Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

I was charged with a felony and was put on diversion. I had

I was charged with a...
I was charged with a felony and was put on diversion. I had a few mishaps, none of which were intentional, my license had been suspended when it wasnt supposed to be and I was driving someones vehicle who had painted over their registration sticker. I have court next week. I have not been in any trouble, have obeyed my probation and paying my restitution. given my violations, what are my chances of just being taken off diversion and being charged with the felony? If that doesnt go over, what are my chances of them letting me do home incarceration in a different county? I had never been in trouble EVER in my life, im 32 until this point. what would you suggest? is there anything i could do or say to the judge that may push him to be easy on me?
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 2 minutes by:
8/16/2013
Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1,366
Experience: Experienced Criminal Trial Attorney since 1998.
Verified
Welcome to JustAnswer.

What felony were you originally charged with and were there any violations other than the two you mentioned?
Ask Your Own Criminal Law Question
Customer reply replied 4 years ago

Abuse of an elderly person over i think $500. My parents had wrote me a check and had forgot about it, they are both disabled and my father has dementia. I was out of town and they called the bank because they were missing money from their account. They filled out papers from the bank and they got their money back. Well, even though, my mom finally realized she had wrote the check, it was too late and I had been charged. There are only the two violations, there had been another because I hadnt reported to probation right after i was charged because my mother was in ICU almost near death, but i did make contact to let them know that.

Ok thanks. You said your license was not supposed to have been suspended. Can you explain?
Ask Your Own Criminal Law Question
Customer reply replied 4 years ago

I had an unpaid ticket in indiana, which i finally paid once i realized theyd suspended my license (that was because I was pulled over for a broken tail light and the officer let me know). But because of the broken tailight, he charged me with driving on a suspended license, which was settled. I haver an inidiana license but was pulled over in kentucky, so kentucky had my license resuspended apparently. Well, after all this was cleared, and was supposed to be settled, i was pulled over again in the car with wrong registration in which they informed me it was still suspended. Indiana has my license suspended because kentucky suspended it. Ive been trying for two months to get it fixed and indiana says talk to kentucky, kentucky says talk to indiana. its absolute insanity

Customer reply replied 4 years ago

it was like a domino effect and now neither BMV knows what to do, so ive thought about going to Dept of transportation to see how to resolve it

Wow, what a mess with your driver's license. I can empathize with your frustration dealing with government agencies.

I am sure you realize I cannot answer your question with absolute certainty. So much depends on the attitudes of the judge and prosecutor you have. However, those are relatively minor violations. You will probably get a lecture, but I find it unlikely that they would reinstate the felony for what are essentially traffic violations.

Of course, when you go to court or talk to your probation officer you should not act like they are minor or insignificant. If you have any receipts for payments of your tickets, DL reinstatements, notices of reinstatement, and/or something to show the painted over registration car was not yours, I would bring those to court with you. You probably won't need then but better to have them and not need them than the reverse.
Ask Your Own Criminal Law Question
Customer reply replied 4 years ago

Thank you so very much for your input. You're response and answers have helped very much. I wish i had you as my lawyer because i have a public defender and no offense to attorneys, but she is just terrible, every public defender ive dealt with has been terrible. I have all of that information that i am going to take to court with me. My judge and prosecutor are pretty harsh people, but i was hoping to say in court on tues basically "Ive gone through a rough patch in my life, which is no excuse for what I have done, i had a few violations of the agreement we had for diversion, but since that, i have been on the straight and narrow, I do completely understand if its the courts decision to give me a felony charge, but i plead to give me a second chance and let me prove the court wrong...that i am not a criminal". i understand they hear stuff like that everyday, but being that they know how to read people and will know its sincere may help i would hope. Could there be anything else i could offer to them that may help? weekly probation appointments, etc?

(1) I understand your frustration with your public defender. I'm sorry you got a bad one. There are good and bad public defenders and there are good and bad private attorneys just like there are good and bad in any profession. I can't tell you how many times I have seen someone who had a good public defender hire a bad private attorney. I realize it is hard for lay people to know the difference.

(2) Generally your plan planned speech is good. I would take out the "I am not a criminal" line. Because they will assume you committed the crime you were charged with and that would be definition make you a criminal. I think the tone of your speech is remorseful but positive which is good. If you can give concrete examples of how you are on the "straight and narrow" (i.e., work, school, anything that shows you are responsible member of society) that would be even better.

(3) If you have an employer, minister, or older family member who can go with you as a character witness, sometimes that helps. Depends on the judge. That's important to some and not others. They don't want to hear from ten people though. One to three at the most. If you can't get people to come to court, ask them to write the judge letters before your hearing date.

(4) Ask your probation officer if there is anything else you can do.

(5) Ask your attorney for advice on anything you can do to put yourself in a better light before this particular judge. Judge's are human so what is important to one may not be important to the other.

Best of luck to you. I believe that court will work out ok for you, and I don't expect to see your picture on wanted posters at the post office anytime soon. :)
Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1,366
Experience: Experienced Criminal Trial Attorney since 1998.
Verified
Legal-Guru and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Legal-Guru Your Own Question
Legal-Guru
Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1,366
1,366 Satisfied Customers
Experience: Experienced Criminal Trial Attorney since 1998.

Legal-Guru is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
Can a judge make an accurate criminal ruling without a
Can a judge make an accurate criminal ruling without a police report to document facts, and merely rely on the foggy untrue memories-from months earlier_ of a bankrupt punished policeman who now works… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My girlfriend was charged with a criminal offense and is
My girlfriend was charged with a criminal offense and is using the local version of the "Public Defender" as her attorney. This particular case is a misdemeanor, but it relates to a felony conviction … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
My girlfriend was charged with a criminal offense and is
My girlfriend was charged with a criminal offense and is using the local version of the "Public Defender" as her attorney. This particular case is a misdemeanor, but it relates to a felony conviction … read more
Bill Attorney
Bill Attorney
law
1,585 satisfied customers
I'm looking for a criminal defense attorney in the Miami FL
I'm looking for a criminal defense attorney in the Miami FL area … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I live in the state of or this is for a law criminal lawyer.
I live in the state of Virginia or this is for a Virginia law criminal lawyer. A neighbor called the police in April of 2016 as she thought I was too noisy. She moved out in September of 2016. She and… read more
Thelawman2
Thelawman2
Doctoral Degree
1,291 satisfied customers
If a Plaintiff in a case, engaged in a criminal act, and
If a Plaintiff in a case, engaged in a criminal act, and that individual was the Plaintiff of a case which the State was representing; what effect would that have on their case standing?… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
Should a criminal case be stayed or request for later
Should a criminal case be stayed or request for later pretrial hearing for premarked exhibits if there are pending proceedings for two civil cases related to a federal criminal case that may change th… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,698 satisfied customers
Is providing false affidavits a criminal action and if so if
is providing false affidavits a criminal action and if so if an arrest or mitmus is issued on that basis, is that also a criminal action.… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Custody/ Criminal law question re: Interstate Jurisdiction
Custody/ Criminal law question re: Interstate Jurisdiction Ive raised my daughter as a single parent since birth. Born in GA. Father has DV history . Moved to CA for safety and support in 2012. Child … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,327 satisfied customers
In Massachusetts. A police report filed for Criminal
In Massachusetts. A police report filed for Criminal Harassment (c265, s43A) contained firearms license status, and "he purchased 20 guns in the year leading up to this dispute." No malice, no threats… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
79 satisfied customers
In criminal court, I understand that when an accused has
In criminal court, I understand that when an accused has Clemency from the State Board of X that it can not be held against the accused.So what about in civil court?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
A friend was charged with criminal possession of a firearm,
Good afternoon. A friend was charged with criminal possession of a firearm, it was pled down to "attempted criminal possession of a firearm", and he received a 2.5 year sentence. He has already been i… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
In criminal law, if someone is awaiting sentencing of a
Second opinion] In criminal law, if someone is awaiting sentencing of a Federal Felony and I have evidence that should be considered by the sentencing Judge, how can one ensure the evidence is brought… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
79 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,778 satisfied customers
It's a criminal law question It's a criminal law question.
It's a criminal law question It's a criminal law question … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,778 satisfied customers
In, county, Illinois criminal court regarding someone
In cook, county, Illinois criminal court regarding someone charged with aggravated battery(not the lawyer), is an outside criminal lawyer (meaning, he didn't have anything to actually do with the case… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x