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Recent criminal law questions

Had nothing to do with attorney me not getting my hearing.

Had nothing to do with attorney me not getting my hearing. Everything to do with judge. I asked lawyer the day before court why didn't he just "argue an illegal warrant" He told me that, "the judge isn't going to overrule herself" and I'm looking at him thinking, why the hell didn't he change venue to a different court and WHY is he telling me this a day before court instead of four months ago!!!

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Ely

Counselor at Law

Juris Doctor

 
62,182 satisfied customers
I am in a diversion program a ciivilians arrest. I went to

Hi,I am in a diversion program for for a ciivilians arrest for trespassing. I went to court and I pleaded no lo contendere and they put me in a diversion program where I have to see a doctor. I was told this would not show on my record. However I have an employment application that asks whether I've been convicted of a felony and misdeameanor. Would I have to answer yes to this question. I was told I was not convicted but I would like to make sure what the legal ramificatios are. Thank you.

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Colleen Grady

Assistant Principal

Juris Doctor

 
660 satisfied customers
14 years ago I was arrested drug felony charge in Florida. I

14 years ago I was arrested for a drug felony charge in Florida. I was never convicted due to an illegal search. The case was dismissed. The records were also expunged. I am now in my 2nd year of medial school and they are doing a level 2 background check before rotations. Will this show up? I was under the impression that expunged records are virtually erased?

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Marsha411JD

Doctoral Degree

 
18,520 satisfied customers
I need to renew my liscensce next month I was arrested of

I need to renew my liscensce next month I was arrested of shoplifting in june 2014 but case dismissed and had my case expunged.....do i need to mention it on my application for renewal for Texas state Board of nursing...pls look at that part that says about renewal of liscensce...I'm an lvn

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Colleen Grady

Assistant Principal

Juris Doctor

 
660 satisfied customers
I had withheld adjudication charges and took a

I had withheld adjudication for drug charges and took a guilty plea for attempted burglary in Florida. My ex called in the complaint, got a restraining order, tried to get the charges dropped, and dropped the restraining order. I later found out that she was pregnant, very upset that we were not dating, and trying to hurt me.Am I allowed to have a gun in Oregon with one felony conviction and a dropped restraining order?

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Zoey_ JD

Doctoral Degree

 
28,308 satisfied customers
How extensive is a level 2 background check JA: The Criminal

how extensive is a level 2 background checkJA: The Criminal Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: no, a company is going to do one on me. I wanted to know what they can seeJA: Please tell me everything you can about this issue so the Criminal Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: I was convicted of a class D felony in 1983. I wanted to know if this will show up on the reportJA: My brothers got into lots of trouble with the law when they were young. The Criminal Lawyer will know how to get you the best outcome. Is there anything else the Criminal Lawyer should be aware of?Customer: noJA: 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.

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Ely

Counselor at Law

Juris Doctor

 
62,182 satisfied customers
My little brother was sentenced years to life in

My little brother was sentenced for 25 years to life in prison for First degree burglary and attempted robberyJA: My brothers got into lots of trouble with the law when they were young. The Criminal Lawyer will know how to get you the best outcome. Have you consulted a lawyer yet?Customer: Im having a hard time understanding if he has a chance of getting out in CaliforniaJA: Please give me a bit more information, so we can help you best.Customer: And no I haven't consulted with a lawyerJA: Is there anything else important you think the Criminal Lawyer should know?Customer: His name is*********. You can Google himJA: 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.

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RobertJDFL

Attorney

Juris Doctorate

 
11,592 satisfied customers
I've lost a case in the court of common pleas court, I didn't

I've lost a case in the court of common pleas court, I didn't have a lawyer, I missed the deadline to file an appeal, is there anything I can do to get a re-trial?

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Lucy, Esq.

Juris Doctor

 
29,202 satisfied customers
Here's one , amigo: Former LPR Husband

FOR GUILLERMO: Here's one for you, amigo: Former LPR Husband (of USC wife) was convicted 1997 in California, on possession of marijuana for sale (He was deported in 2004). The statute of conviction states: "Every person who possesses for sale any marijuana ..." (followed by reference to a punishment grid statute -- He did 9 months in prison, then 2 years probation, so there's really no question that it was a felony!)Though his wife told me he was arrested with 2 lbs of weed, nothing in the records I have indicate any amount. The wife got an expungement, and that minute order refers to the statute of conviction, but I have no direct evidence (yet) that the Husband ever admitted to a Conviction for marjuana pos for sale --or conviction for any controlled substance -- before the immigration judge. I have no plea colloquy or transcript or any other docs yet. I guess my question is: Is he completely out of luck even if he had a chance under Padilla/Chaidez? California has had Padilla-like ineffective counsel relief in place since 1987, so I think he could have affirmative misadvice and failure to advise in his favor. But is he out of luck in terms of the amount of marijuana so far as a new trial is concerned -- arguing possession for personal use? (some people have large habits). And I don't see how the California statue could be considered overbroad in terms of categorical analysis -- it basically says "possession of marijuana for sale," period.Sorry for this lengthy convoluted question.

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Guillermo J. Senmartin, Esq.

Attorney At Law

Juris Doctor

 
45,832 satisfied customers
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