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Recent Probable Cause questions

There is an ongoing open case/investigation with the local

There is an ongoing open case/investigation with the local sheriff's department in California for going on 5 months now for a possible statutory rape. It was brought to their attention because the alleged perpetrator (30 at the time, now 31) and victim were discovered together by university police in a vehicle at the alleged victims college. She was 18 at the time and is now 19. University police sent in a report to the sheriff's department to have them investigate further. The sheriff's department conducted one interview with the alleged perpetrator about a month after they started their investigation but there has been no developments since. The two are still romantically involved and intent to be moving forward.As previously stated the alleged victim and her parents have no interest in pursuing charges. The alleged perpetrator's wife (soon to be ex wife) however does want there to be charges. She wants the husband to get into trouble and claims she will make a report with the sheriff's office but has yet to do so. She is using this situation as leverage to try and get full child custody, child support, etc.What power does the wife have in this situation in regards ***** ***** statutory rape investigation? Can she be enough to get charges brought? If there is no other evidence can her word be enough to potentially lead to conviction since it seems there would be no way to conclusively prove penetration?Since the investigation has no concrete date to potentially charge from would they by default push the beginning of the statute of limitations to the 21st birthday of the alleged victim?If the alleged perpetrator and victim move in with each other does this change anything? Marriage of the two change anything? If they move to a neighboring state would that affect the clock on the statute of limitations?Anything else that one should consider in this scenario?

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Loren

Juris Doctor

40,390 satisfied customers
Do a prosecutor have the legal right to file charges if

do a prosecutor have the legal right to file charges if there weren't any formal filed by victim or victims parentsJA: Since laws vary from place to place, what state is this in? And just to clarify, have charges been officially filed?Customer: new jerseyJA: Has anything been filed or reported?Customer: its been report by dyfs but not the parentsJA: Anything else you want the lawyer to know before I connect you?Customer: we were seeking therapeutic help not prosecution

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ScottyMacEsq

Doctoral Degree

23,786 satisfied customers
A former coworker left her terrier mix dog in my care on

A former coworker left her ***** ***** terrier mix dog in my care on 11/11/2016 as an indefinite foster because she was not able to give him the time and care he needed. She didn't even bother giving him a bath and his white hair was practically grey! She said if I ever needed anything, money or food, to let her know. I asked for proof of vaccination because his tag was dated 2014 and despite several reminders never received. At the time he had near bald spots on his body from scratching and she promised to bring flea meds but also never did. I work from home and soon realized his scratching was from anxiety. I would take him for long walks and redirect him with a bone when he did scratch so now he doesn't do it at all and his hair has grown back. He has separation anxiety which I have also addressed. I have 2 other dogs and with all this dog needs it's a bit too much. But when I reached out to his original owner she demanded his return. She left work and came to my home with the police last week, 01/11/2017. The officer was kind, knew I cared but stated that she can prove ownership, proof that she purchased him from the pound 3yrs ago but has no current vet/rabies records, and could have me arrested for theft. He received a more urgent call and needed to leave so the dog remains in my care. I spoke with him yesterday and he stated that she did file a report and will petition for my arrest. I do not have the resources to hire an attorney for trial. I told the officer I would return the dog. After much discussion he stated he would call her to let her know but also that she will need to have an officer present. He is concerned for my welfare and has become my advocate. That was yesterday. Can she still file to have me arrested or because I spoke with the officer and am willing to return the dog to be done with the situation am I protected? She is still not able to provide him the care he needs but if she is vindictive enough to have someone arrested because they want what's best for the dog I'm afraid of what she will do next. What are my options at this time?

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Loren

Juris Doctor

40,390 satisfied customers
I have a question regarding a criminal law on no contact

I have a question regarding a criminal law on no contact orders in NJ, as it relates to the protocol /procedures of a prosecution attorney.

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Zoey_ JD

Doctoral Degree

31,536 satisfied customers
How will the Austin mm police department look for me to take

How long will the Austin mm police department look for me to take me to jail on a alleged 5 th degree assault with a stun gun before just mailing a citationJA: I'm trying to find the right Criminal Lawyer for you right now. As soon as they are ready, I will let you know.Customer: OkJA: Since laws vary from place to place, what state is this in? And when did this happen?Customer: MinnesotaJA: Have you talked to a lawyer yet?Customer: No I haven't and it was yesterday around 11 amJA: Anything else you want the lawyer to know before I connect you?Customer: She lunged at me and I was afraid for my self

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Zoey_ JD

Doctoral Degree

31,536 satisfied customers
How do I press criminal charges against my landlord? He

How do I press criminal charges against my landlord? He entered my house illegally and stole the leases out of my file cabinet, then created a brand new lease with just the last page and none of my initials on the other pages.I filed a civil suit against him, but can I do anything about this other than file a police report? (Mostly to help my civil case, really.)

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Loren

Juris Doctor

40,390 satisfied customers
I had a question for Mr. Asad Rahman and I was very pleased

Hello - I had a question for Mr. Asad Rahman and I was very pleased with his help. I am now asking for someone to evaluate my discussion with Mr. Rahman from a criminal perspective. The Detective who called and left a message on my cell phone I transcribed it exactly. I also typed out my entire recollection of the conversation when I called the Detective back. In the conversation which ensued, I recalled his accusation that I had BREACHED MY CONTRACT with my client. I attempted to explain the way the billing system works but he did not want to listen and was extremely accusatory like the regular Police Office the day before. The client had contacted them between 12/30/2016 and January 5, 2017 but both Officers said that their investigation convinces them to threaten me and my company with Identity Theft and Larceny. They are crazy and even Mr. Rahman agrees that it seems like they are friends with the School Owner client of mine. They were NOT interested in hearing any explanation even though their messages indicated that they wanted my cooperation. The Detective who could not get what he wanted threatened to simply send this to the Financial Crimes Unit in my State and I said that was fine because I was sure they would LISTEN unlike him and his friend the other Officer.Anyway, if a criminal Attorney could review the previous conversation with Mr. Rahman and myself, that would save us from starting over. Thanks so much.

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Zoey_ JD

Doctoral Degree

31,536 satisfied customers
We were having a family meeting and my oldest sister was

We were having a family meeting and my oldest sister was very agitated and angry, standing up, siting down and interrupting everyone. My husband kept asking her to be quite so I could speak, she lunged at him, got in his face and yelled F*** You! He put his hands up and blocked her, as he stood to get her away from him he wrapped his hands around her throat (but not chocking her) and pushing her away where I pulled the two apart and she threatened to press charges. I told her it would be the last thing she would do, meaning, last thing she would ever do with us, or me or the family, not a death threat, just a "you will be gone form my life" statement. No one was right here, but my sister was the aggressor, if she "pressed charges" what would be the results?

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Zoey_ JD

Doctoral Degree

31,536 satisfied customers
What action can I take against persons using hypnosis

What action can I take against persons using hypnosis psychic ability as a hate crimeJA: In what state did this occur?Customer: ArizonaJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: They are still doing it they do not want me to go to any law enforcement so they terrorize me. I was going to try CBS 5 on your side

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Zoey_ JD

Doctoral Degree

31,536 satisfied customers
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