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Recent Probable Cause questions
I was horribly abused last night by a police officer.
i was horribly abused last night by a police officer. girlfriend called for help. upon arrival police present. her husband died and stepchildren tried to throw her out of her home. i went in home to say goodbye and wife and son were present. i said calmly, you know this is not the time or place to settle money issues. that is what attorneys are for. Son became verbally abusive screaming profanity at me as i walked out of house. told officer exactly what i said, he threw handcuffs on me and put me in jail. I was horrified as i am a upstanding , educated citizen and i am not abusive in any way. Do I have any recourse?JA: OK. To minimize me, please click the down arrow at the top right corner of this box.Customer: Hello, are you there?JA: No. I'm the Criminal Lawyer's Assistant.Customer: Who must I ask?JA: Since laws vary from place to place, what state is this in? And when did this happen?Customer: SC last evening.JA: Have you talked to a lawyer yet?Customer: No, I was not sure anything could be done.JA: Anything else you think the lawyer should know?Customer: T I have never been arrested for anything in my life. The handcuffs were hurting me and left deep indentations in my wrists.
I had inquired about an escort ad and had said I was looking
i had inquired about an escort ad and had said I was looking for something adventurous, that was basically it. The ad responded back via text that they were an undercover sting agent from a local police department and said it would be wise to delete their number. then they proceeded to tell me that I had idea how easy it would be to find out my text and all my information with their sophisticated technology. And said they get a thrill from doing the sting operations but it makes them sad when they have to bust people who are good peopleJA: Since laws vary from place to place, what state is this in? And when did this happen?Customer: Virginia and last nightJA: Have you talked to a lawyer yet?Customer: no I have not. I had told the officer that I was incredibly sorry and was not looking to wreck my life for something stupid. They had not contacted me sinceJA: Anything else you think the lawyer should know?Customer: I just want to know that Im ok
I surfed the internet, Craig List woman, not really sex, one
I surfed the internet, Craig List for adds woman for men, not really for real sex, one add called my attention, she wants some help for the rent. I met her on the street and I told her that I am not interested in sex, she tried to rob me with a knife, I was still in my car, happened just seconds after I met her. Was able to call the police and while she ried to take my phone, I was able to take the knife out of her hands and with the police on the phone she ran away. I presented charges for robery and murder intent. Emails from her are explicit indicating that she needs money for the rent. Police indicated that if I don't present charges, they will prosecute me for something like prostitute solicitation. I never engaged in this activity with this woman. Do I am protected under the fifth (already gave the police her phone number and the knife she used). Do I need a lawyer immediately or I need to wait to see if the police finds her and I need to testify.
If the state has no probable cause and they drop the charges
If the state has no probable cause and they drop the charges but the feds pick it up and change the charges and your lawyer is selling g you out , but there is no more money for another attorney what do you do. It's alot more to the story
Elements of resisting arrest, pa, June, Just a quandary a,
Elements of resisting arrestJA: Since laws vary from place to place, what state is this in? And when did this happen?Customer: pa, JuneJA: Have you talked to a lawyer yet?Customer: Just a quandary aJA: Anything else you think the lawyer should know?Customer: Sorry my typing stinks...just asked few questionsJA: 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.
At around 8pm on Friday July 1, 2016, I met with my friend
At around 8pm on Friday July 1, 2016, I met with my friend in a parking lot in Brighton CO, near where my friend resides, in order to loan her money, $700.00 cash, to help her with expenses while she is recovering from an injury and unable to work. She will be starting a new contract as a traveling surgical tech next week and will be able to pay me back after a few weeks. I parked next to her car and moved to the passenger side of her vehicle. We spoke for a few minutes and then I gave her a paper bank envelope containing cash, which we counted then she put the envelope away out of sight somewhere.Shortly after that, two Brighton police officers showed up and contacted us claiming they had a report of suspicious activity. At that time we were simply engaged in a casual conversation and doing nothing particularly suspicious or knowingly unlawful. The police officers spoke to us for several minutes and asked for identification and car information from my friend and took down my name, address and phone number. At no time did they make any allegations of us doing anything wrong or indicate that there was anything about which they were suspicious.After perhaps half an hour, presumably after confirming neither of us had any warrants we were told we were free to leave but one officer asked if he could search our vehicles. Although neither of us believed we had anything to hide we both politely declined and asked if we could leave and then did so immediately when the officer agreed.Although a little disturbed by the encounter due being told we were suspicious people neither my friend nor I thought much of the incident and figured it would make for a funny story later.However, this morning, Saturday July 2, 2016, things became less funny when my friend was stopped on her way to the bank for allegedly speeding by one of the officers from the previous evening. The officer saw the money and took it from her saying that he knew the money came from soliciting prostitution and she would not be able to get the money back unless she could prove it was hers and came from her account. She was not issued a ticket for any traffic violation or given ant report number or any form of receipt for the cash.My friend is an attractive well-built blonde woman who, on Friday happened to be well dressed and made up having gone out to a nice family dinner just prior to our meeting. We both work as surgical techs and have known each other professionally and as friends for many years. We are concerned that the money was improperly taken and that the department might try to investigate us for soliciting prostitution. I have text message records showing that she agreed to provide a post-dated check for the loan but at the time we met we decided that she could just pay me back in about a month or so after her new contract. We are not sure what to do. We do not have any of the names of the officers involve but would recognize all of them. Any advice would be welcome.Thanks.
DUI charge 1st appearance July 5. Summary suspension.
DUI charge 1st appearance July 5. Summary suspension for refusal. Arrested for bogus aggravated fleeing (wasn't aware of pursuit) yet to file felony charge. DUI basis was 2 hydrocodone pills found in backpack from no consent search. States Attorney on vacation and day of 1st appearance is his first day back. My lawyer is not available until next week only 8 days from arrest to 1st appearance. Question is if basis for arrest has not been charged can a motion to drop DUI due to lack of probable cause be filed and granted on first appearance even though felony charge may be filed afterwards?
My roomate and i were in kentucky. we went to a store to buyView more criminal law questions
hi, my roomate and i were in kentucky. we went to a store to buy a couple stuff...my roomate went first inside and got his stuff while i was outside on the phone, and when he came back out of the store, i ended up my phone conversation and went inside to buy a couple things. i went inside got the things i wanted to buy, came back to the car, dropped the items, and i was going to walk back inside the store to use the bathroom. As soon as i reach the store doors, we were stop by police officers and the store lost and prevention people. The police officer said he was called by the store security people and they told him me and my roomate were acting suspiciously, buying things and coming in and out of the store. I told the police officer i had no idea what he was talking about, but he was insisting on saying we had fraudulent credit cards. After a couple of minute of talks, i handed to him my credit card and my debit card. He went to his car, talked on the phone and came back saying that this was not the credit cards he wanted, and that i had to give him the allegedly fraudulent credit cards that we used in the store. Because we had already thrown away the receipts, i told him i don't know which cards he was talking about. The police officer then insisted that i gave him everything that i had in my wallet (including business cards, and all...everything..)..i was a little bit resistant, but being scared i obeyed him and gave him everything inside my wallet. He also went to my roomate and also ask him to give him his wallet also. After more than an hour of wait outside, the police officer arrested us and charged us with 3 different felonies: 1) false making/embossing of credit cards..2) trafficking in financial information...and 3) criminal possession of forged instrument-2nd degree......Now i want to file a motion to suppress evidence based on illegal search and seizure based on the fourth amendment because i did not (nor my roomate) consent to a search and no warrant was provided to search our personal belongings (wallets). I believe we had a right to a certain privacy protected by the law , and no probable cause was involved. ...just wanted to have an expert opinion first. thanks.
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