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Welfare fraud was my charge today /1/10-12/31/11, WV also, I
Welfare fraud was my charge today for 7/1/10-12/31/11JA: Because consumer protection law varies from place to place, can you tell me what state this is in?Customer: WV also, I had a meeting at the DHHR Jan 2013 and was told my case would be heard in the fall of 2013 it's now Summer of 2016.JA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: Where was my fast and speedy trial?JA: 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.
Greetings. Okay I give up - what are the standards
Greetings. Okay I give up - what are the standards for when conflicting statutes are at play? For example, the Local Government Code states the prosecution has 60 to file charges otherwise a Motion to Dismiss can be filed with the Court, but - the Code of Criminal Procedure states it to me 180 days. When their is a conflict between State Statute, Rules of the Court, and State Codes what is the formula in determining which rule or statute prevails? Thank you.
I have been charged with a domestic violence misdemeanor
I have been charged with a domestic violence misdemeanor case (battery and disorderly conduct). My spouse wanted to drop the charges but district attorney did not agree. We want to dismiss the case. I have no previous criminal record or any other convictions. My lawyer suggested that she should leave the state so that she will not get a subpoena and do not have to show up for trial. My spouse moved of state few months ago and living in some other state (1000 miles away). District attorney do not know that she moved out of state and so far they have not made any efforts to contact her. The case is set for trial next month. If the district attorney comes to know her whereabouts can they issue an out of state subpoena to her? How long does it take to serve an out of state subpoena? Thanks.
Law Educator, Esp. Consumer Protection Lawyer I checked out
Law Educator, Esp.Consumer Protection LawyerI checked out several legal information sections on the internet and they all agree that judges allow a defendant to defend himself, especially with a misdemeanor, without having any previous knowledge of rules of evidence or practice (however, they do require at least a high school education). Nevertheless, I read the Rules of Evidence and Practice for Nevada. Very few of these rules apply to my very simple case.The police spent almost all of their time in our home talking to Subrina and they accepted all her lies without any reservation. They only spoke to me for a couple of minutes before they handcuffed me and sent me to jail. Subrina's grandmother desperately tried to tell the police that I did not ever hit Subrina. She did this using my wife as a translator. Nevertheless, the police refused to listen because they said they needed an impartial translator. The police actually told my wife to shut up. When they saw the scratches on Subrina, they failed to check my hands to see if I even had fingernails. I have a hard time believing that the negligence, incompetence, and dishonesty of the police wouldn't cancel out their phony probable cause for my false arrest and false charge and allow me to sue for damages.Because the police relied so much on Subrina's lies and because she used the police to satisfy her selfish desires (the police will do whatever she says), the police and prosecutor find themselves in a precarious situation. Subrina lives in China and refuses to even answer the phone calls of the prosecutor. Accordingly, the prosecutor has no witness and no evidence; I have at least three witnesses and all of the available evidence supports what I told the police. Also, the police would have to justify arresting me and letting Subrina go free after she committed several important crimes. Accordingly, I am very sure that the prosecutor will never bring this case to trial. I am certain that the prosecutor now realizes the mistakes which he and the police have made; however, if he dismisses this case, then he undoubtedly realizes that the police would become vulnerable to lawsuits. It appears obvious why the prosecutor has tried so hard to force me to plead guilty and accept his deal. Because I refused his deal, the prosecutor has no choice but to stall and hope my case will somehow go away (that I will give in to his scare tactics or one of my witnesses will die etc.).Even though my lawyer says he has filed for permission to allow me to defend myself, I'm sure they will stall as long as they can. How long should it take to get permission to self defend? How can I make sure they have actually tried to provide this permission for me (these guys are crooks)? While we are in limbo, can I tell my lawyer to file a motion for speedy trial (invoke my right to speedy trial etc.) to start the clock? You said in your response “if I want one (speedy trial);” why would I ever not want a speedy trial? If the court gives me permission to defend myself in the near future, how and whom do I contact to file and invoke my right for a speedy trial? By the way, when does the statute of limitations expire?
My stepdaughter (Subrina) attacked me one morning. One of
My stepdaughter (Subrina) attacked me one morning. One of her attacks involved an abusive verbal assault on my character. Subrina's grandmother became alarmed at our exchanges and tried to protect Subrina by wrapping her arms around Subrina. As a result, the grand mother accidently dug her fingernails into the upper chest area of Subrina's body creating three visible scratches. When Subrina observed the scratches, she immediately called the police to blame the scratches on me because she knew her grandmother spoke no English and couldn't tell the police what really happened. While the police were on their way to our home, Subrina sneaked up on me, then hit me on the side of my face, and then stole my TV remote. When I approached Subrina to retrieve the stolen TV remote and prevent its destruction, she produced a video of my approach with her phone camera to convince the police that I had attacked her. As a result, the police arrested me when they saw the video and the scratches on Subrina's upper body (all Subrina had to do was tell the police she didn't know where the scratches came from). The police lied when they said the video showed me lunging toward Subrina and in a tussle with Subrina. They did this to justify my arrest and the false charge of Battery Domestic Violence. However, all three witnesses present at the scene (Subrina, her grandmother, and me) told the police that I never hit Subrina. Also because I have osteoporosis, I had trimmed my fingernails down to well below the skin line the day before this incident occurred (my wife can testify to this).At the present time (nine months after the incident) my lawyer says he has cleared up the lies and misunderstandings of this case to the prosecutor. Subrina's grandmother has agreed to testify that she caused the scratches and that I never touched Subrina. Nevertheless, the prosecutor and my lawyer are still trying to force me to plead guilty to the crime of Battery Domestic Violence. They tell me if I plead guilty, pay a $300 fine, and attend an anger management class, they will dismiss the charges (whatever that means). They tell me this is a good deal because if I plead not guilty, I could spend up to six months in jail even though I have never previously been accused of anything like this batter charge. However, they refuse to explain the ramifications of this plea deal such as losing my right to file an appeal and my right to sue to recover damages etc. After I have insisted that my lawyer give me a straight answer, he sort of admits that my guilty plea actually has the purpose of protecting the police and prosecutor from their false arrest and false charges and their negligent, incompetent, and dishonest investigation. Nevertheless, my lawyer continues to use the excuse that it would be cheaper and less work for everyone if I would just plead guilty and accept the deal. At this point, it appears that the prosecutor will continue to refuse to allow my case to proceed (to either a trial or a dismissal) until I accept their deal and plead guilty. However, I know that the prosecutor does not have any witnesses (Subrina is in China and cannot be at the trial) and he admitted to my lawyer that the evidence shown in the video is very weak and incomplete, to say the least.Because I do not want this violent crime on my record, I have some questions about my case: (1) If I plead guilty to a crime I didn't commit (if I accept their deal), would I break any laws? (2) How long can the prosecutor (with the help of my lawyer) keep my case locked up (it has already been 9 months since the incident)? (3) My lawyer won't tell me if he waved my rights to a speedy trial; how can I find out if he waved this right? (4) Because my lawyer would have waved my speedy trial rights without my knowledge or consent, do I still have these rights? (5) Because the police and prosecutor refuse to prosecute the proven Battery Domestic Violence that Subrina committed against me, can I do anything about this obvious discrimination and scandal? (6) Because the police verbally assaulted me as I sat in the police car waiting for arrest, does this and other atrocities negate their clams of probable cause which they used to arrest and charge me? (7) Because my attorney refuses to explain anything to me in an understandable way or provide copies of the correspondence in my folder, can I do anything to force them to provide me with copies of these documents? (8) Can I do anything about this obvious scandal (other than plead guilty to a crime I did not commit), i.e. should I try to get permission to defend myself to save the $3,500.00 it would cost to have my dishonest lawyer handle my trial? (9) If the police had conducted an honest and somewhat reasonable investigation (checking my fingernails and the video), would the additional information they would have obtained have canceled out the probable cause for the scandalous arrest and charge they made against me if I file a lawsuit?
My lawyer is taking my case to a judge to review it and have
My lawyer is taking my case to a judge to review it and have it dismissed. He said there is a good chance that it will be dismissed, however it has been 10 months now and when I ask what is the status of the case he tells me that the DA does not have the case and keeps forgetting to bring it to court. I am not understanding why it is taking so long. Can you help me or give me an insight as to if it is normal? or is there anything that I can do to make the proses go any faster?
Wisconsin--My daughter was arrested on 3/31/2016 and
Wisconsin--My daughter was arrested on 3/31/2016 for OWI and released within a couple hours. She was given a mandatory court appearance for 4/18/2016. She went and they never had her on the schedule of appearance and the sheriff and bailiff told her it takes 8 months to get blood test back for drugs/OWI, and that it wouldn't even pay for her to get an attorney until the results come back because there isn't a criminal complaint yet. They rescheduled her court appearance for December 2016. Since than she received a letter stating there was no alcohol in her system. Is it legal for them to wait 9 months to charge her?
I was arraigned on having child porn charges in Jan, 2015.View more criminal law questions
I was arraigned on having child porn charges in Jan, 2015. The search warrant said between the hours of 6am to 10pm. They were there before 5:30am. We all were sleeping and were awoke by pounding. Our neighbors have said they will testify and were watching as they were entering our house before 6am. I was released on $30000 unsecured bail with no restrictions. The DA didn't like that and had another district magistrate judge immediately place me under house arrest without any representation or any hearing. That lasted a month until my lawyer finally got another hearing and the judge reversed it. 3 months later they claimed I violated my bail conditions again by going to a mall (my eye doctor was there and I had proof) and again had me placed under house arrest. No conditions of bail were ever presented to me in writing either now or then.. Forward 9 months and I am still under house arrest, not allowed to work, lost everything I own and my whole family is suffering. Between December and May there was no trial, no motions, no hearing. Nothing. What course of action do I have? My lawyer does not seem to care. In fact, he missed my last hearing.