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Criminal Law/Questions Answered by Expert Kevin M. Tamez

SubjectDate Asked
Penal code 3454(c)2/25/2017
  Q: I looked up an inmate at the county jail and it said 3454(c). I Googled it and got 2 answers; one ...
  A: California Penal Code 3454(c) sets forth the California Court's/Parole Office's ability to ...
When the FBI arrests a person for a federal12/14/2016
  Q: When the FBI arrests a person for a federal criminal charge, does he go to the US federal bureau of ...
  A: You have asked multiple questions. If an individual is arrested by the FBI, he will not be housed by ...
Police survalence7/31/2016
  Q: Can local law enforcement place cameras in a home or on homeowners property without the homeowners ...
  A: Emily- The Reader's Digest version is NO. Neither state nor federal law enforcement can encroach on ...
FBI arrest procedures7/21/2016
  Q: How long can the FBI hold an arrestee for having their day in court? What are the procedures? ...
  A: Cantraya: Federal arrest procedures (FBI, DEA, DHS, etc.) are set forth in the Federal Rules of ...
crime definition7/15/2016
  Q: With your qualifications, this may seem petty! I need to know if this constitutes a crime, as the ...
  A: Debee- What you relate is quite possibly a violation of 2-3 separate issues. By calling a federal ...
Fugitive from Justice5/25/2016
  Q: I have been granted an Order of Nondisclosure. This was filed as a Class B Misdemeanor, with the ...
  A: Tina- On its face, you should not sign this document if there is a charge as a "Fugitive from ...
neighbor harrassment5/17/2016
  Q: I have a neighbor who has his daughter living with him upstairs now. (prior to her moving in things ...
  A: Sade- This is a common issue when apartment units/common space are in close proximity to each ...
Is this legal yes or no in the United States4/15/2016
  Q: Casino chips are purchased using credit cards. The chips are then cashed out and instead of ...
  A: To our knowledge, U.S. Casinos do not permit gamblers to buy chips with a credit card. They require ...
Unclaimed Property Scam2/21/2016
  Q: I received a letter from some sort of Unclaimed Property Search Company. It was odd that it was ...
  A: Emmaline- Your Subject Line pretty much sums up a majority of these "surprise" and unsolicited ...
Sexual Assault, False Confession2/12/2016
  Q: my son admitted to sexual assault after hours of interigation, served time for said crime only to ...
  A: Terri, You message was a tad confusing. Are you saying the "victim" of the sexual assault has ...
probation violation1/28/2016
  Q: I get a Relative who is lock up in a city for Probation Volation for 9mo. not the city he lives in ...
  A: Rickey- Ordinarily, you simply petition the court (who placed him on probation) to move his ...
Burglary and grand theft1/22/2016
  Q: What is the statue of limitations in CA?
  A: Peggie- A summary of the California Statute of Limitation rules for criminal cases is found at ...
Statute of limitation1/15/2016
  Q: Found out about warrants in other counties. One from 2011 and other for 2012. The one county I ...
  A: Deborah: Felony warrants are logged into the national NCIC data base. That data base is queried by ...
Aggravated Robbery11/10/2015
  Q: Can my charge of aggravated robbery be dropped to petty theft if I was approached in the wrong ...
  A: Antonio, The simple answer is yes. Depending on the specifics of the arrest and what the Walmart ...
Police protection8/29/2015
  Q: Tamez I have been reading a number of articles claiming that the Supreme Court has ruled that the ...
  A: Chris- We are familiar with the case law your are discussing and, like you, we had a problem ...
past criminal history8/16/2015
  Q: Sir, I am a certified police officer in the state of Florida. When I was 19, I was convicted of 3 ...
  A: Gregory- Different police departments have differing standards so your problem could be caused for ...
Harassment of Disabled Teen7/13/2015
  Q: A retired neighbor who knows that our teen has mental disabilities (PTSD & autistic spectrum), when ...
  A: Cait- I am assuming it's your neighbor who gets drunk and makes an ass out of himself and harasses ...
search of a minor6/22/2015
  Q: can a police officer search a minor without an adult present? And how can we verify why he stopped ...
  A: Gina- The Reader's Digest version is Yes; however, there are several factors to be considered. ...
sexual harrasment5/8/2015
  Q: I live in a small town and was killing time at a business owned by a friend when a uniformed city ...
  A: Louis, Suffice to say that your story is "strange" to say the least. Based on your account, I am ...
Statue of limitations on hot checks in arkansas4/2/2015
  Q: What's the statue of limitations in arkansas
  A: Austin- We will assume by "hot checks" you mean forged/stolen bank checks. As in most states, the ...
violation probation3/24/2015
  Q: If a person violates probation in one state and is arrested in another is there any way to petition ...
  A: LaLa- It would depend on the situation - your scenario is unclear. If the person violated probation ...
would my lawyer know of a warrant?1/31/2015
  Q: Mr.Tamez-- I have a 1st offense misdemeanor conviction. The case itself was really stressful. The ...
  A: Ian- The Reader's Digest version is YES, if you had any kind of outstanding warrant on you, your ...
larceny? forgery? What will happen to me?1/23/2015
  Q: I worked in management for a large national retailer. Over the span of about 4 months I looked up ...
  A: Roger: First order of business, if you have not been charged and this case has not been ...
Credit card fraud1/16/2015
  Q: I was convicted of credit card fraud in the state of Va. back in 2005 when I was arrested it was a ...
  A: Joshulin- You asked multiple questions in the same submission: If the Judge reduced the original ...
detained during questioning12/30/2014
  Q: I am referring to the Luis Rodriguez near the Moore theatre in Oklahoma City. Apparently, Luis' wife ...
  A: Gerry- You may be confusing "No ID Requirement" and "Investigative Detainment/Inquiry." The "No ID" ...
immigration hold in jail12/14/2014
  Q: Yes hi my boyfriend is in jail he was put on ICE hold a couple days of incarcerated but recently all ...
  A: Marquittia- The Immigration "Hold" you mention is, in fact, a Detainer put on your boyfriend by ICE ...
child support11/29/2014
  Q: My friend left Michigan to find a better life. He now has a job and wants to clear up a bench ...
  A: Donna- Most, if not all, states are unforgiving when it comes to unpaid Child Support. I will ...
Theft of goods under 500$ plus fugitive warrant for failure to apper in court11/19/2014
  Q: I was charged with theft of goods under five hundred And ended up with a fugitive warrant so I ...
  A: Tylor- You have broached several issues so I'll try and address them in order. First, the secretary ...
Does a wrongfully convicted person regain all of their rights?10/3/2014
  Q: It is a known fact that if you are convicted of a violent felony(rape,murder,etc)you automatically ...
  A: David, Under the circumstances you describe, the conviction of the individual would be "set aside" ...
Mike Brown killing8/21/2014
  Q: I'm perplexed about why officer Wilson hasn't been arrested for the killing of Mike Brown. I'm also ...
  A: Richard, Whether it be right or wrong, the usual process in this country is to give law enforcement ...
petty theft8/4/2014
  Q: I am from New Jersey. I was caught taking a $2.63 candy bar. The store security approached me ...
  A: Magna: The Reader's Digest version, yes you will have a record for shoplifting ('petit larceny'). ...
warrents6/18/2014
  Q: I live in a small village. It it similar to Mayberry on the old Andy Griffin show on TV. Hope you ...
  A: Stephen, I am quite familiar with the "small town" atmosphere you speak of. However, let's not ...
Shopliffing Case5/6/2014
  Q: My mother's attorney has had her shoplifting charge dismissed on Feb. 12, 2014. This was her 1st ...
  A: Denise: My first question in a matter like this would be - did you have a signed 'Fee Agreement' ...
Shop lifting at Shop Rite5/2/2014
  Q: I got caught shoplifting at ShopRite (New Jersey) yesterday for 2 lipsticks costing to $18.00. I ...
  A: Marie- New Jersey is one of the few states in the country that does not have a "Suspended ...
motion for ret evid4/2/2014
  Q: Do you need a layer to file the motions, or can you do it yourself at the clerk, or chambers? I ...
  A: Richie- You didn't provide many details about the type of Motion or the court, but the Reader's ...
assault1/25/2014
  Q: I am pregnant and was recently assaulted by my husbands ex wife in the stomach area. I yelled at her ...
  A: Mary, This is a classic "he said/she said" unless the other woman has a witness to corroborate her ...
serving federal time w/detainer in WI1/19/2014
  Q: Serving federal time for absconding from federal probation. At the same time, there is a detainer ...
  A: Amy, The federal inmate will be held and not given his statutory 'good time' because of the ...
Public information1/12/2014
  Q: What are the dangers of the right to public information as it applies to jurors? Do you think that ...
  A: Rudy, Great question and one that has dogged the ACLU, ABA, prosecutors and law enforcement ...
Query11/19/2013
  Q: I was wondering due to seeing a TV show:- if a husband does a 7 year sentence for killing his wife ...
  A: Geoff- I see you are from Austria, but will assume, by the nature of your question, you are ...
criminal law11/12/2013
  Q: My mother was killed in a motorcycle accident 1.5 years ago. She was a passenger. The driver said ...
  A: Chris- If the motorcycle was "moving" on a public roadway or even a dirt bike trail at the time of ...
Probation violation11/7/2013
  Q: I am on supervised probation and I got caught with three methodone pills I was wondering since it's ...
  A: Arthur- Not a cut & dry answer. It is not mandatory that they violate you, but they can if they ...
Cousins charges11/4/2013
  Q: Im Just wanting to know why a Tetrahy pos an a regular marijuana pos have in common and also why is ...
  A: Mike- If I understand your question correctly, you are asking why possession of ...
What degree program should I choose?10/24/2013
  Q: I am looking to go back to college. I already have an arts degree but have found that my interests ...
  A: Josh- There are many fields that you can go into if you are interested in criminal investigations. ...
adult instructed minor child to beat a younger minor child9/6/2013
  Q: witnesses reported seeing and hearing a father instruct his sophomore to beat up my 8 th grade son ...
  A: Amanda- We will assume that a police report was taken regarding the initial assault. (If not, we ...
Wrongfully charged.7/4/2013
  Q: In hall county georgia pulled over by banks county for expired tag. Me an girlfriend charged with ...
  A: Justin- You have about six separate issues in this one paragraph. 1. We are not familiar with GA ...
Harressment at work?5/29/2013
  Q: I worked for a State Agency and I worked there just fine until I became disabled.When I returned to ...
  A: Dene- The Reader's Digest version is Yes, based on your facts, the company is in violation of the ...
Locating a loved on5/23/2013
  Q: Briefly, my 67 year old sister was placed in a nursing home for Alzheimer's patients,in Utah. There ...
  A: Mr. Stroud- We are not really familiar with Utah civil commitment requirements, but we are ...
driving on suspended 5th offence4/28/2013
  Q: In the state of Tennessee..Greene county..what is the maximum possible sentence for driving on a ...
  A: Cameron: The penalty in Tennessee for driving on a "revoked' license varies depending on the reason ...
Police officer lies about illegal search2/25/2013
  Q: What should a person do if the police obtain contraband that is hidden from sight (under couch ...
  A: Zak- You surface several issues. In order for the items to be in 'plain view,' the officers would ...
forgery and utterance evidence2/18/2013
  Q: I am physically but not legally separated from my husband. Neither of us has retained an attorney ...
  A: Shelly- The Reader's Digest version is Yes, both the soon-to-be ex and his sister are, depending on ...
Drug Indictments1/29/2013
  Q: Is there a statue of limitations on drug indictments. If so what is it ? Also if the individual is a ...
  A: Gwen- Once a person is Indicted by a Grand Jury for any felony charge, that action halts the clock ...
Jury Size1/28/2013
  Q: I have an idea for a movie but want to keep the cast size down. Is it possible for a jury (in the ...
  A: Robert- The Supreme Court has held under the Sixth Amendment that juries in criminal cases are not ...
What would the FBI do when a person informs the1/25/2013
  Q: What would the FBI do when a person informs the FBI about a terrorist plot in Japan, because he does ...
  A: If the FBI were to receive credible information concerning a terrorist act that might occur in ...
How to proceed1/8/2013
  Q: I have asked and you have answered a question previous concerning this case which was helpful and I ...
  A: Margie- If all attorneys were competent and earned their fees, our firm would be out of a job. ...
FBI Liaison procedures12/8/2012
  Q: Mr. Tamez, Thank you once again for your replies to my previous questions regarding FBI procedures ...
  A: Steven- First, FBI Legal Attaches (LegAt) are principally legal advisors to the U.S. Ambassador and ...
Transfer process from federal to serve time in state11/5/2012
  Q: My brother was recently released from a federal prison to serve time in state for probation ...
  A: Felicia- Using the word "normal" and the words "federal system" in the same sentence is a classic ...
Pressing charges for a bounce check10/19/2012
  Q: I cashed checks for someone in the amounts totalling $2400 under the impression this person had the ...
  A: Nikki- Issuing checks that reach that total is a felony. Therefore, it depends on which you want ...
extradition from florida to texas9/13/2012
  Q: how long will texas take to extradite from florida for a felony possession VOP charge?
  A: Amanda- There really is no time limit, but the court and prosecutor in Florida will insist it be ...
paroles9/8/2012
  Q: at what distance will police go to find someone absconding from parole?
  A: Terrissa: Since you said "police," I will assume you meant state parole officers. (In any event, ...
FBI custody procedure8/12/2012
  Q: Mr. Tamez, I am researching FBI/federal agent arrest procedures for a novel that I am authoring. Do ...
  A: Steven: Contrary to the scenes depicted in Hollywood movies, FBI/DEA type federal agents (commonly ...
debit cards7/2/2012
  Q: I am an American adult living abroad. My father game me a debit card that is in his name as a way ...
  A: Merav- It is not fraud if your father gave you the card for your personal use. However, depending ...
Restitution6/16/2012
  Q: Trey, my 44 year old step son has admitted to stealing from his employer (a small, family owned, ...
  A: Ed, These type of civil negotiations are way outside our scope of expertise, but a couple of issues ...
Illegal immigrants/law6/12/2012
  Q: I am a law student and I have found most laws for illegal immigrants but this one. If an illegal ...
  A: Crystal: The short answer to your question is YES. Any defendant (state of federal) is entitled to ...
probation violation/deportation6/3/2012
  Q: my friend is on probation for dui, position (meth) she also had to face deportation. she was born in ...
  A: Mary- Technically, any aggravated felony conviction is grounds for deportation - especially, drugs. ...
First Offense Drug Charge6/2/2012
  Q: Okay so I was with some friends when we were stopped by a polic officer for trespassing. One of the ...
  A: Jenny- Constructive possession would not apply in this case - especially, where the guy took the ...
Cleaning up my record5/31/2012
  Q: I am in WA state. I have a conviction for Assault from 2005 and a DUI from 2005. I am having ...
  A: William- States vary throughout the country with regard to expungment of criminal records. Sounds ...
Terminology for Laws that no longer exist?5/18/2012
  Q: I am baffled that I cannot find any definition or terminology for a law that no longer exists or is ...
  A: Dante- We are not attorneys and do not know of any specific formal/legal term that defines a law ...
Texting Harassment5/12/2012
  Q: Is it considered harassment if someone is texting me about a medical condtion I have? I am unable to ...
  A: Kelly- Even after some 28-years in law enforcement, the depths to which some people will stoop ...
Traffic incident4/14/2012
  Q: My niece recently was involved in a car accident. The other driver appears at fault according to the ...
  A: Jessica, Without seeing the actual summons, we can only conclude that the other driver was charged ...
24244/11/2012
  Q: What do i do if someone forged my name on a tax form to claim a child as a dependant my sons mother ...
  A: Carlton: That is under the purview of the IRS. It could also be a federal felony violation ...
stalking3/22/2012
  Q: Tamez, I reside in Illinois. I have a situation I hope you can advise. I have been stalked by a ...
  A: Nini- The gym has the obligation to ensure their members are not harassed or intimidated by some ...
extradition3/21/2012
  Q: my boyfriend is in jail in texas waiting extardition to louisiana....what is the max amount of time ...
  A: Kerry- Texas can hold him for a "reasonable" amount of time if he doesn't waive extradition. If ...
Receiving Stolen Goods charge3/14/2012
  Q: Long story short....let a so called " friend" stay with me a couple of days because he got kicked ...
  A: D- Obviously, you're going to need an attorney for this case. Start putting together a list of ...
Can I have Battery Charges Dropped?3/13/2012
  Q: My live in boyfriend of two years is being charged with Battery w/ Family Violence due to a drunken ...
  A: Shar- The new and more enforced "Domestic Violence" laws are being found to be a double-edged ...
Extradition from Texas3/9/2012
  Q: My boyfriend is in the Nueces County Jail in Texas on an assault charge w/$1k bond, but has an out ...
  A: Regina- If the charge in North Carolina is, in fact, a misdemeanor, a couple of questions pop up. ...
access to narcotics in BOP for back pain2/20/2012
  Q: Brother is to be sentenced next month (March 2012). Six months ago, he was in a serious accident; ...
  A: Travis- There are no opiate based pain medications available in the BOP Formulary. Last we checked, ...
early termination of probation2/16/2012
  Q: I have been on formal probation since August 2009 in the state of California. When I was sentenced ...
  A: Marissa- As much as I hate to admit it, you might be better off having an attorney represent you in ...
federal/state time2/5/2012
  Q: My nephew is currently serving federal time in prison. At the time of his arrest on federal charges ...
  A: Becky- If they (State of Florida) secured a Violation of Probation (VOP) warrant for your nephew, ...
Possession of marijuana1/16/2012
  Q: What constitutes possession of marijuana? Can you be prosecuted and found guilty without actually ...
  A: Tom: Possession of a controlled substance can be the actual possession of the drug (on your person) ...
FBI Legats1/14/2012
  Q: Can you tell me if FBI agents assigned to Legats duty (i.e. in Paris France) are assigned housing on ...
  A: Steven- DEA Agents and FBI Agents (Legal Attaches - "LegAt's") are assigned to U.S. Embassy duty ...
what constitutes harassment?12/31/2011
  Q: I live in an apartment building for people with disabilities, and for senior people. Across the ...
  A: Susie- We must confess, we cannot reconcile how the scenario you described could be construed as ...
marijuana laws12/30/2011
  Q: I was caught by undercover narcatics team in Eugene, Oregon with more than 5g but less than an ...
  A: Bob- A little late to get the marijuana card at this juncture. Helping the police to make other ...
Extradition from miami,florida to atlanta12/29/2011
  Q: I have a very old warrant from 1995 in atlanta georgia the charges were possesion with intent to ...
  A: Ray- It's been our experience that states rarely keep small marijuana cases laying around for 2-3 ...
minor at school in trouble with law michigan12/1/2011
  Q: my son (15) skipped school...according to school, he was smoking pot and was suspended...i picked ...
  A: Catherine, Not sure about Michigan juvenile laws, but this whole incident sounds odd. First, not ...
Job as a Probation/Parole Officer11/29/2011
  Q: My question is I am going for my degree in corrections to a be a probation or parole officer and I ...
  A: Emma- Not many applicants for any type of law enforcement have been "angels" all their lives and ...
Dui Charges11/25/2011
  Q: I was recently pulled over, and received a dui in Pa. Out of curiosity, if I were to leave the ...
  A: Ray- First, there, is no "preliminary hearing" on a DUI. Your assigned court date would be for your ...
police lied to get into home11/22/2011
  Q: My uncle does alittle Meth. He don't sell it, trade it or anything. One day the police show up at ...
  A: Terry- The short answer is No. A "consent search" of a residence has to be knowingly and ...
urgent11/21/2011
  Q: my brother lives with me Im his sister and his legal guardian, the police to do his regular search ...
  A: Norma- Are you referring to parole/probation officers or the "police?" The police cannot search ...
harrasment11/20/2011
  Q: my wife works in an office of which she is the manager. there is a member of staff who she knows is ...
  A: Doug, Not sure about the United Kingdom's laws on recording a conversation without both parties ...
theft11/18/2011
  Q: I recently left some personal items at my mothers house in puerto rico for safe keeping while i got ...
  A: Glendaly- The short version is Yes, you can report the theft to the local police and let them know ...
harassament11/17/2011
  Q: i have been receiving harassing phone call on my cell and at my job from a jay williams @ pcs law ...
  A: Latonya- You never told us why Mr. Williams was calling you and/or harassing you. Is it a general ...
Corrections11/8/2011
  Q: I just wanted to know what kinds of programs are offered at each prison institution in Illinois.
  A: Monique- Your question is to vague/broad. There are over 47 penal facilities in Illinois, male & ...
Expungement of weapon charge Mississippi11/7/2011
  Q: I have an "Unlawful Carry of Weapon" charge which reads "Felony Unassigned" on my record. This ...
  A: Tisha- We are not that familiar with Mississippi law, but most states have an "Expungement Statute" ...
Legal issues11/6/2011
  Q: My father met then married a woman exactly one year ago, and has recently passed away. This woman ...
  A: Melody- The Reader's Digest version is "NO," a person may not change or alter their name for ...
am i looking at hard time?10/24/2011
  Q: I have a touchy question for you Mr. Tamez. I was recently served a search warrant agaisnt my mother ...
  A: Anthony- You did not mark this question/answer "Private;" consequently, anyone can read it. I would ...
misdeameanor conviction10/21/2011
  Q: I have a misdemeanor on my record in year 2000 how can it get off my record or does NC allow it ...
  A: Chanta- Most states now allow minor misdemeanor convictions to be "expunged" from your criminal ...
florida to texas extradition10/11/2011
  Q: i have a friend that recently relocated here to Florida and after doing so found out she had 2 ...
  A: Carmen- First, we have never heard of misdemeanor "Grand Theft" charges. In most states, that would ...
texting harassment10/10/2011
  Q: i have known my friend for 3 years over the three years he has repeatedly texting me complaining ...
  A: Brittney- We are a U.S. based firm and have little specific knowledge about Canadian law. However, ...
Shoplifting10/8/2011
  Q: I am 29 year old live in michigan. I got caught in shoplifting, cops came n arrested me.i paid $500 ...
  A: Mikky- The State of Michigan offers several different types of "First Offender Programs." Check ...
Teen not quite 1810/3/2011
  Q: I have a 17 year old son that will be 18 in 4 months. He has since runaway. What does Colorado law ...
  A: Jamie- Colorado Statue 2-4-401(6) defines a minor as a any person (male or female) who has not ...
"Theft By Deception"9/26/2011
  Q: Can I use the resources of the state to investigate and pursue a criminal charge of "theft by ...
  A: James- What you describe is technically, wire fraud (Internet). When he/she mailed you the cellular ...
Verbally Abusive Neighbor9/19/2011
  Q: My neighbor is a 62 year old female-alcoholic. SHe has on more than one occasion attacked me ...
  A: Maria- Make sure you keep a record with the local police. Public drunkness and abusive language are ...
Extradition9/18/2011
  Q: My husband is currently incarcerated in Neuse Correctional Facility, he has a 3 month sentence. He ...
  A: Marsha- Your husband's current facility can only hold your husband for the period of time that his ...
Statue of limitation of residential burglery in mississippi9/17/2011
  Q: What is the statue of limitation in mmississippi
  A: Valda- The statute of limitations for most crimes in the State of Mississippi is two years. You can ...
Increasing sentence9/14/2011
  Q: I'm studying Criminal Justice and I'am taking a Criminal Evidence course and we've reached a section ...
  A: Chris, First, a prosecutor does not sentence defendants - only a judge can do that. Simply, a ...
harrassing neighbor8/25/2011
  Q: So we have lived here for 4 yrs last yr new neighbors moved in..every time we go to back yard they ...
  A: Angie- Not sure where you live, but there are very few (if any) jurisdictions (states/cities/town) ...
summons8/8/2011
  Q: I have received a summons to come to a sherrifs office out of town in Gainesville fl. I'm a ...
  A: Lisa- If this is a repeat offense of trespassing, you could be looking at some jail time. ...
Probation hold8/2/2011
  Q: my husband was sentenced to set up his probation on May 11, 2011, he had to set it up by May 20, ...
  A: Shamika- Does he have an attorney for the subsequent charges that he was picked up for on 5/14? If ...
Feral Inmates7/27/2011
  Q: My friends is serving a 11 years sentencing in FBOP, but i was told that since he's Cuban he qull be ...
  A: Martha- There is a federal statute that states any immigrant (illegal or Green Card Holder) that is ...
Hung jury7/23/2011
  Q: Regarding a hung jury, if a jury cannot come to an unanimous verdict in a criminal trial after a ...
  A: Eileen- The judge maintains a lot of latitude in instructing a jury. In doing so, he/she also ...
what happens after a warrent is served7/21/2011
  Q: We were served with a search warrent just before Easter this yr. They told us it was about child ...
  A: David- First, if this is a child pornography case, you should retain/consult with counsel. Suffice ...
Parole violation7/19/2011
  Q: If parole comes to my home looking for my boyfriend, and they find him, can I get locked up and my ...
  A: Jacqueline- Based on the way you phrased your question, are we to assume that he was wanted for a ...
Dog summons7/15/2011
  Q: I live in Oquossoc ME in Rangeley plantation. My dog who is 10 yrs old, never bit anyone in his ...
  A: Kevin- We are not familiar with Maine's specific "leash law," but most require you to have your dog ...
Neighbor7/14/2011
  Q: I have a neighbor who lives behind my Mothers house who has a egoistic attitude..However, besides ...
  A: Crystal- I am a little confused, you say you have a fenced in yard so how does the choc. lab get ...
Extradition6/30/2011
  Q: My husband is currently incarcerated in falkenburg jail in Florida. He violated probation in North ...
  A: Mariah- We are in no position to know what the specific North Carolina jurisdiction's budget looks ...
class b criminal mischief6/29/2011
  Q: If a person pleaded Deferred Adjudication and finished the probation period what should they do when ...
  A: Joe- You are not the first person to ask this question. It is true that a "Deferred Judgment" does ...
Retainer lifted6/28/2011
  Q: A friend of mine was arrested they were on probation and had a warrant for simple assault which was ...
  A: Minnie- Your friend's attorney should be on-top of his case and what detainers are still in effect. ...
house arrest6/26/2011
  Q: My brother just recently went up for parole a month ago and is residing with our dad,they denied his ...
  A: Renee, As you know, most states give a lot of latitude to the Parole Board (PB) and to Parole ...
Aggrevated Robbery6/24/2011
  Q: I live in Texas. I was out with my lady and her little boy, and a 16 year old friend. I saw a guy ...
  A: Patrick- Well, interesting story to say the least. The Reader's Digest version is Yes these charges ...
simple assault defense6/21/2011
  Q: what kind of defense can be used for first time offender of simple assault? this gentleman (employed ...
  A: Lisa- Sounds like this individual might be considered a "good Samaritan" in this incident. That ...
Harassment/ DV6/18/2011
  Q: Kevin, My ex boyfriend has been stalking me and was sitting in my driveway one evening when I was on ...
  A: Leslie- Sounds as if your former BF has serious personal and psychological issues. As such, he is ...
Felony Warrants & extradition6/14/2011
  Q: I have a felony warrant out of Missouri for a class B felony DWI. I also have a failure to appear ...
  A: Shane- It is true that "traffic" cases are sometimes deleted from NCIC after a period of time. You ...
Expunged Record..Show Up in FBI Check?6/8/2011
  Q: Tamez, I hope you can help me as I'm very anxious about my situation. I'm a new nursing school ...
  A: Kelly- Just so we understand you - we are discussing an "Expungement" and not a "dismissal" of ...
online pics6/3/2011
  Q: This is my story, my girlfriend found a couple of pictures I had printed out online. Two which were ...
  A: David- Although the wrath of a former wife/girlfriend never ceases to amaze us, it sounds to us as ...
Harrassment???5/31/2011
  Q: I live in NH and my boyfriends ex wife of 12 years harrasses him ,his family and most recently me as ...
  A: Jennifer- Harassment is a misdemeanor crime and can be punishable by jail time. These incidents ...
absconding from probatition5/29/2011
  Q: I am on probation in kansas for driving while suspended x2, and misdemeanor theft. I have recently ...
  A: Beau- Usually, states will not extradite for misdemeanor offenses. However. most states also have ...
I was injured while incarerated5/24/2011
  Q: I was incarcerated at Macomb County Jail. My question down to the point is, I was attacked by an ...
  A: Joseph- You have civil remedies against the jail. You should check with a civil attorney about a ...
civil matter5/22/2011
  Q: Kevin, In a nutshell a former friend embezzled about 20k from a joint business account. All MY ...
  A: George- Obviously, you know the credit card fraud involves separate felonies and you appear to have ...
Criminal Law5/22/2011
  Q: Is it illegal for a mother to take and hide her 25 year old daughters controlled substance ...
  A: Kaylen- The simple Reader's Digest version is yes - it is technically, theft of personal property ...
Child Support5/19/2011
  Q: I live abroad and pay child support in SC. I was behind by a couple of payments and may have had a ...
  A: Scott- Unlike alimony, most states have a real short sense of humor when it comes to missing Child ...
shoplifting at shoprite5/17/2011
  Q: First time offender of Shoplifting at Shoprite for $30. He said you will receive something in the ...
  A: Marie- Our experience in these matters has been 2-weeks, but we don't need to quibble over a week ...
hello.5/17/2011
  Q: .my question is will I go to jail if I'm being charged with my First offense lying to a cop about my ...
  A: Mark- If you have no prior criminal record and the "false statement" wasn't germane to a serious ...
larceny by employee5/10/2011
  Q: Im 30 yrs old...no record...but recently have gotten in trble at wrk for larceny by employee ...
  A: Misty- You never specified whether you were formally charged by the police. If they did charge you, ...
class c misdemeanor5/8/2011
  Q: My Son was arrested this morn. class c misdemeanor for drug paraphnilia. We live in E Texas. will ...
  A: Shelby- If your son was formally charged and fingerprinted, he now has a criminal record. You can ...
probation violation5/8/2011
  Q: someone very close to me was arrested sometime ago for felony narcotics charge for having ambien ...
  A: Tim- I must confess, I have never heard of anyone receiving such a harsh sentence for possession of ...
hello5/6/2011
  Q: i quit my job 2 days ago and my boss has begged me to come back. i refuse to go back. my car is ...
  A: Cassie: I must confess I am a tad confused. If you were "financing" your car, you shouldn't have ...
Public Drunkenness and Ambulance5/4/2011
  Q: I was stopped by a policeman in a college town and had a high enough BAC where he had to call an ...
  A: Andrew- I'll assume you weren't driving (at least I hope you weren't under these circumstances) so ...
Possesion of stolen goods under 2000.004/27/2011
  Q: my son was charged with possesion of stolen good under 2000.00, but finally admitted that he ...
  A: Cathy- You didn't specify a state and your question is somewhat confusing. We will assume he was ...
non violent marijuana crime4/21/2011
  Q: Hi i tried to get a passport and the state dept told me i had a felony warrant for a non violent ...
  A: Daryl: Not sure the specific details about your California warrant, but for certain non-violent ...
neighbor property/criminal dispute.4/17/2011
  Q: I am not sure where or how do address this issue, but I need help. I am currently at my residence ...
  A: Linda- Frustrating to say the least. I would first ask the police what has been done, if anything, ...
Bond4/13/2011
  Q: Will a judge set bail If some other state wants you
  A: Rose- It depends. If the person is a fugitive and was captured in another state, probably not. They ...
Can i get in trouble for tresspassing4/7/2011
  Q: I went up to a camp site in Pennsylvania and i was driving around with my little brother looking for ...
  A: Bryan- The Reader's Digest version is yes..if you trespassed on private property to get the metal, ...
Used Profanity While on My Property at Someone Elses Kids Who Were Harassing Me4/4/2011
  Q: I was outside yesterday, minding my own business when some kids (about 6-7yrs old) that were next ...
  A: Nellie- You can have the neighbor control his kids, but something like this is a "he said/she said" ...
extradition from Florida to Georgia4/3/2011
  Q: If extradition is fought from Florida to Georgia on a violation of probation charge how long can my ...
  A: Scott- If he is fighting extradition, they will schedule an extradition hearing in Florida and that ...
credit card theft4/2/2011
  Q: I live in NH and was contacted by a MPD detective she stated it wouldn't go any further then ...
  A: Bre- From the short story you provide, it sounds like you got yourself involved in a Credit Card ...
minor with possession4/1/2011
  Q: I'm a minor and got charged with possession. i am now on probation. when i first talked to the ...
  A: Corey- If you were convicted of a drug offense and given probation - especially as a minor - drug ...
Options to consider before court date for 5th degree shoplifting in Iowa3/30/2011
  Q: I'm 22 years old and recently arrested for shoplifting in Iowa. It is my first my offense and the ...
  A: Jared, We always recommend that you speak with an attorney in a criminal matter. If that is not an ...
Petit Theft3/28/2011
  Q: last week I was caught stealing $35 worth of stuff (mainly cosmetics)from my local Walmart and was ...
  A: Gloria- We always recommened people get an attorney in any criminal matter because a conviction ...
Will they extradite?3/24/2011
  Q: I live in NY my daughter is 18, they expect me to pay until 21, I refuse, I assume they will ...
  A: Fred- First, you need to be aware that all states take "child support" VERY seriously. However, we ...
shoplifting3/22/2011
  Q: I was caught shoplifting and I have a summons to appear in court. This is my first offense and I'm ...
  A: Gwen- Although he might like to think so, store security personnel have no say in your sentence. ...
Illegal driver's license3/22/2011
  Q: I have two sons. The younger son used his older brother's driver's license to get a license with his ...
  A: Linda- If he filled out the official state DMV form and signed his brother's name, he falsified a ...
relationships3/22/2011
  Q: I am currently on probation for a class C felony assault. My probabtion officer is telling me that I ...
  A: Ned- We have not heard of a probation officer setting the such strict and specific parameters of a ...
acceptable substance for UA3/21/2011
  Q: will cialsis show up dirty in my urine analysis and/or if i wear the patch?
  A: Scoot, Usually, urine tests are geared to detect illicit drugs that are commonly abused by ...
MY son's rights3/19/2011
  Q: My son is 17 and will be 18 in May , he is now at the detention center for charges of burglary and ...
  A: Judy- You didn't specify a specific state, but if your son is being held in an adult Detention ...
2 counts of criminal trespass in WA state...3/18/2011
  Q: I was originally charged in King County Superior Court with 2 counts of Residential Burlary; I was ...
  A: Dan, We are not familiar with King County's routine sentencing habits nor have we read your ...
Impersonating and EMT3/16/2011
  Q: What law is there, if any, for someone to impersonate an EMT. They are not caring for patients or ...
  A: Judy- You never provided a state, but it is usually a Class 4 felony to impersonate a paramedic in ...
warrant3/15/2011
  Q: My 20 year old boyfriend is on probation in Illinois and he ran to Minnesota. He had just got ...
  A: Lyndsay- Check with the conditions set on the Illinois Bond. Usually, they will require you to get ...
Harassment3/12/2011
  Q: My son and girlfriend have broken up (he is 33)She has now become vindictive about him seeing his ...
  A: Victoria- Harassing telephone calls is a misdemeanor in most states as is "terroristic threats." We ...
Leaving the country on Probation3/10/2011
  Q: just a quick question. I've been on probation for about 2 years, and i still have to complete 3 more ...
  A: Gustavo- Rarely, if ever, would state authorities attempt to extradite a person from a foreign ...
Assault On a Minor2/27/2011
  Q: A 36yr old male in Ohio punched a 17yr old (not related) in the face. The same 36yr old male shoved ...
  A: Heather- One will considered a domestic assault/violence and the other simple assault. And yes, ...
wobbler provision2/25/2011
  Q: when did the state of California institute the wobbler provision?
  A: Robert: Although California law is not really our area of expertise, we wanted to educate ourselves ...
felonies2/22/2011
  Q: Would a warrant still be active after 10 yrs. from walking out of a Half way house, but still being ...
  A: Manuel: You didn't provie much information, but I would suspect that the warrant would still be ...
felony warrent2/21/2011
  Q: My brother was arrested 11 years ago in Washington state for a misdemeanor assault. He plead not ...
  A: Dar- There could be several possible explanations. First, if the initial misdemeanor charge was ...
domestic assault 3rd degree2/20/2011
  Q: Please help. My wife and I after 6 years of marriage and me never having been in trouble for ...
  A: Kyle: Domestic abuse, real or imagined, is a very touchy issue for obvious issues. In some ...
Personal Check forgery2/19/2011
  Q: I signed my mother's name to a personal check of her's. She says she is going to file forgery ...
  A: Lisa- In this case, several factors would need to be explored before we could render an intelligent ...
RICO statutes2/18/2011
  Q: Im not sure if you can answer this. Debate the pros and cons of the RICO statute.
  A: Rudy- The RICO statute is an extremely effective tool for federal prosecutors, but is also alleged ...
Underage Consumption Citation, voided2/15/2011
  Q: On February 5th, I was stopped by a security officer because I was "stumbling and falling," even ...
  A: Nanis: For obvious reasons, US colleges are taking campus drinking extremely serious. Several civil ...
General Harrasment2/10/2011
  Q: Yes Sir , i have a question regarding harassment. Yesterday i was on Facebook and i was searching ...
  A: James: Sounds like she got caught "playing" on line and tried to explain it to her BF at your ...
immigration2/9/2011
  Q: I'd like to know why, when illegal aliens enter this country in effect committing a crime doing so, ...
  A: Dave, Stand in line with millions of other Americans trying to understand our "immigration laws." ...
criminal liability exercise2/8/2011
  Q: if three people plan a robbery then one gets cold feet are all three guilty of robbery
  A: Jerry- The Reader's Digest version, yes!! If two or more people plan to do an armed robbery and ...
wrongfully covicted2/6/2011
  Q: i was convicted for possesion 5yrs ag. there were no drug found on my person or vehicle.drugs were ...
  A: Clifton, Although you never specified where this took place, there are several of these types of ...
evidence2/5/2011
  Q: We live in CA. Boyfriend is being charged with PC368(D)elder theft and PC459 burglury. It was ...
  A: Cindy- You need to get your boyfriend's attorney to do his job. Your boyfriend should be the one to ...
Fugitive Warrant2/4/2011
  Q: My Husband is currently serving a sentence in Maryland. He has a Fugitive Warrant in Georgia for a ...
  A: Amanda- Although you didn't specify what facility your husband is in, we have handled cases exactly ...
DNA2/2/2011
  Q: CAN DNA BE ENOUGH TO CONVICT A PERSON IN A NON VIOLENT CRIME AS THE ONLY SOLELY PIECE OF ...
  A: Maria- You really haven't provided enough details for us to answer this question properly. Suffice ...
Order of incarceration2/2/2011
  Q: A judge with the Superior Court recently ordered my X-husband in contempt and ordered incarceration ...
  A: Laura- We are not that familiar with civil extradition issues between Georgia and Indiana. ...
Juvinile Theft2/1/2011
  Q: 80 dollars and i lied and said i wasn't meaning to steal i want to come clean but the crime was ...
  A: Katie- Well, you seem to be on the right path already by feeling so bad and learning a lesson from ...
2nd degree burglary1/31/2011
  Q: some one I know got an accessory to 2nd degree burglary charge they set his bail at 5000 he went in ...
  A: Tilitha- In order to answer this question specifically, we would need more information. However, ...
retail theft1/30/2011
  Q: I stole a piece of luggage from a large chain store. I placed the smaller piece into the bigger ...
  A: Olivia- Not everything is always as it seems in retail theft. You assume they have you on camera - ...
bad check (2)1/29/2011
  Q: A woman stole several checks from me without my knowledge, she wrote them to her boyfriend, he would ...
  A: Beverly, I would suggest discussing this issue with an attorney. If this SC business will not make ...
Connecticut home invasion vs Knoxville Horror1/23/2011
  Q: which crime was worst? if you do not know the crimes look it up, these two crimes have to be the ...
  A: Tony- Not quite sure you can (or would even want to) categorize which of these crimes are the ...
Probation Violation.1/21/2011
  Q: I'm currently on probation in Md, I was arrested in De and let go with 3 fines. I was criminally ...
  A: Jake: I would say that it will once your MD Probation Officer (P.O.) finds out, however, it will ...
crim mis/1000+1/21/2011
  Q: Seq No. Charge Charge Type Disposition 1 CRIM MIS/1000+ FELONY DEF PROSECUTION PGM 2 ...
  A: Benyego: The are common charges and found frequently in states like Florida, New Jersey and others. ...
Shoplifting1/20/2011
  Q: I stole 2 pairs of child's jeans the other day from a department store. No one stopped me before I ...
  A: Quinn: The simple answer is that it would be extremely difficult for them to make a case against ...
Aggravated Assault1/20/2011
  Q: My son is 23 and has resided in Georgia for the past 5 years. He was recently charged with ...
  A: Delores: You have combined several issues into one so we really can't comment specifically and your ...
expungement1/20/2011
  Q: I've lived in NJ my whole life in 1995 I was convicted of 4 counts of robbery as a result of my drug ...
  A: Brian- NJ does offer expungement of criminal records in some cases, but you didn't specifiy what ...
Going to court1/18/2011
  Q: Can you get taken to court or arrested etc. for sending an offensive / abusive e-mail to your school ...
  A: John- We are not that familiar with English Law, but will assume that a 14 yo boy would not be ...
"motion for transport"1/15/2011
  Q: When my son was in the Seminole county jail in Sanford, Florida, another inmate helped him write a ...
  A: Diana- Based on your explanation, we will assume your son has a defense attorney, either retained ...
possession1/15/2011
  Q: I got pulled over n taken to jail for drivin while revoked I asked the officer to roll up my truck ...
  A: Jamie- The Reader's Digest version - yes, he has that right. If you are placed under custodial ...
first degree robbery in Iowa1/14/2011
  Q: Do you know what the penalty is, I'm sure it varies.
  A: Greg: Iowa Penal Code 711.2 defines ROBBERY IN THE FIRST DEGREE if while perpetrating a robbery, ...
I want to go to school to be an homicide detective?1/14/2011
  Q: I want to go to school to be an homicide detective but i really don't know what i would have to do ...
  A: Chantaria- In order to conduct the functions of a "Homicide Detective," more often than not, you ...
statue of limitation on possession of marijuana1/14/2011
  Q: Ok it will be 4 yrs. In march and the police came to my house investigating a robbery and they were ...
  A: Denisha- You present several issues and we really don't have a lot of information to work with. ...
Homocide Detective1/13/2011
  Q: What ALL does it take to become a homicide detective
  A: Jazziiey: All police departments have their own promotional and assignment guidelines, but most ...
life sentence??1/11/2011
  Q: I will try to make this short and to the point. Defendant is being charged in Ca. with TITLE 21, ...
  A: Victoria- We will assume you are referring to Title 18 U.S.C. § 3559(c) which mandates a ...
drug possession1/10/2011
  Q: 18 year old military dependent living in Germany caught with 1gm marijauna what will happen and ...
  A: Kristin- There was a day when any drug conviction could be an automatic disqualification from ...
Criminal Law1/10/2011
  Q: for years ive been searching for my father and found him in nogalez,az. it took me years to find him ...
  A: Ramon- First, we are confused about your Dad's background. Most Cuban refugees from the April 15 ...
rights in a joint land contract1/10/2011
  Q: my girlfriend moved out approximately 2-2 1/2 months ago, bouncing from place to place over this ...
  A: Tim- Our expertise is geared more to criminal issues and law enforcement. We would suggest sending ...
minor1/9/2011
  Q: my grandson is 17 soon to be 18, got into trouble for taking a snowmobile, got arrested and put into ...
  A: Marian- We are not aware of any of the specifics involving your grandson's arrest, but Wisconsin ...
deadbeat dad1/7/2011
  Q: My Ex husband just moved away with no forwarding address and there is now a warrant out for him in ...
  A: Toni, We are based in NJ and can assure you that NJ authorities, as do most law enforcement ...
motion to withdarwl1/6/2011
  Q: i paid my atty. for my 1st dui,then got another have not paid in full for the second one now hes ...
  A: Robert: I am not aware of any instance wherein a Judge allowed an attorney to withdraw from a case ...
off parole early so i can live my life.1/4/2011
  Q: I need advice on how to find the right lawyer and how to do this right. I served 8 years in prison ...
  A: Mr. Evans: As you probably know, "child molesters" never garner much sympathy from either the ...
Extradition1/3/2011
  Q: My husband was arrested in Georgia on a warrant from Ohio. He went in front of a judge 6 calendar ...
  A: Stephanie- The courts rarely give the requesting state a deadline to pick up a defendant, but 20-30 ...
is this an illegal search and seizure12/31/2010
  Q: first of all I'd like to thank you for your time. my concern is for a case i am fighting regarding ...
  A: Morgan- Your rendition of the facts lacks a lot of detail that would help with a more concise ...
Cars broken into12/31/2010
  Q: My friend lives in Indiana. She and her boyfriend each had their cars broken into overnight and ...
  A: Lynnae- If the police catch the ex with any of your friend's property, they will no doubt charge ...
Ex threatening to charge me with theft12/29/2010
  Q: My ex-boyfriend is threatening to press charges for theft and use of stolen property. He has not yet ...
  A: Michelle- Classic domestic dispute. My suggestion would be to call the police and report the ...
Extradition is approved for Pennsylvania only12/28/2010
  Q: I was wondering if someone where to have a warrant out for their arrest in Pennsylvania and it said ...
  A: Erica- Sounds like the warrant is for a minor (petit) crime and the charging jurisdiction in ...
hot checks12/27/2010
  Q: what is the penalty in texas for hot checks that are worth 200 dollars?
  A: Marcus: Not quite sure what you mean by "hot" checks. If you have insufficient funds in the bank ...
mexico interigations12/24/2010
  Q: i am a us citizen and mexico investigators want me to go there to give a statement to them while i ...
  A: Mike- You are correct to be cautious about volunteering to go to a foreign country for ...
Son's failure to comply with Probation12/22/2010
  Q: my son lives in Virginia and has a court date in Jan. for failure to comply with probation. I think ...
  A: Lynda- You son should already have an attorney in Virginia. If he doesn't, he should as for a court ...
question12/22/2010
  Q: how long does the state of pennsylvania have to come get someone while being extradited?
  A: Jaisy- The arrestee is first entitled to an extradition hearing or an opportunity to waive the ...
can i file charges?12/21/2010
  Q: i was told by a person that they would beat me down? i didnt do anyhing at the time but now they ...
  A: Monique- You didn't say what state this was occurring, but in most states, this would be considered ...
Limitations of searches by Probation officers12/17/2010
  Q: I just recently was busted for the possession of Marijuana, and I just found out that my Probation ...
  A: Jae- Different states give different latitude to their parole/probation officers with respect to ...
Underage drinking12/13/2010
  Q: I was wondering, what would happen to someone who just turned 21 drinking with people who are under ...
  A: Michael- Most of your answer depends on what state this occurred and what local ordinances were ...
wrongful imprisonment12/9/2010
  Q: my daughter boyfriend was a roommate to this guy who sold drugs to an agent twice. it was cocaine ...
  A: Rose- You really haven't provided enough facts for us to intelligently answer the question(s) that ...
Harrassment12/4/2010
  Q: I was a partner in a business a few years ago and the business failed after a few years. My silent ...
  A: C- If your ex-partner works for the IRS, she is subject to a very specific Code of Conduct with ...
Verbal threat by teacher12/4/2010
  Q: My son was recently punched by a fellow student off school grounds. The punch was unprovoked and ...
  A: Bill- Depending on the state you reside in, such an assault can be deemed a felony - an assault ...
Public Official12/3/2010
  Q: Is it legal for a public official like a member of city council or board of supervisors to remain in ...
  A: Larry- Several factors would need to be considered about a "public official." First, was this ...
aggravated harrassment12/2/2010
  Q: I live in NY State and have been charged with two seperate counts of aggravated harrassment in the ...
  A: Trisha- Most states have laws in place that protect consumers against annoying or harassing ...
simple possesion/ probabtion12/2/2010
  Q: My friend who I will let remain anonymous at this point called me the other day and asked me this ...
  A: John- Your question is somewhat "choppy" and not very specific, but here goes. If your friend has ...
parole11/30/2010
  Q: If moving from a state with a five year parole tail, what would the expected period of parole be in ...
  A: Michael- As you well know, you can't move from one state to another if you are on parole without ...
Federal / State tax filing & refund check deposited without spousal knowledge / consent11/29/2010
  Q: My inlaws have been separated, but not divorcerd for 20 years. My mother-in-law lives in Europe ...
  A: Thomas- Your father-in-law has either gotten re-married without getting legally divorced thus, ...
Police Questioning11/17/2010
  Q: Tamez, I'm a permanent resident in the U.S. and I've been living there for the past two years, two ...
  A: Franz- First, just because the police wanted to question you doesn't necessarily mean you've been ...
Roommate issues11/17/2010
  Q: I know this is a bit petty and silly but i had a male roommate that just recently moved it. He took ...
  A: Karen, By starting your question the way you did, you probably already know the answer to your ...
Lifetime Statute of Limitations vs Right to Speedy Trial11/16/2010
  Q: My daughter (23) was falsely accused of sexual assault of a 15 y.o. minor (not a "child") in Texas. ...
  A: Diane- First, don't confuse "Statute of Limitations" with Speedy Trial Issues. A "Statute of ...
my 17year old11/15/2010
  Q: my 17 year old daughter is on the run from a warrant she has for larceny she has also ran away form ...
  A: Roxanne- Obviously, your daughter has a lot of issues at a very early age. If the State of Michigan ...
burglary11/14/2010
  Q: My house was broken into twice. I have questions regarding procedures. Why would 2 different ...
  A: Rob: Sounds frustrating but not all that uncommon. You ask several questions so I'll try and do ...
Noise disturbances11/14/2010
  Q: My situation: I live in a town home, in Aurora Colorado. I have a neighbor on an adjoining wall ...
  A: Stephen- You have a couple of options. First, you can check and see if there are any other ...
Probation11/13/2010
  Q: My partner is currently in jail for VIOLATION OF PROBATION, 1ST VIOL. She was on probation for ...
  A: Ashley- There is really not enough information here for me to answer your question specifically ...
time limit11/13/2010
  Q: what is he time limit for the state of ohio to be able to charge a person for a traffic ...
  A: Tracy- You really haven't provided enough information about this particular incident for me to ...
Parol help11/10/2010
  Q: My fiance and the father of my child was convicted of adding and abiding crimal sexual conduct on an ...
  A: Amanda- Your fiance will soon come to realize that all of the post-conviction restrictions, demands ...
help11/10/2010
  Q: i am writhing because my fiancee is currently sitting in otoe county Nebraska after he was arrested ...
  A: Kilynn: You kind of breezed over how the police even knew your boyfriend was sitting in the car ...
Expungement and travel11/7/2010
  Q: I am currently post-adjudication for a Class D Felony of Forgery related to prescriptions. I have ...
  A: Tyler- Most foreign countries will do some type of criminal check for an individual applying for a ...
Is there a statue of limitations on arrest warrants in michigan?11/6/2010
  Q: I was a victim in a road rage in michigan heading to Ohio. I reported incident to Mi St police. ...
  A: Lane: You bring up several issues in your question so I'll try and answer them based on the limited ...
theft?11/5/2010
  Q: I was in Boise Idaho 2 wks ago, while there I went to Target with my sister in law. I used to have a ...
  A: Stephanie- I must confess, I have never heard of a Target Security staff doing any type of ...
federal law11/3/2010
  Q: can a persons brother be held in the same prison in law
  A: Joseph- The U.S. Bureau of Prisons (BOP) has a "general" policy wherein they do not allow ...
Fleeing the scene of an accident11/3/2010
  Q: Tamez, my sister and cousin were involved in an accident. My sister let my cousin (who doesn't have ...
  A: Jim- Based on your name header, shall I assume this incident occurred in Canada? If so, I won't be ...
Criminal Mischief 4th degree11/2/2010
  Q: I was in one of the bathrooms underneath the dining hall just about to leave. The doors to those ...
  A: Matt- First, since this is a criminal case, I would suggest you get an attorney under any ...
Gary Condit testimony in Chandra Levy murder trial...11/2/2010
  Q: Mr. Tamez, When former Congressman Gary Condit took the witness stand in the Chandra Levy trial, he ...
  A: David- An excellent observation on your part and a logical question. You are correct, a witness on ...
Speeding Ticket form error11/1/2010
  Q: I received a speeding ticket in Benton County in the state of Washington. The issue is this: The ...
  A: Spencer: Not sure if you meant that your "Driver's License" is California or your "License Plates" ...
Extradition to Mexico of Naturalized Citizen10/30/2010
  Q: My dad recently got arrested by the Marshalls for a charge under probation violation in Texas. ...
  A: Stephanie- You failed to advise if you Dad was a US citizen. That aside, either way, the answer is ...
neighbor harrassment10/26/2010
  Q: My neighbor took a personal protection order out against my husband and he is following it to a tea. ...
  A: Geri- If I were your husband, I would call the police first. Have them come to your house, explain ...
private question about porn. plz read10/24/2010
  Q: you might not be able to help but I have no idea who to ask. I look at porn.. I guess most people ...
  A: Desirai: I know of no U.S. based pornographic websites that openly display explicit underage sexual ...
employee theft10/23/2010
  Q: if someone works for you and they steal cash from the register they are operating what can they be ...
  A: Kelly- Florida's theft laws are pretty cut and dry. Any theft of property valued at less that $300 ...
Neighbor harrassment10/18/2010
  Q: I have owned a small group of houses for 15 years. The area of town is poor and run down.The ...
  A: Luis: The most logical explanation would be to swear out a compliant against the man with the ...
divorce decree forgery10/16/2010
  Q: iv been separated from my husband physically for 4 years. i havent been able to afford a divorce ...
  A: Julie- Let's assume for the purposes of this response that you husband is formally remarried and ...
promise to appear - police harassment10/15/2010
  Q: My son was given a promise to appear in court sept 8th. My son, lawyer and myself were at court but ...
  A: Tracy- I am surprised that your attorney has allowed this to occur - other than the fact that he's ...
bond reduction10/14/2010
  Q: Does a judge have to give you a bond reduction if you cant afford the original bond? i am in the ...
  A: Areesah- The Reader's Digest version to your question - No. Any state or federal defendant is ...
with holding information from a judge10/12/2010
  Q: if a lawyer sends a motion for a witnesses information to be brought in front of the judge and the ...
  A: Joseph: I am not quite sure exactly what your questions is, but it sounds like a defense attorney ...
10 year old charge10/10/2010
  Q: My fiance is being released from a De.prison in a couple days. He found out when he turned himself ...
  A: Elizabeth: Well, as I read your question, a couple of questions come to mind right away. If your ...
battery ?10/6/2010
  Q: i was really drunk 1 nite out with mates, the taxi driver started arguin with us, i got really ...
  A: Tom- You didn't provide a state that this occurred, but that may not be relevant at this juncture. ...
what happends when ur charged with a violation in ny state10/4/2010
  Q: in ny state if u are charged with harassment in the 2nd-degree and found guilty what happens
  A: Anthony- There are two actually (2) different Harassment Charges (in the 2nd Degree) in New York. ...
felony theft10/4/2010
  Q: Please help me understand the rights of someone accused of felony theft in Texas. The charges were ...
  A: Woodie- The wallet being left behind could be considered lost/abandoned on the employer's property ...
Failure to report an accident10/4/2010
  Q: My son skidded through a stop sign and put his vehicle in a ditch. He walked home and called his ...
  A: Joyce- Not sure of all the details in this case, but shall I assume your son told the Sheriff he ...
penalty for crime10/4/2010
  Q: A few weeks ago while riding on the subway I received a pink summons for illegal handcuff which is ...
  A: Barry- Sec 10-147 makes it unlawful to possess handcuffs, thumb cuffs, leg irons and even flexible ...
Harrasment10/3/2010
  Q: I live in Northern Michigan and I have a neighbor who unfortunately he is my wife's brother. His ...
  A: Tom- Not familiar with a "personal protection order," but will assume it is on par with a ...
Embezzlement10/2/2010
  Q: I am a victim of embezzlement, I entrusted my cash to someone I personally knew but she run away, ...
  A: Mark- Not sure if this offense happened in the United States or abroad. Secondly, I'll proceed ...
third grade felony-retail theft9/30/2010
  Q: I got caught shoplifting at walmart last year for 62.00 paid a fine to the court and to walmart this ...
  A: Susan- You appear to have several things going against you. The first of which, you have a prior ...
Jail Time9/29/2010
  Q: I was sentenced to due 5 weekends in the couty jail for falling behind on my child support. The jail ...
  A: James- There are both state and federal laws that prohibit the "inhumane" treatment of an ...
retrial after sentance and release9/28/2010
  Q: I was convicted of assault and battery and completed sentencing and parole. Not understanding what ...
  A: Kenneth: Reader's Digest version, probably not. The state courts are so backed up, few if any will ...
criminal mischief9/25/2010
  Q: I was sited for criminal mischief in the 5th degree a few weeks ago, for driving on grass that lies ...
  A: Luke- In the state of Iowa, criminal mischief in the 5th degree is a criminal charge you face if ...
tax refund check forgery9/25/2010
  Q: my question is about tax refund check forgery.i live in arkansas.my ex lives in new mexico with my ...
  A: Mike, IRS income tax refund checks are paid by/through the U.S. Treasury - either by direct deposit ...
Civil lawsuit for fingerprints9/23/2010
  Q: My son is 15 years old and was arrested in April 2010 for burglary for which he admitted. He was ...
  A: Sabrina- The Laws of New York Chapter 645 mandates the procedures to be followed in fingerprinting ...
Arrest of illegal immigrant for felony shoplifting8/23/2010
  Q: When an illegal immigrant is arrested for felony shoplifting what is the required police procedure" ...
  A: Mary, As you are probably aware, U.S. Immigration policy/procedures are more and more in the public ...
drug test8/19/2010
  Q: If I failed a drug test for the first time, but had two incomplete urine test(not testable) can my ...
  A: Tese, Each state has different probation policy and procedures, but usually Probation Officers are ...
Can i drop the charges that were pressed on my exboyfriend.8/18/2010
  Q: Me and my exboyfriend got into a argument i locked my self in my parents house he broke in my house ...
  A: Karina- This is one of those things that prompted the saying, "..you can't get that Genie back in ...
domistic violence8/15/2010
  Q: Me and my girlfriend got into agrument on the phone she was at work I was home so I told her I was ...
  A: Shawn- For obvious reasons, these types of "domestic violence" cases are extremely sensitive. ...
law8/15/2010
  Q: ian unknown assailaint walked into my hotel room and opened fire witha shotgun ! i was hit and the ...
  A: Billy- Reader's Digest version - Yes!! As you report the incident, it would appear that the motel ...
probation search8/14/2010
  Q: When a probation search is going to take place at the residence of a level three intensive ...
  A: Jalissa- Each state has their own set of probation/parole search requirements and your question ...
Police SOP and Traffice law in Aurora Colorado8/14/2010
  Q: Today my wife was followed by an officer in a regular patrol car, then after my wife parked her car ...
  A: Stephen: Unfortunately, a majority of traffic violations are based on the word of the reporting ...
Theft by deception8/12/2010
  Q: I got a painting job. I measured all the walls and ceilings and it came to 5000 sqft. I charged ...
  A: Mike: In that you were arrested in this matter, I will assume that you either have a retained or ...
homicide detective8/7/2010
  Q: And what do you have to do to get transfer to another department out of the state you are in?
  A: Andre- You have a ways to go, but I admire your career ambition. To answer your question, in almost ...
Lying To The Police8/4/2010
  Q: I just caught a case for violating a protective order. The neighbors of my girlfriend called the ...
  A: Adam- This sounds like a "he said/she said" type case with you vs. the neighbors. Unfortunately, ...
Nesha8/3/2010
  Q: What does the charges BURGL STRUCT OCCP mean
  A: Nesha- "Burglary of a Structure while Occupied." Simply put, some state law differentiates between ...
I don't know want to do8/3/2010
  Q: my boss hasn't pay me in a month I told him I would go to the department of labor he got anger and ...
  A: Mussie- It's against federal %26 state law to obtain services from an employee without providing ...
Probation Searches8/2/2010
  Q: 5 people live in the same house in CA, 1 of them is on probation. He (the probationer)goes to jail ...
  A: Staci, I answered this previously. The MPM Group, Inc. Disclaimer: The MPM Group is not a law ...
illeagal search8/2/2010
  Q: I am on felony probation and i know that my residence, car and person can be searched by any police ...
  A: Jordan- You left many important issues out, but I'll do the best I can with the facts that you ...
ARRESTED!!!!!8/1/2010
  Q: my older brother was arrested on warrant carges in california for felony vandalism his bail is five ...
  A: Herk: If your brother was arrested in Oregon on a felony warrant issued out of California, the ...
shoplifting in ca.7/27/2010
  Q: i am so very ashamed its beyond me as to why i got myself in this mess. i got caught shoplifting $50 ...
  A: Isabella- Yes, I would, at the minimum, consult with a lawyer. Have him check what you signed with ...
gun rights7/26/2010
  Q: I was convicted of a misdemeanor 4th degree assault/domestic violence in WA in the mid 90's. I was ...
  A: Good Morning: Ordinarily, it takes a felony conviction to prohibit/prevent a person from ever ...
criminal penalties7/20/2010
  Q: In Pa., is there a criminal penalty for allowing an absconder from a court ordered treatment program ...
  A: Good Afternoon: Depending on the person's legal status with the court and/or the specific type of ...
hi7/20/2010
  Q: hi i was wondering what state typically has the shortest sentencing guidelines for property crime or ...
  A: Sir: I have read your comments concerning my response to your question and again wanted clarify my ...
probation drug test NYC7/20/2010
  Q: i have to take my probation drug test tmrw,, i am not worried about passing or failing ,,, been ...
  A: Good Morning: Federal/state drug tests are usually administered through urine samples. Depending ...

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Kevin M. Tamez

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Kevin M. Tamez serves as one of the most senior and experienced consultants at The MPM Group, Inc. During more than 27 years of both state and federal law enforcement experience, Mr. Tamez held supervisory roles with state law enforcement as well as senior management positions with the U.S. Department of Justice - serving in both domestic as well as foreign posts. In addition to his extensive foreign operational experience, Mr. Tamez is a court adjudicated expert in most Title 18 and Title 21 complex criminal, undercover, and electronic (Title III) intercept investigations. As a senior manager, he is also an authority in most government administrative matters to include Human Resource and Workers’ Compensation issues. Mr. Tamez has broadened his already considerable expertise by authoring various legal reference and inmate advocacy manuals. Mr. Tamez is frequently sought after for his expertise in counseling and preparing convicted law enforcement personnel, politicians, and other “celebrities” for reporting to a federal penal facility.

Experience

More than 27-years of both state and federal law enforcement. Uniform patrol, Tactical Operations, SWAT, Detective Bureau (Narcotics), and Uniform Supervision. U.S. Federal Agent (Series-1811), all facets of complex domestic investigations, Special Operations, Paramilitary operations overseas, senior management, strategic planning, etc.

Publications
Mr. Tamez has authored several formal "Position Papers" as well as several legal reference manuals to include “The Pre-Release/Post-Release Process for Federal Inmates," “Medical Issues for Federal Inmates,” and “The Administrative Remedy Process for Federal Inmates,” thereby establishing himself as one of this industry’s foremost authorities in BOP procedural and administrative matters as well. In addition to his recent legal reference manuals and other professional publications, Mr. Tamez recently authored the critically acclaimed “The BOP’s Failure to Properly Implement the 2nd Chance Act of 2007” as well as the educational website www.FederalPrisonCampTour.com.

Education/Credentials
Mr. Tamez holds a Bachelor's of Arts Degree and has done graduate work at George Washington University in Washington, D.C. Mr. Tamez is a graduate of the Northern Virginia Criminal Justice Academy and both the Basic & Advanced Special Agent courses in Quantico Virginia.

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