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Recent Probable Cause questions

This may be a question about splitting hairs, but I would

This may be a question about splitting hairs, but I would appreciate a thorough response. Harassment is a crime in the state of Maryland. So is stalking. A peace order (restraining order in other states) can be issued to a person accused of stalking or harassing someone. When a peace order is issued, the respondent is ordered to refrain from activities such as harassment and stalking. As it is a civil procedure, having a peace order issued is not the same as a criminal conviction, such as being convicted of harassment or stalking. In the interest of defining a truthful description of a person who was under a peace order, is it accurate to define that person as an "adjudicated stalker and/or harasser" or is that a false statement since the respondent was never convicted or "adjudicated" for the crimes of stalking or harassment. Thanks.

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Legal-Kal

Attorney

J.D.

1,062 satisfied customers
If police take my phone as evidence, how do I get it back?

Hi,Can I know if the police take my phone as evidence, how can I get it back? I was just released after the 72 hours.This is in the state of CA. I got arrested on last Friday night and I haven't talked to a lawyer yet.Also, can I change cell phone carriers during the time they are having my phone?

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Zoey_ JD

Doctoral Degree

29,564 satisfied customers
My son received citation for Purch Etc Alcoh Bev By A Minor

My 19 year old son received a citation for "Purch Etc Alcoh Bev By A Minor". They were on a basketball court playing ball after dark and the police stopped and came up to them and asked if they were drinking and gave them breathalizer tests. They were not told they would be getting citations but one just came in the mail. It says "Fine to be set". Should I have him plead guilty or not guilty? Will he have to report this on job applications as a criminal offence? And will his license be suspended?This happened in PA and on 9/17.I told him just to sign the citation as guilty but now I'm having second thoughts.

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Nisha Jones, Esq.

Juris Doctorate

420 satisfied customers
I just texted an old friend who I guess had something out

I just texted an old friend who I guess had something out against me. I don't know what. But she said because I contacted her that if I visited GA (where she lives; I live in CA) that I would have a warrant for my arrest. I'm just trying to find information as to what type I guess and if there's a way I can clear it. I have no intentions of ever seeing her, however I do have a bunch of other friends there.JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?Customer: GA I'm not sure when it was issued but I think recently.JA: Have you talked to a laywer yet?Customer: No.JA: Anything else you want the lawyer to know before I connect you?Customer: No.

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P. Simmons

Attorney

Doctoral Degree

35,712 satisfied customers
I am a Colorado resident who got a ticket for possession of

I am a Colorado resident who got a ticket for possession of Marijuana in Wyoming. I got pulled over for speeding at 2am with my kids in the car. The cop said he had probable cause to search my car because he smelled pot, asked if I had anything. Because my kids were with me I told him I did and turned it over. It was in a suitcase, in my trunk, in a Tupperware in a baggie. No one knew I had it and I brought it on the trip for help with sleep since I would be driving 8 hours. I have never been in trouble before with the law, only use occasionally for sleep and I am terrified now and don't know what to expect. I have to be in Laramie WY on Monday at 9am. Any advice would be extremely helpful.JA: Because traffic laws vary from place to place, can you tell me what state this is in?Customer: WyomingJA: Has anything been filed or reported?Customer: I did get a summonsJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Dwayne B.

Juris Doctor

35,784 satisfied customers
I was arrested 2 months ago for 273.5 or 273.5(a:PC),

I was arrested 2 months ago for 273.5 or 273.5(a:PC), corporal injury of spouse. I was given an arraignment date. I was bonded out for $50,000. I went to court 2 days before the arraignment because I was scheduled for surgery on the same day. The clerk ran a check on me but nothing came up. I was never given a case number. I received a letter from the clerk of the court. It stated in short that the District Atty has not filed a new case against me. I don't know why I was arrested. My wife did not want to press charges against me. But I was arrested. It's now been over 2 months. I don't know what to do. My wife has talked to the detective about my case and he said it would probably be dropped. My wife cannot even get a police report because its still an open case. What should I do?

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D Downs-Vollbracht

Partner

Juris Doctorate

16 satisfied customers
I put money in privately owned atm machines throughout

i put money in privately owned atm machines throughout western pa. i carry a firearm needless to say and i have a carry permit for it. pittsburgh local news claims it is against the law to carry a firearm "on school property" even with a gun permit. there are atm machines in schools, and at any point anyone could end up on school property without even knowing it while trying to find new atm locations. i'm perfectly fine with leaving my firearm in my car when i have to enter school type locations, but the way the news said it, they are saying the law says the firearm is not allowed on the property period. so if my firearm is in my car, and my car is on school property, how am i supposed to do my job is what i'm trying to find out. i do have a location where there is one of our atm's in a pre-school area, it's a sports center/pre-school. i mean, there are tons of places that are called schools. is the law saying i have to randomly park my car somewhere else (god knows how far from the school) and walk..? your answer has to be crystal clear regarding my question, because i have to be crystal clear on the issue at hand. i mean if i get a flat tire and pull off on school property to change the tire, am i committing a felony..?regards,keith

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Christopher B, Esq.

Attorney

Juris Doctor

5,356 satisfied customers
Hypothetically, I was arrested for shoplifting as I left a

Hypothetically, I was arrested for shoplifting as I left a well-known national low budge department store. The police were outside the door.Oddly enough, no on accused me of stealing during my shopping on that day, but the loss prevention officers declared they recognized me from tapes stealing months ago, and stealing a lot.I was told by the officers that they went and looked at footage of me during the ten minutes I Waited in the squad car. I believed they saw something on video, but what? I've read a loss prevention guys web site and everything he states about his job should have prohibited my arrest. If I were in a professional shop lifting ring, maybe I would be arrested without stealing on the day. However I'm not.This giant chain of course is pressing charges, but the discovery given to my attorney had no video. It exists, the chain, or the DA says, but it's been two months since the discovery was given to my attorney and the video which damns me has not been handed over. Supposedly this chain has it handy and can attach it to email. Yet it's nowhere.I've had to retain a very expensive attorney and pay 2 months salary in bail. Let's say $50,000 out of pocket. Attorneys always ask for more money "if it goes to trial "Well, how can he get it dropped if this damning evidence is withheld until the last minute? I'll have to pay another huge fee because of this.What will the judge do to them for withholding it?What should my Atty do to show I'm being prosecuted on evidence they won't show us or the court?And since the DA prosecuted, i.e., charged me, and I say they charge anyone with everything they can until they are stopped, they don't investigate or even ponder if they gave the evidence to convict; since the charges were brought, can I sue this chain for arresting me? Immunity from prosecutorial misconduct is the biggest destroyer of American people excepting drugs. I've had to spend $200,000 in 4 years to defend myself against charges that were in every case, dropped. No trials; just pointed out to the DA that they had no case. In my city, they rely on poverty to put people in jail. People can't afford to fight the charges so a plea bargain is the answer.What can I do to the chain?What ought my lawyer be doing about this withheld discovery? How can the judge allow this email -able discovery to be withheld a day, let alone 2 months?

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Hammer O'Justice

Attorney

Juris Doctor

4,636 satisfied customers
Are text messages sufficient evidence to prove that sex

are text messages sufficient evidence to prove that sex happened between a minor and an adult?JA: What state is this in? And can you tell me a little more about the charge?Customer: the state is Idaho. The charge is called statutory rape right?JA: Have you talked to a laywer yet?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Zoey_ JD

Doctoral Degree

29,564 satisfied customers
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