legalfiction677

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legalfiction677 last won the day on June 25

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About legalfiction677

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  1. That's why I said I found it a bit unusal that he would be on here asking us for any advice on how to pursue any charges as investigators normally consult with the DA's office for their advisement in investigations and criminal charges to file.That is police protocol in most police agencies.
  2. By this statement,I'm gather that you are a police investigator working on this case,but I'm puzzled as to why your on here asking for advise on how to pursue a felony charge against the suspect in question when it is standard procedure in most police agencies to consult with the DA's office as to what legal options you have in regards to what if any charges that can be filed.Police agencies most often confer with the DA's office for advisement on probable cause,obtaining warrants,and possible charges.So,to me,as an investigator,this is a bit usual.
  3. Hey there,I don't think it was his intention to be funny or seem insensitive toward your situation.On the "net" though things can easily be misperceived,that's just the nature of things on here. Anyway,your situation for the most part is a "civil one,"and needs to be addressed either in Small Claims Court,or State Court,depending on the amount in controversy. Really though,with forged signatures not yours or your husband's,and the fact you still have the "Title" to the vehicle,I can't imagine,if you filed suit,that the other parties involved would want to actually go to court to be exposed for criminal fraudulent activity. Now,I'm just basing this on the information you provided us,but it does seem that you have a very "provable" case.
  4. From this here,he seems to be implying that the driver hit this girl,kept going,and was never caught.Now he wants to know if he could still be charged if apprehended. Personally,the only chance I can see where he would be apprehended,is if they get a DNA match from those drops of sweat on the beer can,with someone in their database.
  5. It's a shame people who seek out legal help on here have to put up with jerks like the one your referring to here.But don't take it personal,he's been very rude with a lot of posters on here,including me,but I've got him on my "ignore list,"and you can report him as well,although,I done so without any success,it must be a "click" thing on here. Anyway,I'm sorry,I overlooked that the incident took place in Florida,and not Kentucky.Even though,I read it,not use to commenting on posts where the poster is referring to another state then the one their in. However,everything I said still applies,and still one of the biggest issues for you now,is to find out what the law in Florida was at the time these crimes took place.The,then existing law,on Statute of limitations would be the "controlling one."good luck sir.
  6. Thank you Sir/Mam,for being as detailed as you have on this matter,it really makes things easier when trying to answer any questions presented to us on here.Now on to the important issues in your post. First off you seemed to have covered the fair range of possible charges that can be brought against this individual,and on that note the state could conceivably bring any,and all the above charges,as long as the "elements' of each offense charged is supported by the facts of the case. Many times,the prosecution,will file multiple charges,as their strategy is to get a conviction on something,either through a plea bargain or at trial.A lot of people refer to the practice as the " bargaining chips of the prosecution." It is highly effective in most cases too. Anyway,to partially answer your question on "Statute of limitations," in Kentucky,I've posted a link for you to view.Apparently there doesn't seem to be any statute of limitations in Kentucky for all felony offenses.You should,however,follow up with a Criminal Defense Attorney,as laws constantly change,and the crime you posted about here took place 15 years ago. The big question now becomes,"What was the law on Statute of limitations,at the time the "Vehicular Manslaughter," or other related offense took place?Here's the link below,and I hope this helps. http://solomonesq.com/2012/09/statute-of-limitations-so-long-ago-but-charging-me-now/
  7. LOL,WOW,that's what I love about lawyers,is being able,and determine to argue a point,but in your case it's redundant over kill with nothing new added to what I've already stated. I thought the OP who claims no legal training at all,was confusing two separate issues,an enhancement from a prior charge with statute of limitations which would not have applied to either his prior or current charge,but did not know the relevance to the meaning of the legal term with regards to an "enhancement.With that understanding,and the way in which she worded the question,it would indeed have took an experienced Attorney to be able to "read through" what she was asking.However,what she wanted to know,and the "wording of her question was two different things,and oh my goodness,the times I've seen some of the so called "legal experts on here get a poster question confused with something else they were asking. Even so,I stated,"I'm not sure what you mean by "enhance,"and then without guessing what she meant,I attempt to explain what statute of limitations means in the more traditional sense of the word,which of course is correct. Nobody on here's a mind reader,go figure that out.
  8. Once again,you got my post all twisted up,and have failed to understand what I was saying.So let me try to explain this a little differently. A majority of states have a statute of limitations for all crimes except murder. Once the statute has expired, the court lacksjurisdiction to try or punish a defendant. Criminal statutes of limitations apply to different crimes on the basis of their general classification as either felonies ormisdemeanors. Generally, the time limit starts to run on the date the offense was committed, not from the time the crime wasdiscovered or the accused was identified. The running of the statute may be suspended for any period the accused is absentfrom the state or, in certain states, while any other indictment for the same crime is pending. This suspension occurs so thatthe state will be able to obtain a new indictment in the event the first one is declared invalid. The OP was charged and convicted in 2004 with a Class A Assault,and received a 90 day sentence.Obviously no "statute of limitations there as he was caught,and convicted. The OP's current charge for which he is currently in jail,is a Class A Family Violence Charge.Once again,obviously,this just happen and he was arrested,and charged,so,no statute of limitations here. Now the question he ask was To which I responded So,please,take the "enhance" part out of the equation,and quit saying ,I guessed at something,when I admitted I didn't know what he was talking about,nor attempt to answer on that point.As the above definition of Statue of limitations indicates,I was again,very correctly stateing ,they are separate issues in the traditional use of the legal term,and have nothing to do with either his past or current charges with neither one being timed barred. If your going to say,I guessed on something and then tried to answer it,you need to find the specific post to reference that or quit saying it.While trying to make me look bad,it does just the opposite..
  9. Btw...These are very serious charges,and unless you have some really good solid evidence that the victim is mistaken,wasn't you,prosecutor won't be dropping these charges.
  10. I'm sorry that this may be having an impact on your employment search,but what you have described is two very "unrelated" incidents,your charge for disturbing the peace,and his drug related charges,separated 2-3 months apart.You can make the pieces of two different puzzles fit together,or two different cases connect. If that were the case,just think,every person arrested by this corrupt officer,could come forward,claiming their charges should be dropped or their conviction should be wiped clean because a "bad cop" arrested them.No,it doesn't work that way.
  11. Thank you very much sir/mam for your imput on this,but I did not guess on that one point,and try to provide an answer.I expressed not knowing by stating,"I'm not sure What you mean by "enhance." I said that because he also ask, I then answered that by saying, When, he used the phrase,"Statute of limitations,I explained to him,very correctly,I might add,that the sentence/charged enhancement part that you are referring to,has no bearing,on a statute of limitation,and refers only to the time limit the state has to proceed forward with a prosecution on a particular offense. By all means,feel free to read things carefully before you misconstrue something I say.
  12. The victim is also a "witness,"and depending on their reliability and any other evidence obtained,the prosecution will weigh all the evidence,and decide whether or not to proceed forward.Right now,the ball is in the corner,and should consult with an attorney..
  13. On parole for what? I'm not sure what you mean by "enhance" In any case,statute of limitations applies only with regards to how long the state has on a particular offense before it can no longer proceed forward with a prosecution,and that varies from one offense to another. The most important issue here though is his "parole status"You stated that he is in jail on parole violation for this latest charge for " Domestic Violence" Yes,they can revoke his parole,even more so when someone catches a new charge.The process of parole revocations is far more laxed that the procedures that must be followed in a court proceeding,meaning that,a parolee doesn't have all the safe guards,and "Rights"that a criminal defendant has in court.
  14. Your first question depends on what Alabama ,has classified the offense as.On that,you should consult with a Criminal Defense Attorney. A warrant is valid without any time restrictions,and you can be arrested at any time.It's most likely,a "Bench Warrant,"for failure to appear on your court date. Any jail time you serve or whether you receive a jail sentence,depends on what your attorney can work out with the DA's office.
  15. I might be the lowest on the Totem Pole here,but I do stand for what's right,and you were out of line to attack a fellow member on this forum like that.He doesn't know anything about you or the details of your case,but was trying to tell you what happens in an ""initial appearance,"and now you have twice been given the answer on that.If you post on here in the future,be sure to leave your bad attitude and assumptions elsewhere.