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Can a judge make an accurate criminal ruling without a

police report to document facts...
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 in the basement and gives mail to police officers on a beat?
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Answered in 3 minutes by:
1/15/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,860
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please explain what sort of ruling the judge made? Was there a hearing or a trial on the issue?

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Customer reply replied 7 months ago

The Judge made a guilty ruling for my innocent niece who was charged with "removal of a shopping cart" and "false I.d. to police officer". The charges were totally untrue, and the store was not the complainant. The police employee was the complaintant. The store who owns the shopping cart stood for my niece and said the police employee purposely harassed my niece. The police employee told my niece he was a security guard and he never identified himself as a police man. He kept her for over 2 hours, handcuffed her and went through all her belongings inclusiong her pocketbook, in a dark, deserted parking locontent://media/external/file/5704t. Finally he gave her a summons to court for a Saturday date. I believe he is a bouncer for a bar in the shopping strip mall. We still do not know where he works, the name of the security company he works for and if he was actually in duty or just saw my niece and harassed her for his friends . the other policeman say he has no arrest powers anymore. I only found out that he works in communications from the summons. No mjudge or lawyer bothered to find this out. If criminal is proof beyond a reasonable doubt, then where is this? The evidence is supposed to be "clear and convincing", yet there was no police report.We tried to get a copybut were denied, saying they can only give police reports to the victim.But who is the real victim in this case? The store maintains that since they own the shopping carts and the policeman is not there employee that the police officer has no standing. What can wa do about this discriminatory ruling? If the Judge was true there are other pieces of evidence that prove my niece is innocent including the police report. The criminal history stigma is terribly severe for my innocent niece with no history. What can we do?

If I have this correct, then your niece was convicted after a trial. That would mean that the state put its witnesses and evidence before the judge and your niece's lawyer got to cross-examine them at hearings and trial.

If this was tried to a judge and not a jury, the trier of fact, in this case the judge, would be entitled to weigh all the evidence he heard for himself and to determine for himself how much weight to give the testimony.

Police reports are hearsay and are not admissible evidence at trial for that reason. The police themselves testify to the facts of the case. The judge or jury decides for themselves how credible the witnesses are, and, as I indicated before, how much weight and worth to give the testimony.

Sometimes the trier of fact gets it wrong. Innocent people can get convicted. If your niece believes that the verdict was wrong, she has the right to appeal the conviction and let an appeals court go over the record to see if she was denied a fair trial and that the ruling should be overturned.

If I misunderstood and your daughter was not convicted after a trial, please reply with the correct information so that I can revise my answer.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Customer reply replied 7 months ago

This case was already appealed from general district court to circuit court.

In general court, The police employee was whispering in the judges ear.

Other lawyers told us later that this in improper and constitutes ex parte communication. But we did not know at the time.

In general court the Judge stopped our lawyer from cross examining saying that the judge had already made up her mind.

A lawyer approached us and said that our attorney was not handling things properly and that he would represent us for free.

My niece has been undergoing terrible issues with her trustee, who has stolen several hundreds of thousands of dollars from my nieces inheritance and the police will do nothing saying they need a lot of direct evidence that my niece cannot obtain.

the trustee a few days prior to her arrest filed and illegal detainer to attempt to take possession of her substantial home. The trustee says that he will ultimately discredit my niece so that no one will believe her

In the case with the trustee, this judge said this was very unethical and that the judge would report this Behavior. So then the trustee became scared and immediately non-suited the case.

The police employee is a friend of the trustee and the trustee promises to help him gain his position back in the police.

And the trustee says that he will assist the police officer with my nieces money. The police employee actually ask my niece if she wanted to call this person. How would he know thisperson is a trustee if it was an innocent meeting?

The judge in Circuit Court would not let my niece speak and loudly bang his gavel and threatened her. Her lawyer tried to read the law to the judge, but the judge in circuit court said he does not have to go by laws that he does what he wants.

Why is a police report considered hearsay? The police report would have shown the time that the lady policeman was called to Frisk my niece and it would have shown that the police officer was misleading the judge when he said that the police officer only saw her for a short interval he did not tell the judge about the arrest the frisking the handcuffs the going through or search belongings and her pocketbook.

But how credible can a punished police officer be who misleads the judge into thinking he is a full police officer

The facts of the case are untrue and were never proven

We attempted to do a motion to reopen the case based on other factual evidence however the judge said he does not like these things he did not even read it and he stamped it denied so what can we do now

I can't see the original trial transcript, but it sounds as if there were several different grounds for appeal. I assume that the appeals lawyer asserted all of them. Unfortunately, for whatever reason, the higher court did not find grounds to overturn the trial court's decision. With newly discovered evidence that would completely exonerate your niece, she could file a motion with the original judge to reverse the conviction. However, it would have to be evidence that nobody knew of at the time of the trial.

Police reports are based on what the complainant and others alleged at the scene. That's hearsay. Police reports can be used to impeach a police officer who testified differently in court than what he said earlier, but they don't come in as evidence for the jury to read.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,860
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Customer reply replied 7 months ago

Does the circuit court judge have to follow the law? Our lawyer tried to read him the law concerning the case but the Judge says he will do as He pleases in his courtroom and that no one can stop him. Our lawyer tried to reiterate that this is the word of the law but the Judge said he does whatever he wants to do. Period.

The police officer falsely advised the Judge of a make-believe "fact" and we actually showed the judge photographs proving the police employee was "mistaken".

But the Judge still ruled for the police employee who perjured himself.

The Judge says he will not go by the law.

This "trial" must have lasted a few minutes. Our lawyer was very surprised that the Judge ruled so early without actually hearing what he did not want to.

Anytime my niece tried to speak in defense of herself, The Judge merely continuously banged his gavel so that my niece would not be heard. The Judge kept screaming "answer yes or no or else". But there were no cut and dried answers in this convoluted case

For example, how could my niece lie to a police officer when the police employee identified himself as a security guard and was not in uniform.

Is the Judge supposed to follow laws?

It is the judge's courtroom and they have a great deal of power. But yes, they are supposed to abide by the law.

All of what you have mentioned would have been on the trial record and was available to the appeals court, however. They apparently didn't find it reversible error.

Your niece could certainly file a grievance with the judiciary as to the judge's bias during the trial and the ex-parte communication and get him investigated for misconduct. He could potentially lose his seat on the bench if they find merit to the claim. But it doesn't change the fact that a higher court affirmed the conviction.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,860
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Customer reply replied 7 months ago

I called the Supreme Court because the judge saying that he does not go by laws sounded very bizarre.

The Supreme Court told me that the judge takes an oath to abide by the law. The Circuit Court has its mission is of Justice and to abide by the Constitution.

But how could this be if the judge refuses to follow law for the land of the United States?

What is a trial record?

What is appeals court? Is this Circuit Court?

How do I file a grievance?

The ex parte communication between the police employee and the judge took place in the lower court General District Court.

Although we had photographic evidence in circuit court proving that the police employee had just perjured himself on the stand, the circuit court judge still ruled in the police employees favor, citing that the judge does not have to follow law.

What can be done about the corrupt, lying police employee?

Can we ever find out for certain where he works and if he was actually on duty.

This town is very corrupt and discriminates in the open. My niece will never get justice here.Could she have gotten another court?

In a close by city, the police officers are faxed police reports the day of court and without them , cases are dismissed.

You told me that the case was appealed to a higher court. That court looks at the lower court's record of what occurred. So they saw all that you are objecting to and didn't find it reversible error.

The higher court will NOT look at new evidence. They look only at the record of what happened in the lower court. In the end, they did not feel that that the judge's rulings were what cost your niece the trial. If they had, they'd have reversed the judge on the appeal.

No, she could not have gotten another court. The place where the crime was allegedly committed is where a criminal matter must get tried.

Every state has a committee where you can report a judge. Since I do not know what state this trial took place in, I can't link you to it. But if you get back to me with the state, I will find it for you. You can also complain to your state attorney general's office, not just about the judge but about the general corruption and the corrupt police officer.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,860
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Customer reply replied 7 months ago

First I want to thank you for your insightful answers. I read your answers to other persons and they were always so compassionate and they always try to help. Thank you so much.

In this state when a person appeals ,:it is called aa appeal De novo. I was told this means that the old trial did not even exist everything is brand new.

I was told They could not look at a record of an older Court as this would bias them.

They could not have seen what my niece was objecting to because she was never allowed to speak at any trial . and when she was allowed to "speak" either the judges loud pounding gavel silenced my niece or the Judge loudly overtalked my niece.

Her lawyers even were actually cut off.

The first lawyer in general court tried to strike because the complaint was not the store and I believe the law says that the police officer has to be an agent or employee in order to the direct the store's merchandise However the judge cut off my niece's first lawyer and said to be quiet because she had already made her decisionand didn't want to hear anything else.

She was very harsh and gave my niece years of probation, fines, took her license away. Etc

the first awyer was very angry and he told my niece to go appeal this miscarriage of justice.

Another lawyer showed up and he claimed that the first lawyer wasn't defending my niece properly and that the second lawyer knew how.

But he read the law to the judge however the judge said he doesn't have to follow the law he does whatever he wants to do.

. And the new free lawyer who approach my niece has made it hard on her because he did not tell her that she needed transcripts for the possible appellate review?

she now has filed for the appellayet review but does not have the transcripts .

Was the free laeyer supposed to tell her to get transcripts?

The free lawyer then alluded to my niece is having packages in the cart as a homeless person would have and refer to her as unemployed. Was it proper to do? Why would a lawyer want to possibly stigmatize their client in front of a judge citing ostensible derogatory, negative untrue data?

Another lawyer was contacted and he wrote a petition to motion to reopen the case. This lawyer said it was a gamble that the Judge may deny it without reason. The Judge denied it without reading it because he says he doesn't like these matters.Does the Judge have to have a reason for his actions?

Maybe the judges are given too much power that can be easily abused with no checks and balances. The ones who get abused in this unbalanced abuse of power Are the innocent victims from judges who want to flaunt their supposed superiority over mere human beings

A defendant has a few minutes before the judge and I thought that your lawyer was supposed to make you look the best possible. Instead of alluding to you in ways that could be taken as derogatory.

Is it ethical for a lawyer to go to the courtroom and Chase another lawyer's client down and offer to represent them for a lower cost or free?

The lawyer that wrote the petition said that this lawyer is in the prosecution's office but then he later changed his mind. I did some research on the free lawyer he chased my niece down in General District Court and and told my niece that he would represent her for free, has ethics violations in the past.

My nieces Next Step is the Appellate review. However the judge advice the lawyer who wrote the petition to get my niece to stop the Appellate review. Can the Judge get revenge on my niece?

Sorry for the delay. I turned off my computer for the night before your reply.

There is nothing further that the judge can do against your niece. She is already convicted and sentenced and no longer out of the court's jurisdiction. Typically you get one appeal as of right. From there, a still higher court may be willing to grant a further appeal. Apparently, you are trying for that now.

Her appellate lawyer can obtain transcripts. Yes, it's perfectly okay for a lawyer to suggest that your niece may have looked like an unemployed homeless person. It would be, for example, a good reason for store security to assume without evidence that she had to have been guilty of a crime. Isn't that the point of the whole defense?

Motions to reopen a case always go back to the original sentencing judge. Since the judge heard all of the evidence in the case from the first day the defendant appeared in court, they may have strong feelings about the case. If they believe that justice was done, they don't generally go against their own rulings.

A lawyer is free to solicit business wherever he can. Many will approach defendants in the courthouse. It won't make you friends in the profession to try to steal away another attorney's client, but it's not improper.

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Customer reply replied 7 months ago

How can transcripts be obtained?

There's a procedure for ordering them from the court reporter. YOu pay by the page. The way to arrange for it differs from jurisdiction to jurisdiction. So ask a clerk in the courthouse where the case was held. He can tell you who you contact.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 5 stars on the rating scale, as a rating of okay or better is the only way that JustAnswer will give us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

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Customer reply replied 7 months ago

The clerk initially advised me there would be transcripts in my case. Then the clerk said s mistake was made and that the court only makes transcripts of criminal felonies and not criminal misdemeanors as is my case. I need some kind of transcripts for the appellate review. My lawyer did not tell me that I would need transcripts.What can I do?

If there are no transcripts, then there is no way to get them. They simply would not exist. You would have to check with the court reporters office to find out if there were transcripts of your proceeding.

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Customer reply replied 7 months ago

Then how can I do an appellate review without transcripts?

If transcripts are required, you can't. Transcripts are official recordings of the proceedings as they actually happen. They can't be created ex-post facto.

We have now gone well beyond the scope of the original question. If you want to pursue your appellate options, I suspect you post a brand new question to that effect where an appellate lawyer can assist you. Please do not forget to rate my services before leaving the site. Experts are not salaried employees, and a positive rating is the only way I can get credit for the time I've spent assisting you.

Best of luck.

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Customer reply replied 7 months ago

Hi.I thought that Icould rate only after all the follow-ups were asked. I still have questions that were not answered, so I did not rate because I thought I could not ask any other questions after that. Can I go back now and rate every single question? I still have follow-ups that were not answered.Or should I post a new question?

You only need rate once on this question thread. You can rate and still ask follow-ups. BUT the follow-up must be about the original question. We've covered that at length and moved fairly far away from that.

If you want to inqure about appellate procedure and options, you need to post that as a new question where a lawyer with a specialty in criminal appeals can tell you what possible remedies you may still have.

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Customer reply replied 7 months ago

I hope this is about the original question:

Can a police employee be the complaintant in a "removal of shopping cart" when the private store who owns the shopping cart, is NOT the complaintant and actually sides with the person who received the police summons?What law states this?

Yes. he can. Anyone can report a crime and thus become a complaining witness. He doesn't have to be the victim. He just has to have seen it, to report it, and to be willing to testify to it if called upon.

From there once the authorities get involved, if the state believes a crime may have been committed, the case belongs to the prosecutor. It doesn't matter whether the store itself wasn't interested in going forward. A prosecutor has the complete authority and discretion to decide for himself or herself whether to take a case. That's how their role was defined by the founders of our government. It's always been like that. It always will be. It's one of the cornerstones of our criminal justice system.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,860
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Customer reply replied 7 months ago

But what if it is not a crime and something is written by someone disgruntled from being left out of a will, hoping that maybe the Judge will not notice this indiscretion?

Customer reply replied 7 months ago

So can I arrest a single multimillionaire without a family or children, for wearing pink lipstick when the fashion is red lipstick? A bankrupt policeman without ethics, can even need bribed to state that this is merely an offshoot of a much deeper, complex mental issue. , and represents a complete abberation from society norms, and the person is creating her own delusional world apart from society. And thus demand that the community services board get involved, for the safety of the citizen. Many of the peopl from this board.,do nor even have a high school diploma not are they qualified to obtain a private sector job, and will go along with anything, hoping they may personally get a "benefit". The prosecution will go along because a clerk in court does not like minorities and is owed favors from the prosecution and news the money. .Then the next step is conservatorship over a large fortune.. And not a penney from my pocket has been paid for the state paid for this . Conservatirship costs many thousands of dollars if done privately. So an illegality can be accomplished utilizing state monies when an actual crime has not been committed.But that can be a good thing, because no specifics such as documentation are necessary. Conservatirship are a known national disgrace. But no one does anything because a lot of money is involved, and potentially there is a lot of benefit involved by many people. Including monies for people in "power". But an illusion of"justice" can be satisfied.And to sweeten the deal, there is no one else involved to fight back such as a family. . Is this the cornerstone ?

I didn't say any of that. What I said is that anyone can report a crime. It is then up to the police and prosecutor to determine whether the report rises to the level of probable cause for an arrest and can be proved beyond a reasonable doubt.

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Customer reply replied 7 months ago

But I do not understand. I did not commit a crime. So can anyone just claim that a crime was committed and makeup whatever they want to? Because after all, there are no witnesses. Only a single person with substantial possessions and this money can be easily gotten with corruption, where only a single persons word is required- WITHOUT ANY documentation or records of ANY KIND. Is that right?

Yes. The words of a credible liar can sometimes lead to an arrest which may later prove to be without merit. You'd think it would happen more often than it does, but fortunately more people are honest than not.

The fact is that the standard for an arrest is very low. Proof beyond a reasonable doubt is the prosecutor's burden at trial. That's the heaviest burden in all of law. But it doesn't require much evidence for the state to make an arrest, file charges, prosecute, and even indict. All the state needs is probable cause for all of that. Probable cause is just a reasonable belief that a crime may have been committed and that a particular person may have committed it.

Sometimes, a complainant's word is good enough for probable cause. It all depends upon particular facts and circumstances of a case. The arrest and the basis for it can be challenged in court in special hearings designed to address them.

I'm not here to argue with you. Power can certainly be abused. But in the matter you're specifically concerned with there's been a lawyer, a trial and an appeal. There was due process. If you believe that corruption or bias was part of the problem file a grievance with the judiciary.

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Customer reply replied 7 months ago

I sincerely ***** ***** to argue with you, I truly just didn't understand the complexitors of the situation. In school we learned that in a democracy everyone got true justice ,with clear and convincing evidence and proof beyond a reasonable doubt.Not that an innocent person's ultimate freedom is in the hands of ONE person who can make subjective . absolute rulings not based on the law and can rule in favor of proven perjurers like in an absolute monarchy, without recourse. And ultimately ruin an innocent life.

Isn't this what you meant?

This will not let me rate you anymore. Should I post a new question.

Customer reply replied 7 months ago

I sincerely ***** ***** to argue with you, I truly just didn't understand the complexitors of the situation. In school we learned that in a democracy everyone got true justice ,with clear and convincing evidence and proof beyond a reasonable doubt.Not that an innocent person's ultimate freedom is in the hands of ONE person who can make subjective . absolute rulings not based on the law and can rule in favor of proven perjurers like in an absolute monarchy, without recourse. And ultimately ruin an innocent life.

Isn't this what you meant?

This will not let me rate you anymore. Should I post a new question.

No, that isn't what I meant.

Our schools also taught us that ***** ***** never told a lie, that Abraham Lincoln was born in a log cabin that he helped his father build and that Christoper Columbus discovered America.

Our system of government and our Constitution is perfect on paper but far less so in practice, where human beings can spoil it. People are imperfect. Powere can be abused. Still, I know of no better system than our criminal justice system and I have high regard for it. If I were charged with a crime, I wouldn't want to be anywhere but here, for all of its faults.

If you think that your judge overstepped his authority, I have told you where you can report him. If you think the police, prosecutor, and county are all corrupt, report them to your state Attorney General. If you think the system stinks, vote for legislators who will change it. Or run for office yourself.

I wish you the best in your quest for justice, but there's nothing more I can add to what I've already said over the past several days.

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Customer reply replied 7 months ago

Thanks for your help and I truly mean that. I guess that I was just shocked between the extreme juxtaposition of what is supposed to happen according to our history books and what actually transpired. Thanks again I wish that I could write you again excellent marks but it doesn't let me anymore. Thanks and have a great day!:)

You're very welcome!

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Juris Doctor (JD)
11,462 satisfied customers
I am going to court charged with disorderly conduct, interferring
I am going to court charged with disorderly conduct, interferring with an investigation and resisting arrest. I am 54 a CPA with a clean criminal history. The police came because my sons girl friend c… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
One yr. ago my sister without my permission went into my office
One yr. ago my sister without my permission went into my office (which is located in the basement of my mother's home--I live with and take care of my 91 yr. old mother) and went thru allot of very pe… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
Doctoral Degree
31,860 satisfied customers
i filed a police report. i was under a lot of stress and talking
i filed a police report. i was under a lot of stress and talking to many people at once. the police. who also called acs right there in my home. the emts workers. i wrote a statement and now that i re… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,462 satisfied customers
My husband & I were traveling on route 1960E toward 59N on
My husband & I were traveling on route 1960E toward 59N on a Saturday. The road has let of other cars. I was driving at the speed of 50-52/MPH in a 50/MPH zone. I noticed a police car behind me for or… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,986 satisfied customers
my b/f was arrested on 10/31/08 at foggy bottom metro station
my b/f was arrested on 10/31/08 at foggy bottom metro station for assault on an officer. my problem is he never swung at or touched the officers. however they did beat the hell out of him we recorded … read more
RBinJax
RBinJax
Juris Doctor
728 satisfied customers
My juvenile son was pulled over and charged with paraphernalia
My juvenile son was pulled over and charged with paraphernalia poss. in a Drug Free Zone. The policeman who wrote the ticket wrote one location on the actual ticket that was on the corner of a church.… read more
Jim Reilly
Jim Reilly
Private Practice Attorney
Juris Doctor
1,759 satisfied customers
I was given a ticket for ignoring traffic sign ...
I was given a ticket for "ignoring traffic sign" when I went around some cones partially blocking a roadway after watching car in the opposing lane doing the same. There was a policeman nearby inside … read more
J D Haas
J D Haas
Trial Lawyer
Doctoral Degree
2,998 satisfied customers
I was the victim of domestic violence in 2005 in CA. I ...
I was the victim of domestic violence in 2005 in CA. I finally called the police after a bad "beating" and the police officer who came over said I simply fell off my bike. I showed him pictures of pre… read more
Mr. Lofton
Mr. Lofton
Doctoral Degree
702 satisfied customers
A police officer chased a suspect down an alley and ...
A police officer chased a suspect down an alley and apprehended him. Immediately before the officer caught up to him, the suspect threw down a number of glassine envelpes filled with cocaine. The offi… read more
jamest
jamest
High School or GED
194 satisfied customers

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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).

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