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Recent criminal law questions
I'm being charged with child neglect seeking medical
I'm being charged with child neglect for not seeking medical attention for my three year old son. He had fallen down the stairs and was a little bruise from what I could see and he lost a tooth. I wasn't home when the event happen, my daughter father was. I don't have any criminal history or ever have to deal with DSS. My court date is 8th April 2016. What will judge appoint me to do sense it's my first charge ever?
Counselor at Law
I believe my ex-wife is guilty of many crimes.California
I believe my ex-wife is guilty of many crimes.California April 2004Sexual Battery Domestic Violence on HusbandCalifornia 2008Flung our son of 6 months old down 7 steps. He was seen by ER.California 2009Shook our son vigorously of 1 year 8 months shooting at him at the same time "What is your problem!" California 2010Pushed our son of 1 year 11 months down 12 wooden steps. He was seen by ER.I believe these are most of the law codes she has broken;Penal Code: 243(e)(1)273.5 11165.2 ~ Neglect11165.6 ~ Physical Abuse11165.3 ~ Willful Cruelty or Unjustified Punishment11165.4 ~ Unlawful Corporal Punishment or Injury11165.5 ~ Severe NeglectWhat are the statutes of limitations for California? Which ones are tolled if reporting to a Police Officer 1st instead of Child Protective Services? Are there any other laws that she might have broken? I believe that when reporting to the police certain statutes can be tolled. I am going to the city where these crimes have occurred tomorrow. I am bringing this up now because my ex-wife is trying to get more custody. I currently have majority physical custody, and we both reside in Nevada for more than 1 year.
is grabbing a childs shirt corporal punisnment even if child
is grabbing a childs shirt corporal punisnment even if child not hurt? if you prove they conflicting statements in a case is different would a case get thrown out or would it make case worst? i have a case with my boss and she collected statements but she twisted the truth. if i prove that she changed the story about statements and withheld statement that can help me would that make case worst make me win case. i have copys of statements.
My 9 year old son was at a kids night out at a gymnastics
My 9 year old son was at a kids' night out at a gymnastics facility (paid event) and was punished for breaking a rule (one he was not aware of and in fact, was given permission by another coach to bypass) by having to do 25 pushups. We live in Texas, is this considered corporal punishment? I only signed a waiver that was a four sentence paragraph (also the sign-in sheet) explaining that I gave permission for him to participate in physical activites i.e. jumping on trampolines, foam pits. Are they liable for any of this? My son cried throughout doing the pushups and called me to bring him home 1 1/2 hours early. Thanks so much.
The “Just Answer” answer to my question about where to file
The “Just Answer” answer to my question about where to file my appeal did not work. Per the answer given me, I filed my appeal with the U.S. Western District Court in San Antonio, TX which covers Kerr County, TX where the incident took place. I even sent them a check for the appeal fee. The clerk returned the check saying that I had no case with them to appeal, and that they did not know which court I should appeal to. They suggested I contact the Kerr County court to find out which federal court to appeal to. I did that and after two months have still not received an answer. I don't think the Kerr county court has any incentive whatsoever to help me file an appeal that could overturn a verdict coming from their court.Possibly I am not being clear about what happened to me, and what I can do about it. Let's put it another way so as to be more obvious. (I know this is going to sound ridiculous, but I'm just trying to make a similar point.) Taking the Lord's Supper is part of my religion. It basically consists of eating a small matzo cracker and drinking a little grape juice. Let's say that there was a Texas Law that said that one could eat matzo crackers and grape juice together as long as the portions were reasonably small, where “reasonable” was defined as what an average person of ordinary intelligence thought was reasonable. So I take the Lord's Supper, thinking I'm in compliance with the law, and somehow I am videotaped and then arrested because the police investigator thinks my portions were not reasonably small. Of course I ask the investigator and others in the legal profession what would have been acceptable for the Lord's Supper under the law, and all they can tell me is that why I did was unreasonable, and then restate the definition of “reasonable” to me. I go to trial, am convicted and serve prison time. I appeal the verdict at the state level until my state remedies are exhausted. I believe this law violates my U.S. Constitutional right of Freedom of Religion because the way it is constructed, although on the surface it appears to allow the eating of the Lord's Supper, in practice since the law is so vague, the only way that one can guarantee they don't go to prison in this regard is to never take the Lord's Supper. Thus the law has the effect of imposing upon my Freedom of Religion. If the law specifically stated that one could not eat 16 oz of matzo crackers and drink 16 oz of grape juice within a two-hour time period, that is something that I could wrap my mind around and ensure I don't break the law when I take of the Lord's Supper, thus my Freedom of Religion would not be imposed upon, even though there is a law effecting it.In a similar way, I believe the Texas Law regarding corporal punishment as applied to me violated my Constitutional rights. What does one do when a state makes a law that many believe is unconstitutional, and is actually putting people in jail with that law? Do I appeal directly to the U.S. Supreme Court? If not, what court? All I simply want to do is show the court the law, and ask them to rule on whether or not it is constitutional. If they rule it is, that's the end of the story. I don't need a bunch of witness or even the trial court proceedings in my opinion. I would hope in my example above, the court would rule that the fictitious law I wrote was unconstitutional simply based on a reading of the law. I think they would do the same regarding Texas' corporal punishment law if they had a chance to read it.So again, here is my basic question. What court, including its exact address, is the court I need to appeal to when I believe my constitutional rights have been violated, and I have exhausted all my state remedies? (What would you do in a similar situation?)Thank you,David Dill
I was convicted of a felony in 01/2010 in Kerr County, TX.
I was convicted of a felony in 01/2010 in Kerr County, TX. I appealed the verdict based on violations of the U.S. Constitution. I lost my first appeal. My PDR to the TX court of criminal appeals was rejected. My lawyer told me that I've exhausted my state remedies and my next appeal would be at the Federal level, but he does not do federal work. I cannot afford $400/hr for a federal appeals lawyer, so I'm going to try to file this thing myself. I've contacted several court clerks, and no one seems to know where I should file my appeal, including my lawyer. Can you help me determine where I should file?
Attorney and Counselor at Law
Doctor of Jurisprudence
I was visiting my girl friend who lives in Buffalo, NY last
I was visiting my girl friend who lives in Buffalo, NY last week and she has a daughter that is 10 years old and is diagnosted with a type of attention deficit disorder and she is on medication and seeing a care specialist and the child becomes very abusive and sometimes violent. While visting she had a episode and threatend to kill herself with a knife so I called the police but when they got here there were 8 patrol cars and a ambulance and every cop directed anger at me and my girl friend saying she's only 10 years old and you should be able to raise your own kid yourself, they didn't even talk to the child about what happened which gave a message to her that WE were wrong and she's right and then I got angry and told them you have a system that tells you not to hit or scold the child plus the childs Dr. said if she gets abusive to call the police and they said no, you are allowed to restrain and use physcial force to protect yourself. Sounds ok but do it and you'll get arrested which I almost was because I didn't accept their answer and was challenging their method so a cop said to my girl friend he better keep his mouth shut or we will arrest him, then they left and I was left feeling stupid and taken advantage of. Well, I needed to be heared because it still bothers me these cops were not being helpful at all. I can't put into words all the detail I should but if need be I will, you have a good idea about what happened, just need what is the right way to look at this if you can.
Attorney At Law
Doctor of Law w/ highest honors
I had talked to a police detective today about my dad. He was
I had talked to a police detective today about my dad. He was saying that I could be charged with misappropriation of funds and emotional abuse of a vunerable adult. What is a vunerable adult and what is the worst case scenario. This is in Minnesota.
My son was stopped twice by the same officer and arrested forView more criminal law questions
My son was stopped twice by the same officer and arrested for false misdemeanor charges. The first time he was stopped for driving a96 land rover that had factory installed tint and accused of having marijuana in the car which he didn't then they impounded the car with no evidence of any wrong doing. The second time he was the designated driver taking a classmate home from a campus party and was pulled over ordered to give a breathalyzer, which he refused. Upon refusal he was treated with excessive corporal punishment, by being beat and tazed by the officer for allegedly resisting arrest which he didn't do he was exercising his rights to remain silent and they continued to beat on him and taze him. He was taken to the precinct and when he wasn't given the opportunity to call a parent or attorney he was taken to the hospital because they claimed he was suicidal which he was not. He was charged with DUI, obstructing governmental admin, and resisting arrest. He was being totally cooperative. When he requested he belongings back they threatened he again. What is the best course of action. This is a good kid who is liked by everyone he encounters!