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I initially reported to the police that my fiancé was hitting me, resulting in him being charged with felony domestic violence. I admitted this while severely intoxicated, leading to my own charge of public intoxication. The incident involved a fight between my fiancé and another person who... View More 
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answered on Jun 16, 2025
Even with the recanted statement, the decision of whether to pursue the case will still rest with the prosecutor. With that said, if they have been informed of the desire to recant AND the issue of intoxication as you mentioned in your question, they have a duty to disclose that to the accused. A... View More
I had an incident with my girlfriend, who is on a student visa in the U.S. She got angry and hit me, so I called the police to get my belongings, but they arrested her for domestic violence. There were no witnesses, and a court date has been set. I have told the authorities that I want her released... View More
answered on Jun 16, 2025
Even if you drop charges or say you don’t want to press charges, the prosecutor can still continue the case. Domestic violence cases are handled by the state, not by the victim alone.
• Trying to recant can sometimes make the situation worse for both of you — prosecutors often view... View More
I missed my first court date for a criminal case, and I believe a warrant has been issued. What steps should I take to address this situation?
answered on Jun 16, 2025
Depending on the underlying charge and your history (or non-history) with missing court and the reason why you missed court, most likely you simply face a fine. That said, you need to answer the warrant to get it recalled---if not you are subject to being picked up whether from a traffic stop and... View More
I have a misdemeanor theft warrant from 2013. I once filled out paperwork to go to court about 15 years ago but forgot I had an appointment and missed it. Should I turn myself in to handle this issue, or is there another way to resolve it?
answered on Jun 15, 2025
You could contact the court and schedule a court hearing. They will usually recall the warrant when you show up for that hearing (especially considering how minor the charge was). However, keep in mind that they could arrest you for the warrant. It's a relatively minor offense, so I think the... View More
I was arrested after being pulled over for a defective tail light. During the arrest, I was not read my Miranda rights before or after being questioned by the police. I was charged with driving on a suspended license, possession of brass knuckles for criminal use of a prohibited weapon (which were... View More
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answered on Jun 15, 2025
In general, the police are required to read you the Miranda warnings if you are in custody (meaning you aren’t free to leave) and being interrogated (meaning you are being asked questions by police). If they obtain a statement in violation of Miranda, that statement might not be allowed to be... View More
I am 17 years old, and my boyfriend is 22. My parents discovered flirty and sexual text messages between us that date back to three months before I turned 17. There are no existing restraining orders and no previous involvement with law enforcement. My parents have been threatening for 4 months to... View More
answered on Jun 14, 2025
This is a very delicate and stressful situation, and it’s clear you're trying to handle it responsibly while protecting someone you care about. The main legal risk your boyfriend faces is whether the messages—especially those sent before you turned 17—could be interpreted as evidence of... View More
I was sitting in my vehicle that was not running, talking to a friend when a policeman approached, opened the door, and searched my car without a warrant. I was arrested for marijuana possession and later learned my license was suspended due to no insurance. My case is now closed, but I have been... View More
answered on Jun 13, 2025
No, you likely don't have to do the DUI course before getting your license back. DDS only requires the DUI course to be submitted if you are convicted of DUI, the Court may have made that part of your sentence, and you will need to get it done during your probation, but only as a term of your... View More
I am being charged by the state of Maryland for 2nd-degree assault. The victim, who I had one prior police interaction with in February (no arrest), does not want to press charges but provided a statement to law enforcement. There were only police officers as witnesses who came after the fact. Can... View More
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answered on Jun 13, 2025
As a general matter, a victim cannot unilaterally stop the state from prosecuting someone in a criminal case. That is because once a police report is filed and charges are brought, the decision to proceed with the case is entirely in the prosecutor’s hands.
As a practical matter, it can... View More
I have an ongoing workers' compensation case due to severe injuries, including ruptured ankle ligaments, nerve compression, and various injuries to my knee and foot. Although I provided accurate medical records through a copy service, the workers' comp company has submitted false records,... View More
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answered on Jun 12, 2025
Dear injured worker,
Thank you for your inquiry. The information you provided would indicate that your dispute should be handled through the WCAB and by your attorney. The court takes fraud very seriously and can’t issue ruling as to the admissibility of any documentation that was... View More
I have a probation violation for possession of meth and Xanax in Georgia, along with an outstanding warrant. Georgia has not extradited me, and I was released from jail twice. Currently, I'm on probation in South Carolina. My South Carolina probation officer has recently learned about my... View More
answered on Jun 12, 2025
One of the many conditions of probation is that the person is not to be rearrested. This is an interesting condition as most people do not want to be rearrested. But with a new charge the probation agent could decide to hold an internal meeting and then could decide to petition the Court for a... View More
I had a misdemeanor domestic violence charge in 2019. The case was resolved, but my husband, who was involved, never showed up for any court date. I served 5 days in jail due to breaking an order of restraint, which my husband said he removed. Since this happened back in September 2019, I would... View More
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answered on Jun 13, 2025
Yes, the 2019 Misdemeanor DV will show up on your criminal and arrest record. For Arizona, your best option is to do both a Set Aside and Sealing Records. Set Aside will remove the conviction if you accepted a plea deal. Sealing Records will remove it from background checks. Expungement is not an... View More
I'm an F1 student who unintentionally sold beer to a police officer disguised at a bar without asking for ID, which resulted in being charged with a misdemeanor. This was my first offense, and I am now facing a court hearing. Could this affect my F1 visa status, and might it have any... View More
answered on Jun 12, 2025
The short answer to your question is that it may negatively affect your immigration status, perhaps less so because of the nature of the offense and more so because you may have been working while in F-1 status without the authorization to do so. Violation of the terms of one's F-1 status... View More
I made a sexual comment to someone on Snapchat who had previously told me she was 15 years old, but I forgot her age when making the comment. After she reminded me, I immediately blocked her. She mentioned that the cops would be called. Could I get in trouble for this comment?
answered on Jun 10, 2025
It depends on the comment. It also depends on where you were and where she was at the time of the comment. If you really did shut it down, and block her immediately, you are probably OK.
If you sent any explicit pics, that is a different issue. Sending nude or explicit pics to a minor, is... View More
In a situation where I had to drive my elderly grandpa to the hospital because he was about to die, is there any case evidence or legal precedent that allows speeding in such a life-or-death emergency? I have heard that calling the police during an emergency might make it okay to speed. My grandpa... View More
answered on Jun 10, 2025
No. In the State of Tennessee, speeding is only justified for appropriate vehicles, such as a certified ambulance and someone with a proper license.
Speeding is not justified for a doctor or a nurse case manager.
However, speeding in an emergency may be considered a mitigating... View More
During a preliminary hearing, the prosecutor casually placed a post-it note on the table that said, "When you're found guilty I'm going to double your time." The public defender was joking with the prosecutor and did not report this. I feel intimidated and concerned that their... View More
answered on Jun 9, 2025
A prosecutor has no power to add to or subtract from time served. That is up to the judge who hears your case, and depends on whether you are convicted or not. This sounds like an intimidation tactic by the deputy DA, and you should feel perfectly comfortable with your appointed public defender to... View More
During a preliminary hearing, the prosecutor casually placed a post-it note on the table that said, "When you're found guilty I'm going to double your time." The public defender was joking with the prosecutor and did not report this. I feel intimidated and concerned that their... View More
answered on Jun 9, 2025
A defendant represented by a court-appointed attorney has the right to ask the court to conduct a "Marsden Hearing" for purposes of appointing a different attorney. At the hearing, the court will ask the defendant to explain why he is making this request, and at that point a statement... View More
I am concerned about being arrested after someone indicated they intend to press charges against me for egging their car and garage door, which resulted in paint chipping. This incident happened the same night I was involved in another similar act. There has been no direct contact with law... View More
answered on Jun 9, 2025
This is a classic vandalism case. You can be charged with criminal mischief. The "class" of your offense would be determined by the dollar cost to properly repair the damage. If it is between $100 and $750, it would be a Class B misdemeanor.
If this is your first offense, you... View More
My father is serving a ten-year sentence in Federal State Prison after being wrongfully convicted of Medicare Fraud in Houston, TX. The case involved multiple individuals responsible for billing. Despite no new evidence, my father filed an appeal, which was dismissed by the judge for allegedly... View More
answered on Jun 9, 2025
Your father needs to hire an attorney licensed to practice before the Fifth Circuit who handles criminal appeals. That attorney will evaluate the procedural facts to determine whether his appeal was timely. Your father has 14 days to file a petition for panel rehearing from the date of entry of... View More
I was charged with operating a motor vehicle while under the influence of liquor, negligent operation of a motor vehicle, and driving an unregistered motor vehicle. However, the officer's report does not mention any observation of negligent operation. It notes that my vehicle's... View More
answered on Jun 9, 2025
You are getting way ahead of yourself, and should wait to review this with a lawyer. Most of the time an OUI is accompanied by a neg op. There is no path to having it removed because you think the police report doesn't reference it. If you were driving under the influence of alcohol, almost... View More
I'm facing criminal charges for scheme to defraud and grand theft filed by Skateworld. They made financial mistakes, filed an insurance claim for the loss, and were compensated but are still pressing charges against me in Polk County. The sheriff arrested me, and I haven't received clear... View More
answered on Jun 9, 2025
The fact that a "victim" has insurance coverage to cover a loss does not necessarily mean that the fact that a crime may have been committed. It will sometimes lessen the incentive for the victim to want to see the case go forward. Whether to proceed is a decision for the State Attorney... View More
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