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  1. CdwJava

    Searched Without Probable Cause In AZ

    What is it you want to do? From a practical point of view, about the best you can do is complain or maybe make an issue of it in the media. If you have the money, consult an AZ attorney and see if there is a claim that includes statutory damages. If not, then litigation might be quite...
  2. CdwJava

    302

    The 302 form should contain the information that showed that there was a lack of good cause to hold you further. It should all be there.
  3. CdwJava

    can my lawyer not use my interrogation interview in court.

    It may be an issue of who can introduce it or establishing a foundation .... which the defense can certainly try to do. Not knowing what information it might contain that might help you, it's hard to say why your defense attorney seems to be sayiung he can't use it.
  4. CdwJava

    Minor in Possession (Alcohol) while in car with Adult

    Which is what I would have done had the adult been interjecting themselves. Without further investigation, there is no way of knowing whether this was a "responsible" adult or someone contributing to the delinquency of the minor if the minor had been consuming alcohol or in possession of it...
  5. CdwJava

    Minor in Possession (Alcohol) while in car with Adult

    Uh, no. That is incorrect. Really? And what "right" would that have been? She wasn't contacted for a vehicle violation - the OP (the driver) was. When alcohol was smelled, and there was a minor in the car - likely at or near where the alcohol odor was coming from - then the police have the...
  6. CdwJava

    reasonable cause

    Really? That's what the officer said? "Hi, I'm stopping you because I suspect you of possessing, buying, selling, or transporting drugs." ... ?? Really?? How did the officer find the cash? Did your friend admit to it when asked? Did he submit to a search? Did he have any choice not to...
  7. CdwJava

    Man alleges anal probings at the behest of Deming, NM Police!

    Yep, I read the articles. I don't think they were sticking things in him all night long, though. The entire process of x-rays, fingers, and an enema may have occurred over a period of hours, but it's not like they were ramming things up his hind end for hours on end. Having been present for...
  8. CdwJava

    Man alleges anal probings at the behest of Deming, NM Police!

    "Raped" implies a criminal act that requires penetration by a penis. And, even if this turns out to be unlawful, it would not be the crime of "rape." And if the warrant was good for four hours, I suspect that means that it must be served within that time - not that the search must be...
  9. CdwJava

    Drug Crimes, Substance Abuse all evidence to the contrary, PTI

    Why didn't you just bring the whole bottle with you instead of dumping half of them in your purse? If you plead "not guilty" how is it that you have fines and community service? Did you go to trial and lose? What does your lawyer say? And what is the code section you were charged with?
  10. CdwJava

    Minor in Possession (Alcohol) while in car with Adult

    Okay ... so, the officer "targeted" you for committing a violation? The host probably shouldn't have allowed a party where minors were served alcohol. And the police can certainly interview minors even without their parents. Nope. The subjective reasoning behind a detention is generally not...
  11. CdwJava

    Man alleges anal probings at the behest of Deming, NM Police!

    Hmmm ... I wonder what more there is to the tale. I doubt a judge would issue a warrant solely because he stood funny. I suspect there was a history there and that this guy has been in trouble for dope before and/or they had reliable intel that this was the method he used to hold his dope...
  12. CdwJava

    Getting emancipated at 15with out parent permission.

    It can't happen at 15 and, as so many others have stated, won't happen simply because you feel you'd be better off somewhere else. http://www.osfa.state.la.us/MainSitePDFs/Emancipated_Minor_Fact_Sheet.pdf The state tends to limit exercising judicial power to remove a parent's legal rights to...
  13. CdwJava

    Seatbelt tickets 27315 vc How long til removal off of driving record?

    Not really (it's a zero point offense), probably not, and for purposes of insurance zero point violations are not on your record.
  14. CdwJava

    child

    Absent good cause to remove this new child, no. But, being clean and sober doesn't mean you are in a position to properly care for a child. Do you have a job? A place to live? A healthy relationship with the father who will stay around and preferably marry you? Breeding simply because you...
  15. CdwJava

    charged with friends drugs for being there

    The problem with having friends that live on the nefarious side of the law is that you can get caught up in their problems. You know the saying about laying with sleeping dogs then catching fleas ... At this point, listen to your attorney and don't talk to anyone about the incident. If you're...
  16. CdwJava

    Parole, Probation Step daughters boyfriend intending to flee out of state with her car

    I don't know how it is in MA, but out here - and, I suspect in most other states - she can be charged with aiding him as a fugitive. She is putting her own freedom at risk by knowingly assisting him in absconding. But, if she loves him enough to risk jail or on his behalf, that's her call.
  17. CdwJava

    Ticket for Driving Without a License

    What code section were you cited for? Until we know the specific section(s) we cannot really say what the consequences might be other than fines and a further delay in getting your license. If for VC 12500(a) this can be a correctable violation so if you possess a valid license by the time of...
  18. CdwJava

    Restraining Order without Police Report

    Yes. You generally have to be served prior to the court date so that you do have time to respond or request a continuance if not prepared.
  19. CdwJava

    charged with friends drugs for being there

    You do not have your own phone?? This was not the best choice of friends. You weren't trying to sell/trade those items, were you? It's odd that both a tablet and a phone would take a dump on you at the same time and not be covered under warranty or old enough to be upgraded on the cheap (if...
  20. CdwJava

    Assault & Battery Assaulted & disabled

    Could be ... that's also why it's important to know the state and the statute under which he is charged.
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