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LegalwriterOne

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  1. Like
    LegalwriterOne got a reaction from Legalwriter_KY in Woman faces 33 years for trafficking charge   
    The first count is a first degree felony.  The person is designated as a major drug offender, and the court shall impose as a mandatory prison term a maximum first degree felony mandatory prison term which is at least 11 years. 
  2. Upvote
    LegalwriterOne got a reaction from PayrollHRGuy in Threatened with home seizure in criminal case GA   
    That surprised me since civil forfeiture has been in existence in GA with regard to drugs for years.  The legislature amended the code effective in 2015 to add a statute under the civil code (Title 9, Chapter 16).  It got a lot of online coverage at the time.  It may be in civil code but the forfeiture is tied directly to your criminal case....
  3. Like
    LegalwriterOne got a reaction from Idontknow in Threatened with home seizure in criminal case GA   
    That surprised me since civil forfeiture has been in existence in GA with regard to drugs for years.  The legislature amended the code effective in 2015 to add a statute under the civil code (Title 9, Chapter 16).  It got a lot of online coverage at the time.  It may be in civil code but the forfeiture is tied directly to your criminal case....
  4. Like
    LegalwriterOne got a reaction from Tax_Counsel in Death of CHP officer by intoxicated driver   
    What he is booked for doesn't mean anything.  It's the DA's office that files charges, not the cops.
  5. Like
    LegalwriterOne got a reaction from pg1067 in Death of CHP officer by intoxicated driver   
    What he is booked for doesn't mean anything.  It's the DA's office that files charges, not the cops.
  6. Upvote
    LegalwriterOne got a reaction from MiddlePart in 3rd degree retail fraud   
    I don't know what you mean by second chance but under section 750.356(4)(b) you are facing a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment.  If you are asking whether a theft conviction will effect your future licensing or employment, the answer is it's very possible and probably likely.  Consult a local attorney.  
  7. Upvote
    LegalwriterOne got a reaction from onarevolution in records   
    You're going to have to be a little more specific with details.  If you had a case where you placed on probation that was later dismissed, the dismissal would be by the court, not the DA so it would be in the court records.  Whether or not you need to petition for an expungement depends upon what kind case it was and how it was handled.  If you placed on diversion, the dismissal upon successful completion works to eliminate the conviction and there's nothing to expunge.  If a cop stopped you on the mistaken belief you were still on probation, whether or not charges could result from whatever they found depends upon the specific facts. 
  8. Like
    LegalwriterOne got a reaction from davidjblundell in Child Support Arrears and traveling   
    There are two ways in CA to pursue the contempt of a court order.  One is civil that requires personal service of the contempt citation.  The other is criminal and no notice is required.  The DA can just file charges and have a warrant issue.  There is no way to know if either or any action is pending....As to the US passport, failure to pay child support, when reported to the feds, will operate to suspend or deny a passport to the offending parent.  If the border agents are on their toes and check the poster out upon entry, they'll know that...
  9. Upvote
    LegalwriterOne got a reaction from Mastermason in 911 please help   
    In CA, even if the judge finds insufficient evidence at the prelim for some counts, the DA can still charge them in the information.  The defense has to file a motion to set aside based upon the prelim magistrate's findings in order to get them kicked back off.  If you are charged with a crime of violence, the DA can bring in evidence of prior offenses involving violence even if you weren't charge or convicted of anything based upon those prior acts.  No one can force you to testify if you don't want to.  Prison priors will increase the sentence as will prior strike convictions.  I have no idea what else you're looking to find out.  It would be more than highly unusual for a prelim transcript to be inaccurate....If there are problems, your attorney can address them with the court reporter.
  10. Downvote
    LegalwriterOne got a reaction from MSmithAZdad in Arizona Charter school expulsion   
    Look into finding a local "alternative charter school."  There are more a few that are designed for children such as yours.
  11. Like
    LegalwriterOne got a reaction from mrbluesays in How do I subpoena from Facebook's server ?   
    As just a side note,  Facebook is notorious for fighting subpoenas except when issued by a prosecuting authority. 
  12. Upvote
    LegalwriterOne got a reaction from AlienVision in How is this possible?   
    She's feeding you a story.  The department of corrections doesn't have the power to reduce parole or probation the court's approval.  It would be unheard of for probation to be deemed completed before the inmate was ever released from custody....and the court would not agree to terminate probation when there are outstanding fines and other terms the person has yet to meet.
  13. Upvote
    LegalwriterOne got a reaction from karclark in question about custody   
    Is there an order giving him set visitation with the child?  If there is, then  you will need to seek a modification with the court.  If there is no formal custody/visitation order than you aren't legally obligated to give visits.
  14. Upvote
    LegalwriterOne got a reaction from nataliepturner in Right to "travel" without a licence on hwy   
    The right to travel does not mean the right to travel by driving a motor vehicle if you are not properly licensed. The websites and persons who tell you differently are wrong.
  15. Upvote
    LegalwriterOne got a reaction from SammieGIrl in Big rig broke down within 2 weeks!   
    The CA lemon law doesn't apply to used vehicles, big rig or compact car.  Unless the dealership provided a written warranty, the sale was as-is and the cost of repairs are the buyer's problem.
  16. Upvote
    LegalwriterOne reacted to JackofTrades in Requesting a change of venue   
    I am considering requesting a change of venue?
         Can I request this anytime ? I filled an ECO mid summer, my ex has had supervised visitation and still currently has them
    its still going my way sorta but we had a pre trial conference and there was some modifications to the supervision in my ex favor but its still supervised
    my ex has a family member that has worked for the court house for years but not currently at the time but my ex family member has traveled 600 miles one way to be at every hearing. and my ex family member  has conversations with multiple people working in the office I'm talking like hugging and I miss you like my ex family member was friends with everyone, and I know my ex family member was really good friends with someone that was high in authority in the court house. why I know is because I have been in this persons house to attend his pets when they are out of town a couple times. I like to think they wouldn't intervene in the safety of a child.
    I am a very humble person that thinks the best in everyone and I have new evidence that should be a nail in the coffin but should I present it before the request or should I just ride this out if a judge doesn't go the way I want then request a change?  
    I am paying for legal help and I have brought this up but they said the judge would do whats best for the child at the first hearing my legal help even recognized the family member we are going against. and the judge already said that this was not permanent or a punishment for my ex and the judge said she personally knew my ex family member and granted her over nights when they are in town
    and I'm tired of forking out money when I am completely capable of raising my child and letting my ex have visitation when ever they want I haven't tolled my ex no in 8 months on visitations     
  17. Upvote
    LegalwriterOne reacted to anker in videotaping   
    While visiting my 89 year old Mother at her home,I was threatened with bodily harm by a caregiver. I filed for guardianship because of the care my Mother was receiving from these caregivers. I am soon to be appointed guardian and they are very angry, knowing they will soon be replaced. I have always been respectful when visiting. My question is, can I secretly videotape when visiting my Mother, and can I show it to the police if they threaten me again. There are always two or three caregivers and it would be three caregivers denying any threats made to me. 
  18. Upvote
    LegalwriterOne got a reaction from joejoe82 in Misdemeanor 5th degree Assults / Firearms possesion   
    Domestic violence is a crime of violence regardless of whether it's charged as a felony or misdemeanor.  AND, as was already pointed out to you, Federal law prohibits anyone convicted of domestic violence from every owning, possessing or purchasing a firearm.  Federal law overrides any state law to the contrary and the federal firearm ban is for life. 
  19. Upvote
    LegalwriterOne got a reaction from bblacet1966 in My husband was convicted of contempt. And defaulted AGAIN. Now what?   
    If he's in another state, you would need to domesticate the judgment that ordered the support in order seek enforcement of the support order there.  No one on here can walk you through that.  You will need the assistance of counsel in that other state.
  20. Upvote
    LegalwriterOne got a reaction from Hereforinfo in Custodial spouse passes how does non-custodial obtain custody   
    Petition the court for an order changing custody and terminating child support.  Consult local counsel. 
  21. Upvote
    LegalwriterOne got a reaction from EmilyV in Take or Refuse Sobriety Tests?   
    No one is required to submit to the field sobriety tests.
  22. Upvote
    LegalwriterOne got a reaction from AbbyS1985 in Newborn Hearing Test   
    They already tested the baby and have a concern so they issued a referral for a retest by an outside audiologist.  According to the published protocal, ( https://idph.iowa.gov/Portals/1/userfiles/77/Newborn Hearing Screening Protocol-11-08.pdf  ) you can refuse but you have to do it in writing.
  23. Upvote
    LegalwriterOne got a reaction from Mike123123 in Phone Bots   
    Yes, he could be sued BUT fraud can be a crime.  If it involves interstate commerce, the feds could pick it up just as any state where an app is originating from could pursue charges. 
  24. Upvote
    LegalwriterOne got a reaction from Mike123123 in Phone Bots   
    First, when contracting with an app to watch a video or play a game, you are likely representing that you are a person and that you will personally do the task for the cash.  When you use a bot, that's not you and you aren't personally doing the task which would constitute fraud.  Second, earning from whatever source should be reported as income to the IRS.  Even gamblers and pot growers have to report their earnings.  However, if you didn't pay taxes, it depends on how much you made.  I suspect you made less than $5K so you would owe no taxes and wouldn't have to file. 
  25. Upvote
    LegalwriterOne got a reaction from roses3 in 3RD Party check fraud& Forgery help   
    You're still going to need testimony from a medical person--one that treated your mother.  The medical records are hearsay and someone will have to testify that was a witness to the representations by the person who authorized the termination of life-support.
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