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Recent Preliminary Hearing questions

What's the chance to get felony charge dropped at

What's the chance to get felony charge dropped at preliminary hearing for DV case in CA?DA has doctor note and pictures of injury and broken furnitures.

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LawTalk

Attorney at Law

Juris Doctor

35,884 satisfied customers
How long can a person sit in jail without a bond hearing?

How long can a person sit in jail without knowing anything about his case?I am in South Carolina.He has a public defender.The case deals with his daughter.

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Colleen Grady

Assistant Principal

Juris Doctor

1,050 satisfied customers
My 45 year old brother who has a mind of an 8 year old.

My 45 year old brother who has a mind of an 8 year old. Pitched a fit because of a reaction to a bad med he was put on. Police were called. They too him down. So while face down an off duty policeman came over ( neighbor) and put his knee in the back of his head while facedown and he couldn't breathe and panicked and started kicking and accidentally kicked one of the on duty policemen (there was2) so he got charged with assault on a policeman. In the preliminary hearing both on duty officers testified without mentioning the off duty police officer coming up. The officer that got kicked testified that he didn't get hurt no cut no bruise no mark but wise county Virginia DA still charged him. They sent him to a regular jail for 6 months. As I have found out there is nothing I can do about it and his attorney did not help at all. My question is how much of the sentence does he have to serve. I also wonder is there anyway I can as for him to be put in a mental facility considering he is intellectually disabled?JA: Since laws vary from place to place, what state is this in? And when did this happen?Customer: Virginia and it happened feb 2016. He was taken into custody after sentencing October 11 2016. My mom passed in July and he had to move in ith me. I am in Georgia and he is all the way back up in VirginiaJA: Has anything been filed or reported?Customer: On what? The off duty policeman? I asked for an investigation and a police report because he was never mentioned. They then sent me a police report stating the off duty policeman helped and the struggle ensued indicateing that the office was kicked while he was up. But I got the court transcript where the 2 officers describe everything with them 2 taking him down and the kick happened face downJA: Anything else you want the lawyer to know before I connect you?Customer: No I realize that Virginia will look after its own and there is nothing I can do about the off duty officer using more force than needed or even showing up when not needed

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Zoey_ JD

Doctoral Degree

32,296 satisfied customers
Restraining order: If the restrained person is working at a

restraining order:If the restrained person is working at a place, will he get arrested if I arrive?The restrained person is asking to revise the restraining order so he can be on the stage doing performance with me or being in the same club. He's a string player, he makes living by playing string.But I don't want to. So far I'm not going to most of the places he works. The restraining order is not affecting his job. I only go to one club that he used to work there. The club is not hiring him now but they did not explicitly say why.I'm afraid that court will reduce the restrains to allow him to be at the same club or same performance with me. I feel thrilled every time thinking of what had happened.How can I convince the court not to take out the restrain?

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Colleen Grady

Assistant Principal

Juris Doctor

1,050 satisfied customers
I have been charged with 2 misdemeanor cases in Alabama. I

I have been charged with 2 misdemeanor cases in Alabama. I am a North Carolina resident. Both misdemeanors are Class C misdemeanors. My preliminary hearing is today at 3:00 pm central time, where I was told the judge would ask me if I wanted a court appointed attorney. I live on disability and would qualify. Sentencing could be no more than 3 months in the county jail with accompanying fines and probation. Would you suggest that I ask for a court-appointed attorney. I can not afford to hire a defense attorney.JA: What state is this in? And can you tell me a little more about the charge?Customer: Alabama. The first was a DUI and the second was a weapons charge as a result of transporting from California to North Carolina (moved from one state to the other). I was in a parking lot at the time of arrest, calling my daughter to come and pick me up. I asked the arresting officer if my daughter could come and pick me up because I knew I was impaired, and he refused. My handgun was not concealed, but I made the obvious mistake of not unloading it before I set out on the move from CA to NC.JA: Has anything been filed or reported?Customer: Both cases have been filed in a municipal court in Alabama.JA: Anything else you want the lawyer to know before I connect you?Customer: I've never been through this, but I don't think so.

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CrimDefense

Juris Doctor

33,912 satisfied customers
I am a Korean-American, male, 33 years old, no criminal

Greetings, I am a Korean-American, male, 33 years old, no criminal history, come from middle-class family, my father is a physician. I got pulled over for speeding outside my home state of CA where I have a Medical MJ recommendation to carry/use pot. They found pot in the car. I was not high. I didn't have my Medical MJ card because I was mugged at gunpoint earlier this year. Replacing it requires that I appear in CA. Court date is Oct **th in Arizona. I'm in St Louis on a brand new job. Do I need to show in AZ for that court date?

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Nisha Jones, Esq.

Juris Doctorate

894 satisfied customers
I'm being charged with a felony forged documents and

I'm being charged with a felony forged documents and burglary of a bank for trying to cash or deposit a check into my bank account that I didn't know was bad. I have a housecleaning business that I advertise on Craigslist and was hired to clean a house and possibly others in a city about an hour away from where I reside, this is not unusual in this business. The person was going to put the money in my account but when I met them they gave me a check for over the amount and said there would be more work to come as to why. I went to a wellsfargo bank, who I bank with and asked to cash or deposit but didn't know if cashing was even an option since my account was upgrading from opportunity banking (can't cash have to wait for next day deposit) to a regular account (where you can same day cash checks). I was arrested IN THE BANK and released on OR the next day. I spoke with my local branch and they said this was very unusual and if the manager of that bank had me arrested why was my account even still open? They said I had given out too much personal info with my online banking info I provided the person who gave me the check and they could access my funds and clean my a count out so closed that account under lost or stolen and opened up a new one as well as I was still upgraded in my banking account as mentioned before. My public defender is not helping at all and I'm scheduled for a trial in a few weeks! I'm a single mother of three children with NO family to help so my kids would end up in foster care if something happened to me. To top it off were staying in a domestic violence shelter on top of everything else. And I forgot to mention but I tried contacting the person that "hired me" but it was a google number or something like that that was no longer working.

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Zoey_ JD

Doctoral Degree

32,296 satisfied customers
Hired a lawyer in PA and paid the retainer for a preliminary

Hired a lawyer in PA and paid the retainer for a preliminary hearing. Ended up the case being dropped and never head the hearing. I paid the non nonrefundable retainer for a hearing that never happen. Now of course he did research on the case and filed one motion but never did anything else. I was told that I am suppose to get whats left over since we never went to the hearing.Is this true or am I out of luck since it was non-refundable.

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Nisha Jones, Esq.

Juris Doctorate

894 satisfied customers
I was Tooken into police custody for check fraud but was

I was Tooken into police custody for check fraud but was never Tooken to jail and released after ten minutes can I leave the state

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RobertJDFL

Attorney

Juris Doctorate

13,824 satisfied customers
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