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My attorney filed a motion to dismiss a criminal complaint

My attorney filed a motion to dismiss a criminal complaint against me for being facially insufficient. Even a layman without a law degree would agree - it was poorly drafted and barely touched on elements to make a prima facie case. In NYC a one count B misdemeanor doesn't get a trial jury - it is bench (I am sure you know this, but I was horrified to learn) --the prosecutor responded to this motion NOT by redrafting complaint, but rather denying it and including for reason of denial email correspondence and other exhibits which made apparent my previous arrest in a case I received COMPLETE DISMISSAL for bc the prosecutor made egregious errors. It is my personal opinion this is a revenge thing, but that's just my opinion. As such, the judge denied the motion bc the prosecutor only submitted exhibits convenient for them, while my attorney was attempting to be ethical and stick to the four corners of the complaint.My question is this: are a defendant's rights violated if, in a response for a motion to dismiss for lack of making a prima facie case, the prosecutor's response to judge, who is the fact decider in bench trial, was a series of exhibits of a previous case that had been dismissed in my favor and sealed? I feel like this was extremely unfair.

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Zoey_ JD

Doctoral Degree

32,296 satisfied customers
I have a temporary protective order against a person in GA,

I have a temporary protective order against a person in GA, today they drove by my place of employment very slowly and gave me an intimidating stare as they drove by, I have a co-worker who witnessed this event and filed a report with law enforcement. Did this person violate the order( it states that they stay 100 yards from my place of employment) ?JA: Have you talked to a lawyer yet?Customer: Not yet, I do have a lawyer just haven't made it to his office yet.JA: Anything else you want the lawyer to know before I connect you?Customer: I do have an ongoing child custody case involving this TPOJA: Since laws vary from place to place, what state is this in?Customer: Georgia

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Ely

Counselor at Law

Juris Doctor

67,968 satisfied customers
I was doing some research on how to file harassment and

Hi Jim. I was doing some research on how to file harassment and stalking charges against someone in another stateJA: Because criminal law varies from place to place, can you tell me what state this is in?Customer: New Hampshire, PlaistowJA: Have you talked to a lawyer yet?Customer: yes and our lawyer has sent letters to this person to not have contact with us but this person keeps sending emails to our personal emails and is threatening with the most stupid things. my lawyer basically is stating he is hanging himself, but just for my own knowledge I was doing some research.JA: Anything else you want the lawyer to know before I connect you?Customer: just if I can file a protective order also thank you Pearl

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Zoey_ JD

Doctoral Degree

32,296 satisfied customers
A girl and my son were in a chaperoned relationship for

A girl and my son were in a chaperoned relationship for three months when they were 15. He did send her a mean text when they were seniors that he was suspended for for two weeks. (I remember her sending him some foul language texts in high school but have never mentioned.) She had sent him foul language texts sometimes also. The next time they saw or communicated with each other was when they were 20 at a boy's birthday party over Christmas break that she knew he was going to be at. His view is that after she snubbed him, he called and texted to find out why she was being so mean. He used some foul language in the messages when she would not respond. She filed a Domestic Relationship PPO against him after the party. They showed the judge the text from high school. He couldn't fight it because he was served over spring break and had to get back to college several states away. Unfortunately, right before the 6 month PPO was up, he made a friendly comment on her Facebook page. Well, it caused him to not be able to go back to the college and give up his juco college football career. He would probably have gotten a nice scholarship offer after that as he would have been a two-year starter. Anyway, several months after that PPO expired and he is now 23, he left her some phone messages. She filed another Domestic Relationship PPO against him, this time for 2 years' time frame with 90 days in jail. The attorney said there is almost nothing you can do to fight a PPO, especially when there was a previous one. I wanted to question if they really ever were in a Domestic Relationship. He advised against it. Well, a year later, at 24 1/2 now, my son went to her parent's home and talked to her dad. My son has his problems, but he means no harm. Her father called and said our son was nice, but he shouldn't have come over there. At the hearing, her father told our attorney that his wife is the one pushing the PPOs. In the petition the girl filed with the judge, she wrote "He came over to my home." She lives and works in another city. The judge was so set against my son and did not think it made a difference. The girl was not at the proceeding. My son has not seen her in over 6 1/2 years since high school except for the party and at the first PPO violation hearing. At least our attorney got it on the record that the home address on her original petition is not the home he went to. We had 3 days before the hearing and our attorney said we could just plead guilty and get the lighter 7 days in jail sentence he got the judge to agree to so that's what we did. But the prosecuting attorney said the next time my son contacts her he's "rolling" it all into a stalking charge with 5 years in prison. This proceeding happened very quickly and I have been pondering it afterwards. I had no idea that pleading to the civil proceedings can be used against you in a criminal matter. I also realize that the girl actually lied on the petition. I think there's a big difference in a PPO matter in saying he came to my home rather than he came to my parent's home. I wonder if the mother filled out the petition. Anyway, can the civil pleadings be used against him in a criminal case? Should we file a counter PPO stating she lied on the petition so we get it clearer on the record? Should we claim perjury? I probably won't be able to get my son to do this unless it is really important. He does not want to be mean to her and he doesn't defend himself and just accepts everything.JA: Because criminal law varies from place to place, can you tell me what state this is in?Customer: this was in MichiganJA: Have you talked to a lawyer yet?Customer: well the hearing was yesterday. My son is in jail for 7 days. The lawyer is our friend and just seems to make quick deals. He does not charge us. He is a good lawyer, but he mostly wants to keep good relationship with the judge, etc. I'm not sure if I should bring this up. Am I being too agressive?JA: Anything else you want the lawyer to know before I connect you?Customer: Does this cost me money?

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Zoey_ JD

Doctoral Degree

32,296 satisfied customers
My question what is proceudre and protocol when a County

My question what is proceudre and protocol when a County Sheriff official falsifies an official report and hands to a DOJ Special Agent--and DOJ now recognizes they were handed a falsified report by a County Sheriff official--what steps does DOJ take in such a matter?Story---DOJ/DCI Special agent called Sheriff's Department and requested a case be re-opened--Sheriff Department did not investigate--even though official witnesseed evidence crimes have occurred--due to politics and power, hid the crimes--(they are corporate crimes). -- never put evidence witnessed in any official reports and as stated handed to DOJ--DOJ now knows the full story--corruption. The DOJ agent is now a commander in chief of a DOJ Division--he was first to be told--given the evidence such acts took place. So what steps does DOJ take when there is such misconduct occurrs?Thank You

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P. Simmons

Attorney

Doctoral Degree

37,392 satisfied customers
2nd opinion needed not a duplicate please I live in the

2nd opinion needed not a duplicate pleaseGood DayI live in the state of Florida. I have surveillance cameras all around my house because I have a next door neighbor that has been throwing trash, dog feces eggs etc. in my yard. she also has been using her cell phone to record my family and I in our house through the window and in our backyard. As such the state attorney charged her with stalking but then drop the case stating they did not have enough evidence which was bogus when they had everything on tape. she was issued a no violent contact order, mental health evaluation, anger management. There was a spot at the side of my home that the camera did not pick up and this neighbor knew this area was out of surveillance view so she would hide there and throw these items over the fence.I got wise called the camera guy who rotated on e of the cameras in this direction which gave a good view of this area but it also captures her backyard area and patio area where she has a pool. recently I was in my backyard when she came out of her backyard door and was filming me with her cell phone. bingo I got it all on tape because of this camera that was rotated at this dead spot.

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Zoey_ JD

Doctoral Degree

32,296 satisfied customers
I live in the state of Florida. I have surveillance cameras

Good DayI live in the state of Florida. I have surveillance cameras all around my house because I have a next door neighbor that has been throwing trash, dog feces eggs etc. in my yard. she also has been using her cell phone to record my family and I in our house through the window and in our backyard. As such the state attorney charged her with stalking but then drop the case stating they did not have enough evidence which was bogus when they had everything on tape. she was issued a no violent contact order, mental health evaluation, anger management. There was a spot at the side of my home that the camera did not pick up and this neighbor knew this area was out of surveillance view so she would hide there and throw these items over the fence.I got wise called the camera guy who rotated on e of the cameras in this direction which gave a good view of this area but it also captures her backyard area and patio area where she has a pool. recently I was in my backyard when she came out of her backyard door and was filming me with her cell phone. bingo I got it all on tape because of this camera that was rotated at this dead spot.Here is my question: I want to submit to the state attorney office but I do not know the laws in regards ***** ***** camera picking up her patio area? am I in a violation of her privacy? let me add this 2 months ago my mother called the police because she visibly seen this same neighbor throw eggs in our yard from this dead spot area where the cameras did not pick up. the police that responded was very rude and told my mother he did not believe her story that she saw the lady do this and stated he was going to send the report to the state attorney office to prosecute my mother as he believed it was a lie. the state attorney office drop this case and said they were not going to prosecute my mother.now with this new footage am I in violation of this perpetrator's privacy or do I have a leg to stand on to submit it??

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Lucy, Esq.

Juris Doctor

32,524 satisfied customers
My ex husband continues to stalk my online profiles. I

My ex husband continues to stalk my online profiles. I continually block the new ones he creates but it never seems to end. He's blocked on my phone and every email but one. The only communication I have with him is to reinforce the settlement agreement terms. And he always finds a way to make comments, letting me know that he knows what I'm up to. It's very disturbing to feel watched all of the time. I don't want want to be bullied into deleting all social media. I just want him to stop. I live in Florida and he's in New Jersey. Do I have any legal options?JA: In what state did this occur?Customer: I'm in FL, he's in NJ/NY.JA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: We have been divorced for over a year now. He owes me quite a bit of money from the divorce settlement but the terms have payment stretching for the next 3 years. And there's no provision in the settlement for a garnishment. I would ideally like to reopen the divorce case requesting an auto payment until the terms are met. So that I never have to have contact with him again.

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CrimDefense

Juris Doctor

33,912 satisfied customers
I have been trying to keep my personal and work related

I have been trying to keep my personal and work related information private for the past several years due to a past stalking incident that had resulted in a serious bodily injury. Whenever my personal information would be listed somewhere on the web, the site owner agreed to remove it, once contacted and appraised of my situation. This has worked in the past. Recently, however, my employer has discovered my desire for privacy and seems to keep trying to unnecessarily publish my info under the pretext of ‘recognition' ,'reports' etc (in my opinion, a retaliatory act for filing a complaint against the employer,)My question is, is there a court order that I could get that would prohibit them from publishing my information? Every time something like this is published, I break out in cold sweat and I'm paralyzed with fear and anxiety that my stalker would find me again. I have already put in several years of work with this company and don't want to have to quit my job and start over unless that is the only alternative.If going the court route is an option, please include instructions on how to do this and if there is a way to expedite the process. Once the information is accessed by my stalker, there's no point in having it removed.

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LawTalk

Attorney at Law

Juris Doctor

35,884 satisfied customers
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