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  1. CdwJava

    Other Criminal Charges & Offenses Can you get arrested for making a criminal threat on heresay?

    Can you be arrested for making a criminal threat in violation of PC 422 with only one witness? Yes. That's NOT "hearsay." You thought wrong. If that were the case, then there'd be very few domestic violence offenses prosecuted. That depends on what is said, if there is any other evidence...
  2. CdwJava

    Will CPS remove a child 8 years old for bed sharing with single parent

    Unless there is allegation of some other abuse or neglect, merely sharing a bed with a parent is not going to be sufficient to lawfully take a child into protective custody.
  3. CdwJava

    15 almost 16 and pregnant

    No. You will have to listen to your parents until you are 18. Being irresponsible and getting knocked up doesn't give you the ability to thumb your nose at your parents - it actually implies they have not been providing enough control and you need more ... not less. And, depending on how old...
  4. CdwJava

    Is this consided provoked assault.

    How old are the children? The odds of Jo being criminally charged for kicking a boy that is annoying her is unlikely - especially if it happened some time ago. And if they are too young, it's possible that they are generally considered too immature to face the consequences of criminal actions...
  5. CdwJava

    Shoplifting got stopped and found guilty at a retail store

    Okay, there's a lot wrong with what you wrote. First, it's a crime to steal if there is any monetary loss at all! Because the value was $1,426 and this was over $950, this was felony grand theft or 2nd degree burglary! Less than that, it would have been a misdemeanor (a possible felony if...
  6. CdwJava

    Justice System, Police, Courts Obstruction of Justice

    As AJ said, relax. And, as was posted over there, had the officer believed he should charge you he would have arrested you then and there. It should be over and done at this point. Note that an arrest warrant is rarely EVER in hand when an officer makes an arrest of a person based upon that...
  7. CdwJava

    Justice System, Police, Courts Obstruction of Justice

    As was mentioned on the other site you posted this question on, you have to be careful because you could potentially be charged with obstructing or delaying a peace officer in the performance of his duties. An arrest warrant is a command by a judge to take a person into custody, and depending...
  8. CdwJava

    Consumer Fraud cashed a $3835 check, now im afraid its a scam, can i get into trouble

    These scams are reported to the police every day. There are a significant number of desperate people willing to take a chance on anything.
  9. CdwJava

    Other Criminal Charges & Offenses can they charge you for third party here say

    Can you be charged based solely upon a third party's statement? Probably not. But, it might be enough to get the police to look into the matter. If you tell a friend that you just molested a little girl and your friend tells the police, you can bet they will come calling! If you tell a...
  10. CdwJava

    Sex Crimes, Sex Offenders AZ sex offender non dangerous and not a child offense

    Whether he would be allowed in the home or not would depend on what conditions were placed upon him as a result of any subsequent probation or parole. The conviction, alone, would not prevent him from being with or seeing his minor children, but being on parole or probation might do just that.
  11. CdwJava

    Shoplifting, Larceny, Robbery, Theft Civil Demand

    Plus, if you go to court for criminal charges you could be obligated to pay both that restitution AND the civil demand. While it is true that no one can make you pay the civil demand (yet), if they DO pursue you in civil court, you can pay $500 or more dollars on top of the demand and the store...
  12. CdwJava

    No one to talk too. Where's a Public Defender, it's over 72 hrs.

    She won't get to "explain" anything for a very long time. The first hearing - which she may have already had - is an arraignment. At the arraignment she will be read the charges against her and will be asked for a plea. She will also be provided counsel if she cannot afford her own counsel...
  13. CdwJava

    Other Criminal Charges & Offenses Police Report

    The police report is not evidence. But, you can certainly complain to the agency and ask that they correct the report. Otherwise, if you are a defendant in a criminal case, mention it to your attorney. What kind of difference are we talking about? Are we talking about an intersection that...
  14. CdwJava

    death in auto accident

    About all you can do is speak to the police and to the prosecutor. There may be a legal reason to charge for a misdemeanor as opposed to a felony. The investigation may not have come to the same conclusions that you made here, or it may have also determined that some act on the part of the...
  15. CdwJava

    Parole, Probation can my probation officer keep me from seeing my kids

    Then it seems that you have to obey those orders until such time as they are removed. So, you appear to have answered your own question.
  16. CdwJava

    Parole, Probation can my probation officer keep me from seeing my kids

    Speak with your attorney and go back to court.
  17. CdwJava

    Parole, Probation can my probation officer keep me from seeing my kids

    Is there any such prohibition in your probation conditions? If you are prohibited from contacting any minor and no exception is made for YOUR kids, then, yes, he can violate you.
  18. CdwJava

    Who's Breaking The Law???

    Short answer: Yes. They can send allow an unlicensed driver to operate a car to drive to a drug sale as part of a sting. They can choose to issue a citation to him later if they wished, but it does nothing to defend against the underlying criminal charges against the person who sold the drugs.
  19. CdwJava

    Jail Held without legal representation

    Why has he been held? Has he been arraigned? When he was arraigned, did he ask for court-appointed counsel, or did he tell the court he was making his own arrangements for legal representation? It could also be that his attorney has not yet contacted him. The jail can't lasso an attorney and...
  20. CdwJava

    Background checks

    Private employers cannot generally check state criminal offender records. if they do a fingerprint check it will be for disqualifying convictions, not for a printout of any criminal history. However, court records are public records and if a private employer uses a data mining background...
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