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My son has been charged with 2 counts of burglary (day), 1
My son has been charged with 2 counts of burglary (day), 1 count of grand larceny and petit larceny. He has been in county jail for 100 days and his court appointed attorney has presented a plea for 2 years. This is in SC. Does this plea seem fair or are there other things we can ask of the attorney or we can do? He has never had any federal charges prior.JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: NoJA: Please tell me everything you can about this issue so the Lawyer can help you best. Is there anything else the Lawyer should be aware of?Customer: Garrett, my son was addicted to xanex and has gone to rehab since in jail. He gave back the items he still had to the victim. He's not been in any trouble in jail.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
I've already succeeded in dismissing the underlying Criminal
I've already succeeded in dismissing the underlying Criminal Court charges on two counts of grand larceny, but there's a sealed indictment on bail jump in the Supreme Court that I'm not sure if any application might be made to dismiss, under any theory.Facts: Defendant was charged with two counts of grand larceny back in 2002, was arraigned, and thereupon jumped bail. He fled to Trinidad. Family came to me in July 2014 and informed me that pursuant to CariCom (Caribbean Community)Treaty with U.S., Defendant cannot be issued a visa to leave country if there is an outstanding warrant on him - absent the warrant being made extraditable. In essence, a prisoner in his own country forever. In discussion with DA I only made known that the Defendant was in Trinidad but offered no specific address at the time. DA offered that if Defendant came up to U.S. and pled guilty to lesser misdemeanor on the grand larcenies, and that he'd also plead guilty to the felony bail jump, he'd get time served (the couple of days he'd be in process when he returned to U.S.) Thereupon, the warrants would be vacated, and the case would be closed.But, (A) Defendant couldn't leave Trinidad, and (B) A second ADA who I was referred to, who was in charge of making warrants extraditable, expressed the DA's office would not spend time and resource to make the warrant extraditable. After six months, I filed 30/30 in Criminal Court under the assigned docket number citing 1) time chargeable to People since 6 months before when I told them he was in Trinidad, and 2) DA's not having exercised due diligence in making any inquiry whatever into Defendant's whereabouts after I had informed them he was in Trinidad. DA did not oppose, Judge granted it, dismissed and sealed.But, the warrant on the sealed indictment for bail jumping was still outstanding in Supreme Criminal Term. In discussion with the supervisory ADA in the Supreme Criminal Term, I stated the facts and asked - in light of the underlying charges having been dismissed - if the People might vacate the warrant and dismiss the sealed indictment, or alternatively, make the same offer concerning the bail jump as the Criminal Court had, i.e. plead guilty to bail jump, time served and warrant vacated. The ADA expressed that if the underlying charges were dismissed he's put it on the calendar; expressed that I need not come back to Court; and that he'd "take care of it" and notify me. Subsequently, I got an email from him referring me to the same ADA (same guy who did not make the underlying grand larceny warrant extraditable) and who expressed that they would make arrangements for a limited use visa for Defendant to surrender on the warrant. (I think they might have gotten egg on their face because they didn't make the warrant extraditable the first time and my 30/30 motion to dismiss was granted.)Question: Even if the DA would make the same offer as the Criminal Court (i.e. plead guilty to felony bail jump, sentence time served) is there any theory under law, before he voluntarily surrendered, that I might invoke that would support a dismissal of the sealed indictment? Under CPL 210 there are ample grounds for moving to dismiss indictments, but not sealed ones as far as I can see. Is there a difference? Does the fact that the DA's office knew of the Defendant's whereabouts, as they had in Criminal Court, in some way find them, in Supreme Criminal Term, subject to 30/30? Am I precluded from any motion because the Defendant was never arraigned on the sealed indictment, and thus no time could be made chargeable to the People? Any views?
I was arrested in Michigan Warrant out of Hunt County
I was arrested in Michigan for a Warrant out of Hunt County Texas for grand larceny. I posted a $10,000 bail in Michigan and was released I have a fugitive hearing on April 25th I came back to texas today and found out there is no warrant anymore that when I posted bond in MI that cleared the warrant. I want to do what ever it takes to keep from being extradited back I want to come back on my own. Please note that there hasnt been a inditement.JA: My brothers got into lots of trouble with the law when they were young. The Criminal Lawyer will know how to get you the best outcome. Have you consulted a lawyer yet?Customer: Yes and noJA: What advice did they give you?Customer: That we needed to work something out with texas the DA said in MichiganJA: Is there anything else important you think the Criminal Lawyer should know?Customer: noJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
I was charged and plead guilty to felony charges in the late
I was charged and plead guilty to felony charges in the late 80s who can if at all restore my rights to bear arms? I now live in nj and have lived here for more than 15 years and have been in no trouble since early 90s which was also in tenn. And those charges were from the same time as the 80s charges
I dont know if you can assist me or point me in the right direction.
i dont know if you can assist me or point me in the right direction. I had lived with someone much younger than myself and he had been taking money out of my accounts without permission to the tune of approximately $20,000, He had a former grand larceny conviction in Miami, Florida approximately 10 years ago. I also have texts that he owes someone else $31,000. He has many ids in different names, and credit cards in different names. He uses his father's identity- which he states his father says it is ok (his father is a pizza delivery man in Miami) There are NO credit cards in his name - only his father's. I also have witness and texts in attesting to this information. I had to change my debit cards many times, and my personal checking account a couple of times. He lived with me rent free. I am 62, and feel he abused me financially
I'm a state witness crime against me. I
I'm a state witness for Oklahoma for a crime against me. I have known the defendant for over 2 years. His wife is in prison for stealing my car and cards but they have another court date set. His lawyer wants me to write to the DA and tell him that no crime happened against me and that I'm having mental and emotional problems and I won't be there for court. They sent a subpoena to my moms place because I work as a travel nurse. Right now I'm working in Kentucky. Can the defense attorney ask me to do that? What happens to me if I say there was no crime against me and I make myself sound crazy? Can they sue me if it does get dismissed because they both have served jail time? She got prison time in another county for stealing my car and she had admitted to everything She has done to me that night. I want to help my friend because he said he was drugged up and doesn't remember that night.JA: My brothers got into lots of trouble with the law when they were young. The Criminal Lawyer will know how to get you the best outcome. Have you consulted a lawyer yet?Customer: I'm the victim of the crime. She came at me with a knife, made me take drugs, searched me. When I was passed out from the drugs she cut my hair and stole my car. He was in the room when it happened.JA: Is there anything else important you think the Criminal Lawyer should know?Customer: I'm just wanting to know what happens to me if I say no crime happened to me when it did?JA: Our top Criminal Lawyer is ready to take your case. Just pay the $5 fully refundable deposit and I'll fill the Criminal Lawyer in on everything we've discussed. You can go back and forth with the Criminal Lawyer until you're 100% satisfied. We guarantee it.
I got my passport in 2011, went in and out of the country on
I got my passport in 2011, went in and out of the country on travel and holidays, dealing with US Customs and boarder patrol. It wasn't til 2012 that I got stopped coming back from CAN via car and arrested on a warrant. Turns out I was held for 24 hours in jail, on a non extraditionable warrant in NY. After this experience I was told the warrant does not exist and released. But every time I go out of country, I never have an issue leaving, just coming back in- I get detained and then released. This has happened in Texas, CA and Philidelphia. This has happened every year since 2012. This last time, I was told I had a non extradition warrant in VA and have had it since 2010. I never was charged for anything yet the officer told me it was for larceny. I have never gone to court and been charged for anything etc. I do not know what is going on. I need to update my passport and am wondering if I am going to have issues since I have a warrant for something I haven't even been accused of formally, in front of a Judge and court. How could I have gotten a passport to begin with? I am currently in the process of figuring all of this out and getting it taken care of. But, am I going to have issues updating my passport even tho I can leave the country anytime I want and was issued one?
What is the best way to negotiate a reduction of chargeView more criminal law questions
what is the best way to negotiate a reduction of charge for a felony to a misdemeanor? charged with grand larceny over $2000 which is a low grade felony in SC. my son has this issue and it's stopping him from going back to school and continuing his outpatientdrug program