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Criminal Law

~27600 answered questions
Parent Category: Law & Legal Issues
Crime and Criminal Law is the place to ask and answer questions about law violations and arrests. It is not for asking how to commit a crime. Questions here will help you understand how criminal law works and what happens when and if you commit a crime.
Contact a Family Law attorney. Preferably the one who handled the original custody agreement. He/she will tell you if you have a valid case. As difficult as it may be to believe, there are some states that would not grant sole custody even under those circumstances,go figure! Although if he has been…
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Yes they can because you have two charges against you and each one has to be handled in court separately. The judge will look at the person before him and if it is a first misdemeanor offence will generally go easy on that person, but two is getting up there and it appears that person has not learne…
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IT DEPENDS ON THE JUDGE;HE HAS LAST SAY IN EVERY THING,THEY SAY THERE'S A THREE STRIKE LAW WITH FELONIES. YOU SEE THEY CAME UP WITH A THREE STRIKE FELONY BECAUSE OF THE HEAVY DRUG TRAFFICING BACK IN THE DAY,THIS LAW WAS MADE SO ANY ONE CAUGHT SALING OR TRAFFICING DRUGS WAS A LAGITAMIT KNOW FELONY AN…
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Cheryl, the court order will instruct the sheriff to bring the car in or the debtor if the debtor cant/wont produce the car. Its called a 'writ of replevin".If the car has been STOLEN, go file a police report NOW. Otherwise, there's NO reason for you not to be able to produce the car for the nice sh…
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YES,in most states it IS a felony to conceal mortaged property.It doesnt matter if it is the debtor , a loved one, or a stranger. If you could just hide a car and not pay for it, think how many cars would NEVER be paid for. Wouldnt that be nice? FREE CARS.. not in this lifetime. Just pay the notes o…
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YES, its likely called "hindering enforcement of lien or security interest. " the lenders figured out long ago there'd be times like that and got the law passed against it.
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When we take a report, we don't always require positive ID. Of course, that depends on the nature of the report. When I arrest someone and they have no ID, I have to use the name that they give me. Then, once they're fingerprinted and we get their true identity, the name they gave becomes a part of …
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A violation for incorrect passing will stay on your record for up to 3 years in most states. Although sometimes if you go on court supervision it will be off your record in a month.
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In most cases if the officer doesn't show up to court the ticket is dropped, but it depends on where you get your ticket. If you get a ticket in my home town the officers don't have to show up and you'll still have to go before a judge or pay the ticket.
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http://www.shusterman.com/deport.htmlADJUSTMENT OF STATUSA deportable alien who is the parent, spouse, widow or child of a U.S. citizen may be eligible to apply to the Judge to adjust his status to that of a lawful permanent resident. Also qualified to apply for adjustment of status are many aliens …
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First of all, why were you stopped? I seriously doubt that by itself constitutes a felony. But if you already have ANY outstanding felony warrant(s) that's discovered when they run you through NCIC you can expect to be arrested. If you had a license and it was suspended that's much more serious than…
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It isn't illegal unless the application has a clause stating so, if you deliberately mislead and/or lie about information. They will probably find out though, and any chance you may have had to be hired (or if hired you will be probably be fired) will go down the drain. It is always illegal to use a…
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yes they can   Technically in the U.S. people are innocent until they're proven guilty, which is why applications ask about convictions. In reality, they will suddenly decide that another candidate has better experience and qualifications than you do. There's nothing illegal about that.
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You didn't mention whether the debt has been paid in full. If it has then get documents from the court or the lender that prove that. Then submit in writing to all three major credit reporting agencies your docs with a letter of explanation. The P.R. judgement will stay on your report but it will be…
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No. Nor can a person lose a job for BK or garnishment actions. There are probably ways for an employer to "get around" the law by using other reasons. Why is anyone's guess. If you suspect such an action has been taken against you, you can file a complaint with the EOEC.   I agree with Nikki.…
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No, but it is a good idea.There is nothing in the court system in the US that "requires" an attorney.
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From an entry I wrote for the Open Site encyclopedia:Family Violence The marked reduction in domestic violence in the last decade -- and the fact that different societies and cultures have widely disparate rates of intimate partner abuse -- give the lie to the assumption that abusive conduct is the …
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Domestic violence is as old as humanity. Incidents of domestic violence appear in all the great classics - from the Bible to Homer's Odyssey.It seems that to abuse the weak and the intimate comes to us naturally.
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Anyone who has been convicted of a felony is banned by federal law from ever possessing "any firearm or ammunition." Specifically a person "convicted in any court of a crime punishable by imprisonment for a term exceeding one year" cannot possess any firearm in any location. 18 U.S.C. 922(g) is the …
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You don't hire a lawyer and then tell him/her what to do. You hire a layer to tell you the law and the best way to deal with a legal problem. If you are advised wrongly, you have redress via the law society (in the UK), other countries have similar bodies. The best way is to write a letter to the …
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The ending of one's own life is not illegal in all countries. Under common law, many courts have long recognized the right of a competent adult to consent to or to refuse medical treatment. The moral issue surrounding suicide/euthanasia is an ongoing issue that may never be settled. With the current…
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A warrant ordered by the court is in effect until the court rescinds it. Or the person is brought to trial or a hearing and the matter is resolved. It is not something that can or should be ignored, as it could also culminate into contempt of court charge(s) adding further complications for the defe…
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It is as is said "in the eye of the beholder." Depending upon the circumstances a "not guilty" verdict could mean that there wasn't enough evidence to convict the person on trial. There's a pretty famous trial that supports that premise. What it comes down to is what people choose to believe. Was th…
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Yes, someone who has been convicted of a felony can have a paintball gun.A firearm is not legal for an individual who has been convicted of a felony1 but a paintball gun is not classified as a "firearm"2 under California Penal Code.1Calif. Penal Code 12021.(a)(1) Any person who has been convicted of…
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Laws governing this issue would be ones inacted by the state where the assault occurred. In most situations, the district school board makes the decisions to terminate teachers. In general any criminal offense is grounds for termination. In some states there is also a licensing board which decides i…
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I suppose it matters what you mean by "bad." If it is dismissed because you won the lottery and you paid everything off, I'd say it's good. But, more than likely, it isn't good because if your financial situation drove you to file Chapter 13 and then the 13 was dismissed, the creditors will probably…
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A hearing that is held in state probate court to determine if a person is able to handle their own affairs. All aspects of the person's life is taken into account, whether they are capable of handling finances, health care, daily living issues. The person being evaluated has the right to proper lega…
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Answer Maybe. If the offence and conviction took place more than five years ago, you should apply for a PARDON, from the jurisdiction where you were convicted. Under the Canadian Criminal Code, inmpared driving, and over/80 m.g. are both considered to be indictable offences, and upon conviction,…
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People renting out less desirable homes usually don't ask so many questions of prospective tennants, so you'll probably need to start off somewhere crappy. Once you've got a good reference from a previous landlord it will be somewhat easier for you to rent a nicer property.Depending on what the felo…
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Answer Carrying a concealed firearm can be a felony unless you have a concealed weapons permit. I am told it is just about impossible to get a CCW permit in California. The applicable Penal Code sections are 12020 PC et seq. You can sift through them at: http://www.leginfo.ca.gov
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Answer yes. Answer IF you are refering to the Canadian Social Insurance Number, then the answer is a resounding NO!!!! The Social Insurance Number is an identity number for tax and Employment Insurance forms. It has nothing to do with criminal records in Canada. Only a Police service can ge…
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Answer 5 years unless they changed it. some charges stay longer. Virginia - 11 years Answer call state highway troopers office, or the place you get your drivers license and they can tell you.
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Answer Like previous entrants, a misdemeanor conviction (above the grade of Class C) will stay on your criminal record forever. A defendant has the recourse of getting their record expunged; however, for the ardent background searcher, a conviction will never FULLy go away.   There is no SOL f…
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Depends upon the jurisdiction and the felony. I know of none that are less than one year.Added; The definition of a felony offense is that the statute calls for punishment of not less than one year in prison.
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Answer Many states Don't allow a felony to be removed from a person's very good record. Each state does not have their own procedure and eligibility requirements for expungement of convictions. Accordingly, I would need to know what state your conviction was to answer your question. In general, t…
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In CA, a DUI is surcharged for 3 years and you loose the good driver discount for 10 years, a reckless ticket is surcharged for 3 years.
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I doubt it. Although it could be possible after the so-called "10-year ban". But do not take my word for it.
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The presiding judge can 1. reinstate probation, 2. revoke probation and sentence to jail/prison for up to the time remaining on the probation (i.e. if felon A sentenced to two years probation on a charge allowing two years prison, and felon A has served one year of probation before violating, the ma…
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Answer Check with your local hiring authority to find what they are looking for in a qualified candidate. A four year degree with a major in criminal justice with courses in forensic science may be the way to go for the best future. We have experience in the crime scene cleanup industry and in many…
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This information is taken from the ATF web site. A7) How can a person apply for relief from Federal firearms disabilities? [Back] Under the provisions of the Gun Control Act of 1968 (GCA), convicted felons and certain other persons are prohibited from possessing or receiving firearms. The GC…
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  Specific bad check laws vary by state.In almost all it is a crime, and depending on the amount (and circumstances) and place, even a felony. It can also be pursued as fraud or theft by deception...which is a felony crime almost everywhere.In California, you can be held liable for the amount …
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Answer In most states, criminal records don't just "come off". Most of the time you can file at the courthouse to have your juvenile record expunged which basically means that it goes away. Exactly. I'd suggest you contact the public safety department or the department that keeps criminal record…
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The easiest thing to do is to call the court and ask or go to the court and review the file. Some courts have records available online. You can also check with the local law enforcement agency responsible for maintaining warrants to see if they have any information. For example, you can look up warr…
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Considering the veteran's age, and the fact it was attempted murder (old age can cause many diseases that can make the elderly become violent towards usually a mate) and he has served his country with honor, then it's highly unlikely that they will nullify any entitlements due him re a military fune…
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Yes you can. It was done at the Mc Donald's I worked at in Florida. Usually you sign a statement when hired in stating you will not steal and such. Stealing is a crime....being at a job does not forfeit the law. In South African context that is the sole decision of the Employer, in practice afte…
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i know one fighter he was a light heayweight he fought in the 70s his name was James Scott he fought in Rahway State Pen in Newjersey Remember Marlon Starling's tragic bout in 1979 at the Hartford Civic Center -against- Charlie Newell, who -died- nine days after the fight? Charlie they say was in …
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USThis is not addressed by federal law, since black-powder muzzleloading guns are not legally considered firearms and are not included in the Gun Control Act of 1968. You will have to rely on state and local laws from your area. Check the law online - most states have their codes available. A gunsho…
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Answer Not if it is a matter of simply not being able to pay, there are however, laws which pertain to fraudulent act(s). The general interpretation is the committing of a deliberate act showing "sufficiently evil intent" to obtain services, goods or money. Exactly.... Criminal law doesn't …
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Death and Deterrence Redux: Science, Law and Causal Reasoning on Capital Punishment: In an article in the Ohio State Journal of Criminal Law, Dr. Jeffrey Fagan of Columbia University describes numerous serious errors in recent deterrence studies, including improper statistical analysis and missi…
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Not knowing which state the incident occurred in, a specific answer is not possible. Some potential charges could be, obstruction of justice charges to be filed or making a false police report. What would determine the type of charges and penalties that might be sought, is the action that was taken …
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I have been arrested three times in the past; he first conviction was a D Felony for drugs; the second offense was a marijuana charge and third, an assault charge. I graduated with a Bachelors degree in business administration. Thinking that it would be almost impossible to find a job, i started wor…
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Answer Police Officers usually have latitude in making arrests at their discretion. Notable exceptions are Domestic Violence, where law commonly dictates an arrest must be made, or the Officer can be placed in legal jeopardy. Police Officers cannot grant immunity for any criminal action (usually on…
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Answer Short answer: It can. The Fair and Accurate Credit Transactions Act of 2003 nullified most, but not all, state laws governing the limitations of criminal convictions in consumer reports. Furthermore, according to the NAACP, 60% of employers are probably or definitely not willing to…
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Answer Six altogether four for BS and two criminal justice degree Answer you must serve 8 years before you can becomee a crime scene investigator Answer The above answer is some what silly, as it does not provide a correct reply to the question. A Police officer may attend a special cour…
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A reckless driving conviction does not fall off your record automatically. It can be classified as a summary offense (note: this offense is less severe than a misdemeanor) or as a criminal offense depending on the circumstances, subject to misdemeanor or felony penalties (Florida Statute Section 316…
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I don't know what is the point of it anyway! skrew it!!!!
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about £60,000 a year within 3 years of graduation The above is not necessarily true. In the UK criminal law is funded via the legal aid system, which means lawyers are often paid a reduced fee, which consequently impacts on salaries. Even in London a criminal lawyer may never make £60,000 a year …
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The full text of the law can be found under Title 18, United States Code, Section 922(g)(1). The statute provides the following: (g) It shall be unlawful for any person- (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year…. to ship or t…
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It depends on the state.Some states are stricter than others and it depends on the amount as well as the number of bad checks.  More Opinions Yes writing a bad check is a felony it's called fraud.It depends upon the amount of the check and whether or not it was done with intent.
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Answer A question I have is file criminal charges against who? If you mean agains the repossessor. As long as the person who did the repossessing was a legal repossession firm, no criminal charges can ever be filed against them. As far as the person who had the item repossessed from them, as lon…
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Yes they can ask but you the juvenile do not have to answer their questions. You have the right to remain silent. You are protected under the 5th Amendment. You can also ask for an attorney. Just do not talk to the police in questioning you do not have to. When you ask for a lawyer they have to stop…
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the numbers represent different data, such as your dob; state it was issued inetc, etc.  Do you mean specific to just the info revealed from the number itself? Like the first three numbers designate the state you were born in, etc.Or do you mean...if someone knows your social security number, …
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what about Ohio ? technically no but who cares  It depends upon the laws of the state in which the person resides. Some states have a time frame in which a convicted felon cannot be in possession or in the presence of someone who owns a firearm of any type. Other states make exceptions for a l…
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Do men commit more murder than women? Overall, the answer is yes. However, in certain categories and in certain situations the answer is more complex.The FBI reports that about 10% of murders in America are committed by women.
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No no my dear. The job application is asking if you have ever had a felony conviction.
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I think 7 years. Above incorrect, It will stay on your record until after death, unless you get it sealed or expunged. Only juvenile cases are subject to sealing, and only a citation for public intoxication is expungeable in Iowa. "Only a citation for public intoxication is expungeable in Iowa."…
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Answer No, dismissal of criminal charges is not an indication that the person was innocent of the crime, only that there was not enough evidence to pursue prosecution. Exactly... You would need to prove that the arrest was unjustified to qualify for this complaint. Such as an officer arresti…
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Opinions are divided on this topic. Here is one view: I believe it was absolutely the right decision to release them. They were ten years old when they did what they did and must have changed tremendously or they wouldn't have been granted parole in the first place. Sending them to an adult prison …
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Not Murder No, because you cannot help passing on a cold. It may not have come from you anyway. Also colds are not fatal. The cold would not be the cause of death on the death certificate.
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Answer Public Defenders are for CRIMINAL cases ONLY. Not a civil case. Answer Contact the legal aid society in your community or the state bar association for referrals to attorneys who accept pro bono cases or who assess fees based on the person's ability to pay. Website for the American Bar…
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A criminal record is forever. Only an expunction removes a criminal conviction. It is up to each individual employer to decide whether to hire someone with a criminal conviction. There is no limit on how far back an employer can look into your past. Although juvenile conviction records are usually …
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Answer Your options will vary from case to case. You might be eligible to refile another Chapter 13. You might consider filing a Chapter 7. You might not even need to be in Chapter 13 anymore. You need to consult a local bankruptcy about the specific facts of your case. You might be able to conv…
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Black Powder Hunting in Iowa I'm not up on Iowa law, but the ATF considers muzzleloaders to be exempt from firearms legislation, so you are okay under federal law as there are no restrictions on the ownership of these guns. Although local and state laws can be more restrictive than the federal laws…
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It depends on why it was impounded and what state you are in. In California, you may not be allowed access if it was impounded as evidence to a suspected crime, but you should be allowed access if was towed for any other reason. You may remove personal property that is not attached to the vehicle i…
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It won't be removed, it's there forever. If it occurred when you were a kid, the record could be sealed. But if it's after you are an adult it will follow you around forever. It is forever. . . Unless expunged subsequent to acquittal, conviction reversed by the Court of Criminal Appeals, or a Go…
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Typically the local circuit court handles most crimes in a jurisdiction. If the case deals with a federal offense then the federal court system will handle the case. Basic breakdown is as follows: Municipal court: typically traffic and ordinance offenses Circuit court: Misdemeanor and Felony crime…
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Answer Whether a violent or non-violent felony, once a person is convicted, they are no longer allowed to own a firearm. In Texas, five years after the anniversary of the end of your parole or the end of the your prison sentence, you may possess one in your home; however, you may not carry one wi…
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The link previously shown in this answer has expired. Here is the new link: https://postalinspectors.uspis.gov The new link is not nearly as informative as the U.S. Post Office's link used to be. Additionally, the previous answer discussed theft of mail, not opening someone else's mail. They are…
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Answer Yes, because filling out a DMV application is filling out a state form. By putting false information on the form you can be convicted of Perjury. Any penalties assessed would depend upon the nature of the false information. For instance presenting false documentation as to age in or…
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Answer Such a debate has been the focus of civil rights groups and the justice system for years. It is a matter of opinion rather than fact, but the majority of persons connected with law enforcement and the judicial procedures of the law believe in specific cases a juvenile should be tried as an…
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Answer Informing the authorties should be sufficient. You don't need to file charges or sign a complaint, just turn over your evidence or have your grandmother explain what happened. There is no excuse for "elder abuse" and it should not be ignored. Most communities have a police specialist that …
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If you are asking from state to state then contact a lawyer. In a direct manner of answering this question straightly. The answer is absolutely a NO. The same thing applies to possessing ammunition. Therefore under federal Law any Convicted felon or 'restricted' person who owns, possess or has under…
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Answer Not knowing the nature of the offense or the state in which it occurred a specific answer is not possible. In all states most juvenile adjudications (including minor in possession) remain confidential and are sealed when said person reaches the state's legal age of majority. In California,…
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In general I would say no, but you should check the motor vehicle laws in your state. I would consider outside mirror good safety equipment, but not something you need to operate the vehicle safely.You would not have the missing mirror as an excuse if you have an accident, since it was clear it's mi…
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Answer6.5L Sierra GMC Problem exists in the injection fuel pumping timing and also sensors for both heads and for high electrical voltage. Take in to a reputable dealer that has the tech II knowledge along with the correct way of setting the pump timing. GNX MAN6.. If you have not relocated th…
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How can I prove I wasn't receiving payments for unemployment benefits
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Answer NO You can certainly apply, but if you should slip through a crack in the system and get the permit, you would be facing a 10 year federal sentence when you tried to purchase a weapon to carry. If you slipped by again and made the purchase, you would be subject to the same penalty for pos…
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Threatening people with bodily harm is called assault. It is both a criminal and civil offense (the offender can be sued and have criminal charges). The fear of being harmed is the distinguishing factor. Battery is the actual hurting of someone. It is possible to have assault and battery, assault o…
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Class "A" misdemeanors are crimes in NYS punishable by up to 1 yr in jail. They are on your record for life, unless expunged by court order; or if the case was "sealed". Check with the Seal and Dispo Unit at the NYS Div of Criminal Justice Services, Four Tower Place, Albany, NY 12203 Expungement es…
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Not in most cases. Check with your probation officer to be sure. ok I am going to add to this answer because i freaked out a few times in the last 12 months when i did this and read all these useless post commented on by people with zero experience with it. I have been on supervised probation for th…
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Answer As long as your NOT "convicted" of the crime, it will not show up in a criminal record check, and employers only ask if you have been "convicted" of any crimes. Most times when a person is charged with shoplifting, they normally don't get "convicted" of it. (SD) -------------------------…
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FOREVER. . .. . . unless expunged. The public can only access criminal records for 7 years but law enforcement will have access forever. From the Texas Penal Code:Sec. 12.03(c) Conviction of a Class C misdemeanor does not impose any legal disability or disadvantage. and is punishable by fine only …
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Salary for Detectives There are different types of detectives (e.g. private detectives and police detectives), plus there are other factors that will determine pay rate, such as level of experience and geographic location. But here's some general info, published by the U.S. Department of Labor: Poli…
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Answer Although the property owner's testimony in favor of the teens facing criminal charges might have a serious bearing on the outcome of the case, there are no certainties in any criminal trial. The best option is for the teens to have qualified legal representation either as private counsel …
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about £60,000 a year within 3 years of graduation The above is not necessarily true. In the UK criminal law is funded via the legal aid system, which means lawyers are often paid a reduced fee, which consequently impacts on salaries. Even in London a criminal lawyer may never make £60,000 a year …
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A felony cannot be expunged from your record in Louisiana.
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Answer It depends on two things. First, it depends on the law of the state in which the conviction occurred. In some states, expungement means that the records get sealed and it is treated as though it never happened. In other states (such as California) it means that the disposition is simply…
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Antique Firearms as they pertain to Federal Law are any firearm manufactured before 1899 or any replica, whether or not they fire cartridges or are muzzle loaders. Antiques or muzzle loaders are outside the jurisdiction of the ATF and can be legally possessed by felons from a federal standpoint. It…
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no its a weapponNOT TRUE:A prohibited possessor is; (b) Who has been convicted within or without this state of a felony or who has been adjudicated delinquent for a felony and whose civil right to possess or carry a gun or firearm has not been restored. A.R.S. 13-3101 (A) (4) 4. "Firearm" means an…
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