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  1. CdwJava

    Property Invasion, Damages, Trespass Can the child of the homeowner kick someone out?

    Well, you can TRY to call the police when this girl is ranting and raving, but don't expect them to do much about it if she quiets down. As for getting her out, as others have said, the person responsible for the home will have to look into the legal process to remove her.
  2. CdwJava

    Drug Crimes, Substance Abuse Warrant

    Then work with your attorney and hope that your "proof" is better than theirs and that the information might be sufficient to get the warrant suppressed. Oh, and to prevent this from happening again, perhaps you might consider getting clean.
  3. CdwJava

    Drug Crimes, Substance Abuse Warrant

    It is highly unlikely that the police obtained a search warrant based upon a single report from a single informant. I know *I* would not want to go before a judge with such slim evidence. As AJ suggested, it is very likely that the police had more than that one informant to base their...
  4. CdwJava

    Assault & Battery statement

    Did you sign a statement CONFESSING to a crime? Or, did you sign a statement alleging that your partner/loved one committed a crime against you? As mentioned by Army Judge, before you consider recanting or changing what you wrote or admitted to, consult with an attorney so that you might...
  5. CdwJava

    Other Criminal Charges & Offenses Penal code 667.5 b ×8

    It likely means that it's 8 counts. Now, the section (PC 667.5(b)) relates to sentencing, so it may be that he has to go back and face sentencing on prior cases ... (b) Except where subdivision (a) applies, where the new offense is any felony for which a prison sentence or a sentence of...
  6. CdwJava

    Dwi

    Your attorney can try to make the argument that there was no lawful reason for the stop. If he prevails, the whole matter will likely be dismissed. However, I strongly suspect that the officer will have some other observation to justify the stop and not simply a right turn on a GREEN light.
  7. CdwJava

    Lewd conduct

    His attorney should be able to tell you what the potential sentence range might be. What has he or she said about the case?
  8. CdwJava

    Homicide, Murder, Manslaughter Second Degree Murder

    Yep. Sometimes a decision is made to lower an offense to all but guarantee the elements can be met at trial rather than run the risk of a dismissal if a lesser included offense cannot be considered.
  9. CdwJava

    Wife took both vehicles

    Arrested for "statutory rape" in 24 hours?!?! Uh ... what state is this in? Sorry, but I don't see it - not at all. His word, alone, is not likely to result in her arrest from her house where she does not reside with the alleged victim. It forces the state to bring the matter to court...
  10. CdwJava

    Homicide, Murder, Manslaughter Second Degree Murder

    Probably because it did not appear to be planned ahead of time, only at the time of the incident. In other words, it was an intentional act conducted in the heat of passion. Try this link for more info: New York First Degree Murder Laws - FindLaw
  11. CdwJava

    Prison, Jail Robcb

    If they have not yet issued an arrest warrant for you, they soon will. While it's not likely you will go to prison for 4 years, it is IS likely that you will do some time for the violation. Go see that psychiatrist, and take your meds.
  12. CdwJava

    Jail Fta

    No one can say what the court WILL do. They MIGHT do just about anything. He will have to wait and see.
  13. CdwJava

    Run away

    Yes, you could. And probably will. And if the cops find you, they will likely drag you home ... and the people you are with may face potential criminal charges as well. And if your parents have any sense of discipline about them, when you get back you'll be grounded, lose phone and computer...
  14. CdwJava

    Run away

    A child is generally not going to be charged with a CRIME for being a runaway, but the people that aid and assist said child can be. Plus, being a reported runaway will result in an entry in a national database that can be discovered as part of a comprehensive background check later in life...
  15. CdwJava

    Criminal Records, Expungement A general question to criminal records

    Check here for criminal offender records in MA: http://www.mass.gov/eopss/agencies/dcjis/
  16. CdwJava

    Criminal Trials, Hearings Is there a statute of limitation on a criminal case

    Because the case has been filed, the SOL is not an issue. I suspect that there have been a string of continuances in the case. You can always urge your current attorney to try and push for the matter to go to trial if that is your preference.
  17. CdwJava

    false arrest

    These questions are why you really need an attorney experienced in appellate and federal matters. A lot depends on the specific nature of your suit and the allegations. It sounds like you are claiming that you had ineffective counsel at your original trial. I'm not sure how that possibly...
  18. CdwJava

    Shoplifting, Larceny, Robbery, Theft shoplifting ????

    Also, depending on the jurisdiction, there are counties in the Bay Area and in So. Cal. that are now filing petty theft and shoplifting cases electronically to police departments without the police actually showing up. While that may mean no immediate citation, it could mean that charges may be...
  19. CdwJava

    When does an employee become eligibility for pension benefits

    You can inquire with them directly: https://www.calpers.ca.gov/ They can tell you how much you have in the system and your eligibility to withdraw it based upon time and age.
  20. CdwJava

    Children of Opposite Sex Sharing a Room

    I agree. As a past foster parent, I found some of the rules to be somewhat befuddling. It also made for two sets of standards (my kids vs. foster kids) with regards to discipline when it came to children. It could make for a difficult family dynamic to muddle through.
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