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  1. CdwJava

    can I sue my ex boyfriend for illegally causing my incarceration?

    I assume you raised your past relationship and the fact you had signed these checks at your trial? And, you were found guilty? Was your conviction overturned? If found guilty or if you pled guilty then you will be virtually impossible for you to sue him for a crime that you have been found...
  2. CdwJava

    can STORE'S loss prevention officers use physical force outside store

    But, YOU wrote that you did not know who they were? So, you DID learn who they were and decided not to deal with the issue or call the police? As was previously stated, this does not bode well for your story. Had you truly been accosted by strangers, or even by loss prevention folks, and...
  3. CdwJava

    can STORE'S loss prevention officers use physical force outside store

    So, they never identified themselves? Did they ever detain you? Were you arrested? Did they just let you go? So, since they never identified themselves and you obviously believed you had just been robbed, what did the police do when you reported the strong-arm robbery? If you did...
  4. CdwJava

    Arrest, Search, Seizure, Warrant Search warrant for child porn and was interviewed

    I understand WHO they are, but I have never seen them involved in child porn and the like ... since so many people lump every agency into some 1984 Orwellian-esque conspiracy, I wonder if the OP simply meant that they were feds or wore alphabet soup jackets. This type of investigation simply...
  5. CdwJava

    Drug Crimes, Substance Abuse Tampering with evidence and simple possession

    Miranda is not required in about 90% of arrests. If he interviewed you before he told you that you were under arrest, then suppression is a long shot, but it's something your attorney can address if possible. It was in her bra ... that's hardly "plain sight." And, it will be hard to argue...
  6. CdwJava

    Arrest, Search, Seizure, Warrant Search warrant for child porn and was interviewed

    I'm curious ... who are "Homeland Security" agents? Kiddy porn and internet fraud should be handled by the FBI or local/state law enforcement.
  7. CdwJava

    Embezzlement of retirement fund by partner

    The answer is, "Yes." Here's a resource: http://research.lawyers.com/North-Dakota/North-Dakota-Statutes-of-Limitations.html
  8. CdwJava

    Parole, Probation, Release felony probation violation

    In theory he can face the full sentence of his original offense for the violation of his probation, as well as face the penalties associated with his DUI. In reality, it's likely he'll do little or no additional time for the VOP but will have to face the first time offender penalties for the...
  9. CdwJava

    Internet porn

    This might depend on the OP's state. While the police might not be able to search the items without a warrant, they may be under no legal obligation to return the property upon request if it is considered evidence. I don't recall seeing the OP's state in the thread so that might change the...
  10. CdwJava

    What law or set of laws make it unlawful for government officials ....

    Miranda is not generally going to apply unless there is also custody, so if they back off it's because they choose to. And DCFS, Miranda may not apply to them since they don't have the capability to take people into custody ... though maybe they are peace officers in your state, i don't know...
  11. CdwJava

    What law or set of laws make it unlawful for government officials ....

    Just what kind of "government officials" are we talking about? If it's the local Postmaster, he might be able to interrogate someone as long as he wants - or until the person leaves. If it's a police officer and you are not free to leave, then Miranda nad potential Constitutional protections...
  12. CdwJava

    Burglary, Arson, Home Invasion Burglary

    We cannot answer that question as it depends on too many unknown variables. His past criminal record, the specific charges he currently faces, any potential enhancements, etc. all can play a part in a potential sentencing determination. He can speak with his attorney to find out what his...
  13. CdwJava

    Illegal use of police dept computer systems.

    I still fail to see how she did anything improper by looking up information on a person that she believed had a warrant. Yes, it would have been cleaner if she got someone else to look it up suggesting that she believed that Angie0504 had an arrest warrant, but it is hardly unlawful to use a...
  14. CdwJava

    Domestic Violence & Civil Orders restraining order help

    First off, the restraining order is not a two-way order. It serves to protect only one party from another. In this case, her from you. If you feel you have enough to fear for your safety (and that doesn't seem to be the case) you can apply for a TRO against her. If she has damaged your...
  15. CdwJava

    Illegal use of police dept computer systems.

    If she is a 911 dispatcher and she had knowledge that someone with an arrest warrant was coming to town and she passed that along, how is that a misuse of a law enforcement telecommunications system? Sounds like it was arguably used for a legitimate law enforcement function. Having a warrant...
  16. CdwJava

    Proving Child Molestation

    We DO understand. However, the DA's office is not flush with money and cannot simply prosecute for the heck of it. In fact, in addition to his ethical responsibility to prosecute crimes that he can prove beyond a reasonable doubt, he might run afoul of the law if he prosecutes a case knowing...
  17. CdwJava

    Alcohol & Drugs: MIP, MIC, Intoxication mip mishap

    What was the code section on the citation? And, if not a state code, what town are you in? Understand that you were probably not charged with consuming alcohol, but for something related to hosting an underage drinking party or allowing underage consumption. The state has to ultimately prove...
  18. CdwJava

    Proving Child Molestation

    As one who has spent much of his career addressing these offenses, let me agree - they are difficult to prove. The children can be believable, but that doesn't mean they will stand up to cross-examination on the stand. There are many reasons why a child - particularly a young child - might say...
  19. CdwJava

    Minor in Possession (Alcohol) while in car with Adult

    Huh?? The question of whether the officer has to allow an adult to stay with a minor is not a Miranda issue. And no one said - certainly not I - that the minor had to admit to what was going on. The issue is the "rights" of the adult the minor is with and whether the minor has a "right" to...
  20. CdwJava

    4 times falsely arrested

    Who said they were false arrests? The fact that the charges were not prosecuted does NOT mean that the arrests were "false" as there are numerous reasons why a charge might not be pursued. As others have asked ... details, please.
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