Criminal Law

Criminal complaint, no arrest

kpick — Wed, 08 Sep 2010 23:26:01 GMT

I recently found myself between a spat between a friend and his girlfriend in his vehicle. She hit him and his blood ended up on her. I ended up driving her and left him. We ended up arguing about this situation because I pointed out that their child was present. Becoming more physical we exited the vehicle (scuffling). She got back in the vehicle and drove away.

She then filed a criminal complaint. Points of the complaint are; Attempted kidnapping, Assault and Larceny.

No arrest was made of me.

I feel she is trying to protect him by accusing me. Her boyfriend has a past record of similar incidents.

There is a hearing date set. Should I expect this complaint to move forward without witness', arrest and lack of evidence? This is in Massachusetts.

Crying rape in Texas

witticizm — Sat, 04 Sep 2010 05:53:27 GMT

Hello,

I have a 13 year-old niece with a long history of depression, suicide attempts, and anger management issues. My son recently moved in with my sister and her. My niece became very angry because she felt my son was getting all the attention and because he gets on her case for her complete lack of hygiene. She's made no secret of how much she dislikes him. so she decided to tell her therapist that he molested her five years ago. He would have been 15 at the time. My son denies it and I can back him up because I was the caregiver for both of them at the time. The therapist told my sister that the story she heard is different than the story she told my sister...more detailed. The therapist also warned my sister that in my niece presses charges, it will ruin my son's life.

My son moved in with my mother (I live in a different state) the day this news broke.Today my son received a call and a text from her best friend warning him that she's angry that my mother took him in so she plans to go to the police and say he molested her recently. She tried to get her friend to say he raped her as well. The best friend says she will back my son up and, besides that, we have her text saying that my niece wants her to lie. My niece plans to put her diabolical plan into action on Tuesday because Monday is a holiday. She even described to her friend how she plans to cry for the police. She can cry on cue.

When she goes to the police, will he automatically be arrested? Will there be bail set? I'm terrified for him especially if he has to spend time in jail on a child molestation rap. How good are Child Protective Services at detecting lies?

New Jersey Felony Warrant

AdamCC — Sat, 04 Sep 2010 14:22:52 GMT

A friend of mine "who is an indian citizen" had a warrant out for his arrest after he absconded his bail in NJ, for a charge of assault which was later enhanced to aggravated assault. He fled to Canada after being bailed out and was later caught in Canada in a routine traffic stop, thats when they found out he has a outstanding warrant in Jersey.

He was handed handed over to canadian immigration and than deported to India instead of extradiction to New jersey U.S...

so the questions are:

1. Why did NJ did not come to get him in Canada post arrest?

2. Will his warrant expire after a while since it has been almost 8 years since this happened?

3. If warrant does not expire and nor is the NJ Police wanted to come n get him from canada how could he now take care of his warrants?

Absolute immunity (injunction/ §1983)?

ozmentra — Tue, 07 Sep 2010 03:19:14 GMT

Normal 0 false false false EN-US X-NONE X-NONE

Absolute immunity (injunction/ §1983)?

The Federal Court Improvements Act of 1996 amended 42 U.S.C. § 1983 which prohibits injunctive relief against individuals whom perform quasi-judicial function. They have absolute immunity. What has happened since then that has allowed a § 1983 action against individuals whom performed a quasi-judicial parole hearing in Wilkinson v. Dotson, 544 U.S. 74 (2005)?

Can someone please elaborate with reference to supporting authority / law?

Car with false title

Standing — Mon, 06 Sep 2010 01:40:20 GMT

My friend bought a car with a false title. Evidently the seller gave her a fraudulent title. She (we) went to the police, they were no help at all. They told her to go to the jurisdiction of the seller, she did that (quite a few hours away) and they told her they could not help her. She was told she should take the seller to small claims court. I explained to her (she is poor) that taking this person to small claims court does not assure her of money back. Meantime, she's stuck with a car she can't register, it seems that the police are unwilling or unable to help her and we can't figure out what to do.

I bought a truck from a auto dismantler

rtmrtnzjr — Mon, 06 Sep 2010 21:06:31 GMT

i bought a 1984 chevy pickup from a wrecking yard for five hundred dollars I wanted to use it for parts for my truck. It ran good so i registered it salvaged title and started doing body work and 8 months had pasted and the day i was to paint it after work i got pulled over on the way to the shop because I had all the the chrome off and bumpers off which held license plates on they were in windows any ways they pulled me over and ran a check on it and they said it was a stolen truck i told them where i bought it and i was arrested. so i bailed out and then was given a court date which was the first cesar chavez holiday and when i went to court house the guards at the doors said no court today and i was like what do i do. the co said the court will let you know and til this day nothing this was in 2004 i lookeed up my case online and this is what i found

Case Number: 1070994 Case Caption: PEO VS MARTINEZ, ARTURO Case Type: CR Date Filed: 2004-02-10 Case Status: CLOSED

Party Information Party Name Party Type Attorney --> MARTINEZJR, ARTURO DEFENDANT 175495 Count Degree Code Description Outcome 1 Felony VC 10851 VEHICLE THEFT HELD TO ANSWER

Case Events Event Date Event Type Event 2009-06-16 Status PURGE FILE 2004-04-07 Hearing ARRAIGNMENT 2004-04-07 Report CASE DISMISSED 2004-04-07 Status CASE CLOSED 2004-04-07 Report CHANGE IN CHARGE SECTION 2004-04-07 Report CASE DISPOSED 2004-04-01 Hearing ARRAIGNMENT 2004-03-17 Hearing PRELIMINARY EXAM 2004-03-17 Report CHANGE IN CHARGE SECTION 2004-02-18 Hearing PRETRIAL 2004-02-18 Report PROBATION ORDER & TERMS FORM PRINT 2004-02-12 Report BAIL BOND 2004-02-10 Hearing

ARRAIGNMENT

2004-02-10 Status CASE INTAKE 2004-02-10 Status COMPLAINT FILED 2004-02-07 Report IN CUSTODY

ok held to answer what does that mean? i recentky graduated college and

have applied for several jobs that i am well qualified for and should of recieved the job and is this on my background check even though it says dismissed what do i do ?

need to hide my record from possible employers

is_there_hope — Sun, 05 Sep 2010 10:17:17 GMT

Hi,

I am feeling pretty desperate for help. I have recently finished my bachelors in international business and will be starting my MBA next semester. However, i have a problem. When i was 19 i made a big mistake. As a result, i now have an ugly felony criminal record starting with a F2 Robbery, and 3 other charges. I don't qualify for expungement because of the F2. I am now a 26 years old and i reside in Ohio, the state where i got the charges. I want to work in the corporate world, but even with an MBA i know my chances of finding a job will be incredibly limited. Is there anything i can do at all? Can i get the charges reduced to misdemeanors? Anything? If i move to a different state, will that help in any way? I am willing to do whatever it takes if there is anything that can be done. Paying for a lawyer is not a problem as long as there is something that can be done. I had no record previous to this, nor have i been in trouble in any way since. Am i stuck with my mistake for the rest of my life?

Probation violation

bear1_x — Thu, 02 Sep 2010 23:47:53 GMT

Hello. My boyfriend pled non contest to a crime and received 5 years felony probation. Today, the cops were called out to our house and they noticed a can of beer. They arrested them even though I told them it was mine. He isn't supposed to consume nor be around alcohol...and this I just found out. Since they declared it violating probation, what could happen? He's up to date on everything. Every other time the probation officers came to our house, we invited them in even though they never take the offer. WHat do you think could happen to my boyfriend? I just need some kind of answers. Thanks.

Charged with assault when trying to defend yourself

deb1986 — Fri, 03 Sep 2010 00:51:09 GMT

My two cousins have been fighting for the last 5 years when one moved back to the property shared by them...1 is always threating and attacking the other...the cops have been there a number of times...they both have been arrested in the past...with 1 being arrest last year trying to defend himself...he got out of jail had to do classes and all that the court had asked him to do...Well Sunday night the 1 started harassing the other while he drunk started telling him he was going to kick his [butt] and kill his dog...and went up and punched him which started a fight and he ended getting his butt kicked and the one who defended himself is in jail bail is $100,000.00 and they won't tell us what he being charged with....he had court on Tues and again today...still could get no answers... I have been trying to call his PD and she won't return my calls... Please help with some kind of advice....

Felony Theft Louisiana???!!!!!!!!

Shelly1968 — Sun, 05 Sep 2010 16:35:47 GMT

Simply put........My son was employed at a local convenient store, person came in to purchase several things, his cc did not work. Son had seen a gun on him so when he was verbally told just to turn around that he was just going to take these things, my son let him. Now my son is being charged with felony theft because he did not report it. He did not report it because he felt afraid if he did the guy would come back after he bailed out......etc...... any advise?

Those who read my post and answered it

Abraham7 — Sat, 04 Sep 2010 18:11:30 GMT

Thank you for all your opionions and suggestions. I will try to be more precise and more into the point of my concern of the laws interfearing in my life.

Have a wonderful labor day.

Expunction

MNUCEH — Sat, 04 Sep 2010 15:57:00 GMT

This past year I went thru a criminal case regarding sexual assault and the case was dimissed. The same attorney handling that case was also hired to get the record expunged. I have had no contact from that attorney since he was paid but aware he is still handling cases in the same city. I've emailed, called and text him without any responses. I also check with the District court clerks office regarding any filings for expunction and none filed. My question is what is my recourse at this point since the attorney was hired and paid but he has failed to communicate and do the job he was paid. That's My first concern!

Secondly, Am I eligible for expunction since the case was dismissed per the complaintive requests. I have no other criminal background. Yes I was arrested(walk thru bond/turned myself in without a physical arrest and released immediately(non-arrest bond).Are there statue off time regarding Expunction and since the attorney hired never filed for one, what is my recourse of action.

Lastly, I'm up for review on my current job, state licensures and have been offered a couple of new positons outside of where I work now. I know 'Honesty is best Policy', so I plan to do so, but how will this record effect me with employment, schooling, etc.

threatened landowner

bcadk — Fri, 03 Sep 2010 10:19:15 GMT

i live in missouri in rural county setting on 100 acres. is it legal to use threat of force when confronting a known , prewarned/banned, and agressive trespasser

on my property ?? (ie; trespasser on tractor w/hay-spikes front and back in backyard defying my directive to stay off property)

individual repeatedly defied directive to obtain permission before entering property behind my home (main reason is the rifle range benches berms out to 800yards ) no brainer i thought dont be down range without

permission or knowledge finally ordered man to stay off (works for farmer who buys my hays sometimes )

when confronted last time behaved as was goig to run me down with tractor would it have been legal too display firearm to show means of defence ?

bcadk

anyone know about these charges 12021e and 12025a2

kristy1978 — Fri, 03 Sep 2010 16:26:36 GMT

so my boyfriend was arrested on a 12025a2 he was not carrying the fire are it was unloaded it was in the house he was outside in front yard .and they added 12021e i thnk theyr tryn to bring up his juvinile record he is now 25 with no adult record only drivn without a license. at court today the attorny said they can't use the 12021e he needed to research that and coyrt to continue on sep 23rd im so confused on whats ganna happen! his attoney is a way to busy to return my calls i even emaild him for a bail; reduction no response !!anyone think they can give me some advise pleasee thanks.

Traffic Court - Speeding

ChilinMIchael — Sun, 09 May 2010 01:05:47 GMT

I have been accused in NYS by the DMV corporation of doing 81 in a 55 (State Trooper issued this), it was done by Laser, and his other "accusation method" is visual speed measurement. I took this to traffic violations court, where I had issued subpoenas already, where State Troopers told me I have no right to pre-trial discovery, we also tried to issue it in person at the HQ's where they said they do not hold records and it would have to be sent to Albany, and also sent it to DMV themselves. The judge took notice and gave item numbers for each, but still found me "guilty". While the officer made his testimony, I had said "objection your honor, there is no judicial notice to one's ability for visual speed measurement" which he stated some NYS cases without telling what they were about or anything of the like. I have appealed the case, and I am writing down anything and everything I can to prove how the officer is wrong. He failed to provide the laser calibration for the gun, amongst other things the certification for the gun. The officer also looked different from what I remembered of him. What can I do during appeal to help my case?

Physicians Assistant Took My Prescription .....

hartedah — Thu, 02 Sep 2010 07:19:37 GMT

I have been under the care of a pac for the past year (and stuck with her until next month). I brought her all of my previous records for adhd med. She changed the medicine to adderall XR which has not worked but she wouldnt change it. Four different times over the past year she has written the rx wrong so I was only able to get tablets instead of extended release which I can't do. When I brought it to her attention (it was after the rx was filled and paid for) she made me bring it to her office. She kept the filled medicine each time. She refused to give the correct rx unless she kept the other pills. I didnt think this was legal but couldnt really do much about it. Yesterday, she was a couple of days late writing it. Once again, I saw it was the incorrect meds once I brought it home. My wife and I, left our car in the driveway all night but I dont think that's what happened. My wife took the bottle into her office, waited one hour and was told it was "vitamins" not the medicine. The police called this evening demanding to speak with both of us. We were accused of fraud and I was told if I didnt return the right pills to the dr. (she would give me the other rx) I could be arrested tomorrow! It would be a class c felony of fraud. How would it be a felony considering I paid for it and it was written to me? I thought it was illegal for a physician to take/keep a patient's rx, anyway. Could someone, let me know the laws on this?

False Background Info

CarrieL — Thu, 02 Sep 2010 19:40:09 GMT

A friend of mine is a Sunday School director at his church and has been for 10 years. He has also worked with the youth in churches in Illinois. After a recent conflict in his teen class, one of the parents did a background check on him and supposedly found information stating he was a pedophile. She then went to his pastor with this information, and the pastor obviously saw the same thing in print. I'm not sure of the website.

My friend was called into the pastor's office and asked was he ever arrested or imprisoned on these charges, and the charges were denied. He has still been asked to "get this cleared up".

My question is are some of these reports made in error, and if so, how can this be corrected? This is a serious allegation and could ruin my friend as far as his job and his ministry. What can I do?

prev. wrote and asked about codes. UPDATE

AJenkins1989 — Thu, 02 Sep 2010 12:00:22 GMT

Well as everyone knows yesterday i kept stressing to know what certain codes ment. i will say thank you to everyone who replyed. but to this point in time i never did find out what BALC ment. i would still like to try and find out. but anyways here is the outcome of everything.

UPDATE:

my fiancee turned himself in with our bails bonds people and they took him straight to the commissioner and set a bail for him and he was released. all he has to do is carry a paper so if we get pulled over they can NOT take him. I owe it all to our bails bonds they are great.

Probation

Eugene2 — Wed, 01 Sep 2010 14:19:11 GMT

If probation is issued to a person that states no fire arm permits, no alcohol and many other things and the individual is seen in a bar with friends, is this grounds for revocation of probation? I do not know if the person was drinking alcohol but being in a bar does start suspicion. So my question is, if you are told you are not allowed to consume alcohol and you go to a bar anyway is that a violation? Or must they be proven to be drinking?

??? another code ????

AJenkins1989 — Wed, 01 Sep 2010 12:31:29 GMT

what does this mean BALC;100; ;915

i really want to find out what this means please help asap

spouse rights????? for 2nd degree assault

AJenkins1989 — Tue, 31 Aug 2010 19:22:20 GMT

my fiancee and i both got charged with 2nd degree assault. that neither of us pressed against each other. but the police did. my question is if we get married like we have been planning for the last year will everything get dropped due to spouse rights????? cause that is what the states attorney said would happen but then i got others telling me cause we are not married when it happened that there is no spouse rights. so which is it ????

Need help on some codes

AJenkins1989 — Tue, 31 Aug 2010 14:22:25 GMT

okay, so i checked my fiancee's background online, for an update. and we seen he has a warrant out for him. but we cant seem to find out what kind of warrant it is. also i need help figuring out these codes or whatever they are, someone please help asap. here is what the codes are

MOTN 08/13/2010 VOP WARI 08/13/2010 100813;ZQ 17 ;2;VOP;D10080097-6 BSET 08/13/2010 100813;00000000.00;BALC;100; ;915

what does these mean *****worried mother of 3!******

When can a citizens arrest be illegal?

Krazei28 — Sat, 28 Aug 2010 15:16:19 GMT

Yet another question but here we go. Friend recently backed in to a car in a parking awhile back. After backing into the other car, he pulled his car forward maybe 50 feet, stopped, turned off car, and got out. Once he got out he was meet by an angry man that took keys from my friend and accused him of attempting to leave the scene. Several minutes later, a security guard arrived and despite never seeing the accident or anything related to it before or after, put my friend in handcuffs and said he was placing him under arrest (Mirandized and everything) for leaving the scene of an accident. Also told him that if he didnt comply, he would place him under arrest for resisting too. About 20 minutes after this, the police showed up and IMMEDIATELY placed my friend in the their handcuffs, then started to conduct investigation. Subsequently, they charged my friend with Public Intox and OWI. Curious as to several things around this...

Can a citizen make an arrest despite never seeing the crime?

Can an officer continue that arrest or detainment before he has probable cause to believe it or any other crime has happened? (Never was charged with leaving the scene)

Would any of this constitute and illegal arrest and if so, would their be grounds to dismiss or suppress any evidence gathered afterward?

Please only serious replies, those of you who have nothing better to answer with than "well they did it so it must be ok" need not respond. Any HELPFUL information appreciated, thank you.

dissmissal on grounds of "timeliness" question

Boldty653 — Tue, 31 Aug 2010 15:11:09 GMT

In the state of Michigan, is it written somewhere that a defendant has a right to a preliminary exam wtihin 14 days of his/her arraignment?

-Thank you

Extortion, Blackmail, State of Missouri

dhodge71 — Sun, 29 Aug 2010 01:21:10 GMT

I have an ex boyfriend whom will not leave me alone. He wants me to do sexual things with him. We have a child together whom he has custody of, which he filled out the form for child support enforcement and told them he didn't want child support. He also has some not too appropriate videos of him and me, which I am not too proud of. He keeps sending me threatening emails, texts, and postal mail saying he is going to go to my boyfriends work and deliver the videos if I do not have sex with him. Says he will open the child support case back up, and file criminal charges on me for getting a credit card a year ago in his name that he said I could have in the first place. I have gotten a restraining order against him, but even that does not deter him. Is there anything that I can do legally? He has already distributed the videos to my boyfriend by going to his job and harassing him.