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Recent Plea Bargain Process questions

I had a deputy states attorney tell me if I contested an overweight

I had a deputy states attorney tell me if I contested an overweight citation.That she would then up the fine from $210 to $500 isnt that called coercion. and also cite me for failure to have a log book.Im a commercial truck driver.

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P. Simmons

Attorney

Doctoral Degree

38,324 satisfied customers
Hello all. I have a bit of a situation with the MVD that Im

Hello all. I have a bit of a situation with the MVD that I'm needing some assistance with. I have a limited license due to too many points on my record. When I got the license, I had the affidavit signed and filled out by my work. I was advised that this is sufficient for school or work purposes. A few days ago, I got pulled over for driving 60 in the 75 in the left hand lane and looking at my cell phone briefly. I explained to the officer that I was going in to study. On the back of my license, it says restriction school/employment. He ran it through NCIC and they only had an employment restriction on it. He cited me for careless driving and driving while suspended. I explained what I was told at the MVD. He told me that if I could produce some sort of paperwork proving that, he would dismiss the driving while suspended. I called the MVD, who advised me to get an affidavit signed by the school and have the restricition added on. I have the affidavit, I also have a date set for arraignment. I'm needing advice on how to proceed forward and what to expect. Thanks!

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Hammer O'Justice

Attorney

Juris Doctor

4,850 satisfied customers
My question involves "Possession" and what is considered to

My question involves "Possession" and what is considered to be "Possession" or "Transportation" and the difference between the two terms. If I have a newly purchased firearm in the trunk,NOT loaded,inside a zippered bag,inside a second zippered bag. Is that to be considered "Possession" or is it "Transportation" ?

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Dave Kennett

Doctoral Degree

21,102 satisfied customers
Hi Im wondering how much time someone could get for these

Hi I'm wondering how much time someone could get for these following charges? Someone stole from me and this is what they're booked for. I live in Louisiana and the amount stolen was over $1000.THEFT 14:67 11-00080258 13000.00 19TH JDC IDENTITY THEFT 14:67.16 11-00080258 0.00 19TH JDC THEFT/IDENTITY 14:67.16 11-00080258 0.00 19TH JDC FORGERY 14:72 11-00080258 0.00 19TH JDC POSS OF MARIJUANA 40:966D 11-00080258 0.00 19TH JDC

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Chris T., JD

Lawyer

Doctoral Degree

7,604 satisfied customers
My son just recieved a driving without headlights AND an appearence

My son just recieved a driving without headlights AND an appearence ticket for NYS penal code 221.05 ( pot pipe). Should he handle these items seperatly by pleading guilty to the traffic ticket and mail it in and then go to court with only the appearence ticket?

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JB Umphrey

Attorney & Counselor

Juris Doctor

12,922 satisfied customers
Given and accepting a Plea Offer, once brought in front of

Given and accepting a Plea Offer, once brought in front of the Judge with the DA and your attorney presenting the case. My question is can the Judge change the Plea base on the charges dropped, considering it to be to lenient?

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PlotinusLaw

Attorney at Law

Juris Doctor

512 satisfied customers
Young man that works for me in WV was young and stupid. He

Young man that works for me in WV was young and stupid. He got mixed up with a group of traveling driveway repair men. They were all arrested in MD, VA, and WV. His charges were dropped in MD and VA. He gave evidence against the schill persons. Part of his problem involved cashing checks for these guys. The start of WV charged him with 3 felonies and offered him a plea bargin that gave him 3 felonies and probation. He did not understand how much this would mess up his life and future. Even his probation officer states, these charges should have been dropped as in the other states. So here is the question: Is there any way he can have this revisited; reduced; anything?

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Justice4U

Attorney

Doctoral Degree

9,396 satisfied customers
1. The following three actions are required from the prosecution

1. The following three actions are required from the prosecution in a criminal case. Which of the following does NOT belong? If the case goes to trial, the prosecution must meet the burden of proof beyond a reasonable doubt. The prosecution must agree to any plea-bargaining deal initiated by the defense. The prosecution must treat the defendant fairly. The prosecution must respect the defendant's rights. 2. Though all federal offenses are prosecuted in federal court and all state offenses are prosecuted in state courts, federal courts have supervisory jurisdiction over one aspect of the state courts. Which aspect is this? The administration of criminal justice. The plea-bargaining process. The enforcement of the MPC or MPC-influenced state laws. The use of bench trials in capital cases. 3. After a prosecutor files charges against a suspect, a judge holds a ______ to determine whether probable cause exists. Trial First appearance Plea bargaining session Preliminary hearing 4. Which of the following is a formal definition of crime? Any act or omission that is forbidden by the law as a violation of the public interest. Any act that is worthy of strong community disapproval. Any act in which a person, location or object is the legal victim. Any act that is deeply wrong. 5. The _______ usually consists of a voluntary action. Omission Purpose Intent Actus Reus 6. Which of the following holds a person crimnally liable even when the consequence of his or her action is not what the actor actually intended? General Intent Specific Intent Mens Rea Transferred Intent 7. A(n) _____is "one that, if proved by a preponderance of the evidence," results in the acquittal of a defendant, although the prosecutor has proved the defendant's guilt beyond a reasonable doubt. Affirmative defense True defense Mens rea Actus reus 8. A defense is based upon a(n) _________when an actor has violated a criminal statute but there is a reason for not holding him or her personally accountable. Perfect defense True defense Excuse Justification 9. Which of the following is NOT a requirement for criminal liability? A criminal act A criminal mental state A crime victim Concurrence 10. Which distinguishes criminal law from all other law? Other types of law, such as civil law, seek to regulate acts that are contrary to the community interest of the social or government unit Criminal law seeks to regulate acts that are contrary to the community interest of the social or government unit Criminal Law seeks to influence and protect the public from obvious and egregious moral wrongs Other types of law, such as civil law, impose punishment for crimes committed. 11. Through criminal law enactments, _______regularly refine and redefine the criminal law Congress and state legislatures Congress and the U.S. Senate The U.S. and state senates The executive and judicial branches of federal government 12. Today, virtually all criminal law is ________; that is, crimes are defined by the legislatures of the states and the federal government Common Law Case Law Statutory Discretionary 13. Which of the following accurately describes the role of the common law in today's modern criminal justice system? In all jurisdictions, common law defines nearly all crimes covered in criminal law states Common law takes precedence over statutory law in many jurisdictions Common law is usually preferred since statutory law is overly vague In most jurisdictions, common law is a predecessor of today's modern statutory criminal law. 14. Which of the following is NOT an influence on modern day statutory law? Common law The Constitution Natural Law The Patriot Act 15. Criminal statutes may be unconstitutional for three of the following reasons. Which of the following is NOT one of these reasons? The law is contrary to common law and MPC. The way in which they are applied by government officials. The way in which they are enforced by government officials. The statute's written content. 16. Which of the following specifies the methods through which substantive criminal law is enforced? Procedural criminal law Common law Case law The Model Penal Code 17. The Sixth Amendment and the due process clauses of the Fifth and Fourteenth Amendments require that the law provide: Counsel to defendants Protection against cruel and unusual punishment Protection against unreasonable searches and seizures Right to bear arms 18. Inder the due process clause of the Fourteenth Amendment, criminal statutes must NOT possess three of the following characteristics. Which of the following is an acceptable characteristic of a criminal statute? Vagueness Ambiguity Severity Overbreadth 19. The substantive due process rights specifically enumerated within the Bill of Rights include three of the following. Which does NOT beling? The right to equal protection under the law The right to bring grievances against the government The right to bear arms Protection against cruel and unusual punishment.

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rvlaw

Judge

Juris Doctor

5,626 satisfied customers
We live in the Gold Coast and one of our dogs got out and

Hi we live in the Gold Coast and one of our dogs got out and attacked the neighbours dog out on the nature strip. This happened a week ago with the neighbour and the people two houses down witnessing it so the council animal management tell us today. We have refused to make a statement as we don't even know the true story but they also that there is video footage? Are we entitled to that footage and any statements that have been made against our dog? ThanksJA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: QldJA: Has anything been filed or reported?Customer: Yes and the council tell us that there is an investigation about a serious dog attack that was witnessed and would we like to make a statement which we declined until they are tell us more. Even weather it was our dog.JA: Anything else you want the lawyer to know before I connect you?Customer: No

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INFOLAWYER

Attorney

Juris Doctor.

42,964 satisfied customers
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