any type of diversion program, since one is pending now, so it will either be a plea deal or trial, to resolve the charge.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16438
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
LegalKnowledge and 18 other Legal Specialists are ready to help you
Customer: replied 11 months ago.

Thank you!


 


So, if the judge asks me if I was arrested before I have to mention the pending ACD? Am I correct?

Expert:  LegalKnowledge replied 11 months ago.
Yes, that is correct. The Judge can look in the system and see this, so he/she may be testing you to see if you are truthful and will disclose this. Please let me know if there is anything else. If not, please remember to rate my help, so I can get credit for my answer.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions