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Criminal Law/Questions
| Subject | Date Asked | Expert |
| search warrents | 12/31/2006 | Edward Martinovich, Esq. |
| Q: What do law enforcement officers have to have to get a search warrent in the state of california. ... A: Shawna: No, they must demontstrate to a judge that they have probable cause to believe certain ... | ||
| Co-Signed Car Purchase | 12/30/2006 | Edward Martinovich, Esq. |
| Q: I am 67 yrs old almost 3 years ago I co-signed on a car loan for my daughter. We are now estranged ... A: Mary: Well, this is why people need to be extremely careful about co-signing on a loan; children or ... | ||
| search warrents | 12/28/2006 | Jack Toomey |
| Q: ------------------------------------------- The text above is a follow-up to ...IT was a girl ... A: Marcia, This whole thing might be entirely clear to you but when you keep saying "they" I have ... | ||
| please help me | 12/28/2006 | Jack Toomey |
| Q: I hope I'm not asking something that is wrong or you don't know that you can answer but I just have ... A: Nichole, Your question invloves civil law meaning that if there has been any violation of the ... | ||
| Petty Theft | 12/28/2006 | Robert Paisola |
| Q: My friend was recently apprehended upon the attempt of theft at a Macy's and was bailed out for 1100 ... A: Ok, here is the deal. I am not an attorney, and this should not be considered legal advice. So, ... | ||
| Petty Theft | 12/28/2006 | Edward Martinovich, Esq. |
| Q: My friend was recently apprehended upon the attempt of theft at a Macy's and was bailed out for 1100 ... A: Khoi: I don't know about the $11,000 figure. California does have something similar to the ACD ... | ||
| Sentenced | 12/27/2006 | Robert Paisola |
| Q: Today my fiancee' was sentenced to 1 year in the Arizona DOC. He has two class felony charges the ... A: OK, The court ordered 365 days. He has served 136 days. That means that he has 229 official days ... | ||
| probationers rights | 12/27/2006 | Robert Paisola |
| Q: Are there are any written rights that protect probationers from Probation Officers? Are there ... A: Mr. Jennings, Thank you for taking the time to write to me about your request for information on ... | ||
| Law enforcement | 12/27/2006 | Jack Toomey |
| Q: I am graduating in May 2007 with a bachelors degree in Business administration. In August I plan to ... A: First of all I can't recommend what masters degree you should get for liability reasons and because ... | ||
| Violation of Probation Question | 12/27/2006 | Edward Martinovich, Esq. |
| Q: I have a friend that is on probation for Poss of Cocaine and Marijuana. He gets tested every week to ... A: Wendy: Based on his dirty test, the judge can hold that he violated the terms of his probation, and ... | ||
| Warrants | 12/26/2006 | Edward Martinovich, Esq. |
| Q: I have 2 misdameanors(one for public intox and disordly conduct and one for knocking over xmas ... A: I doubt that Ohio would pay to have you extradited from FL, being that you have very minor charges. ... | ||
| Not read my rights | 12/23/2006 | Jack Toomey |
| Q: He searched the car and said who is going to take care of the possession charge who is going to take ... A: A police officer has no obligation or reason to read "rights" to someone if the crime happens in ... | ||
| I think it would be fraud | 12/23/2006 | Jack Toomey |
| Q: I'm not sure of what subject this would fall under. I am on worker comp due to a shoulder injury. ... A: If you were receiving workers compensation payments that means you received some sort of award ... | ||
| warrant | 12/23/2006 | Robert Paisola |
| Q: is there a statue of limitation for a warrant for the violation of probation in a criminal case in ... A: Jona, I need more details on your issue. Please elaborate on the charges and whats is going on. ... | ||
| vehicle search | 12/22/2006 | Edward Martinovich, Esq. |
| Q: A police officer stoped my son on a 2 lane road at 10:30 pm in the rain with fog and asked him why ... A: Gary: Its what i've been preaching for years. The citizens of this country have been somehow ... | ||
| Speaking to Judge | 12/20/2006 | Edward Martinovich, Esq. |
| Q: Is there anywhere I can get information on what to say when I speak on behalf of a defendant? My ... A: Katy: I'm sorry to tell you this, but I really don't believe that defendant's friends/family make ... | ||
| 22 Year old son probation violation | 12/19/2006 | Edward Martinovich, Esq. |
| Q: Mr. Martinovich, My son was charged with federal wire fraud on 304. He was spamming from the house ... A: Robin: Well, i dont think you can get your son out early without the help of an attorney. The only ... | ||
| Stealing | 12/14/2006 | Jack Toomey |
| Q: the ski lodge apparently thought that the person was with us. We have a tab at the lodge and, this ... A: You didn't answer my questions about whether you called this incident to the attention of the ... | ||
| Stealing | 12/14/2006 | Jack Toomey |
| Q: I was recently at a skilodge with a friend in Tahoe and, after a day of skiing we had found that ... A: How did they manage to order the meal? By using your friends credit card? Did you call it to ... | ||
| Mortgage Fraud | 12/14/2006 | Edward Martinovich, Esq. |
| Q: About 6 years ago me and my fiance ended our common law marriage. However I left we only the clothes ... A: DAx: If you have evidence that your signature was forged, you can file a criminal complaint with the ... | ||
| Waiting Extradition | 12/13/2006 | Jack Toomey |
| Q: Currently this person is being held in a NJ Jail for a warrant that he has in South Carolina. What ... A: Agnes, There is no "normal waiting period". Much of it is determined by availablity of ... | ||
| please help me. | 12/9/2006 | Edward Martinovich, Esq. |
| Q: My name is deShalla, in Sept 2002, i had a boy friend who took a belt and soak it in a bowl of water ... A: Deshalla: Unfortunately, there is very little i can do for you over the internet...You need to hire ... | ||
| Probation violation | 12/9/2006 | Robert Paisola |
| Q: My name is deShalla, in Sept 2002, i had a boy friend who took a belt and soak it in a bowl of water ... A: First of all, I want to thank you for taking the time and trusting me to assist you in this very ... | ||
| my ex husband | 12/8/2006 | Robert Paisola |
| Q: the district attorney dismissed these charges this is something i was just informed the reason being ... A: Beth, I am speechless. Contact every Television Station and Newspaper in your State. If you want to ... | ||
| dui | 12/8/2006 | Jack Toomey |
| Q: My husband was arrested and charged with a dui. We think it should be a drunk in public or public ... A: If the officer is prepared to testify that he can prove that your husband was driving the car there ... | ||
| my ex husband | 12/4/2006 | Robert Paisola |
| Q: 6, 1994 for abusing his son. the charges are cruelty to juveniles and second degree battery which ... A: I need to start by telling you that I AM NOT ABLE TO GIVE YOU SPECIFIC LEGAL ADVICE. So, lets work ... | ||
| Slap Tagging | 12/3/2006 | Edward Martinovich, Esq. |
| Q: what exactly is the legal standing on the street art known as "Slap Tagging" in New York City? to ... A: Andre: I know what slap tagging is man, i'm from NYC. I've reprinted NY Penal Code sections dealing ... | ||
| telephone harassment and domestic violence- ON a Police Officer! | 12/2/2006 | Robert Paisola |
| Q: Iam a 25 year old officer in NYC. I have filed numerous complaints against an ex-boyfriend for ... A: In your letter you say that you are an OFFICER. Does that mean that you are a police officer? If ... | ||
| Trial or no trial | 12/1/2006 | Robert Paisola |
| Q: My Name is Ryan Bannon, I am a 20 year old college student who lives in Santa Barbara, CA. I'm very ... A: Ryan, First of all, thank you for taking the time to write AND TRUST ME about your issue. Because ... | ||
| question about criminal mischief charge | 12/1/2006 | Edward Martinovich, Esq. |
| Q: About a year ago I was charged with criminal mischief. The reason why was because I had a heated ... A: ALice: Simply because you suffered an injury as a result of your actions does not act as a defense ... | ||
| out of state fugitive warrant | 11/30/2006 | Edward Martinovich, Esq. |
| Q: if someone has a fugitive warrant in new york and they are in jail in florida what are the chances ... A: If someone is being detained in FLA on a fugitive warrant from another state like NY, then FLA will ... | ||
| probation question | 11/30/2006 | Robert Paisola |
| Q: This concerns my son. He was on probation 9 years ago at 19 for a crime committed at 18 while in ... A: Good Evening Leigh Ann, This is a very complex issue. I am writing you from Utah tonight. We have ... | ||
| criminal domestic violence | 11/29/2006 | Jack Toomey |
| Q: will his rights be violated by saying having the right to defend him self bearing arms that is what ... A: I am still confused. Who was bearing arms? "Bearing arms" is a phrase in the second amendment ... | ||
| Statute of limitations in Florida | 11/29/2006 | Robert Paisola |
| Q: Paisola. my name is Boris Greysman, i'm from Hilliard Oh. I guess you are answer to me about the ... A: Here is the problem that I see with your situation, there is not a Statute of Limitations in place ... | ||
| Warrent | 11/28/2006 | Jack Toomey |
| Q: Ok. If the marshals came 2 your door, and you let them in, and they say that they have a warrant for ... A: The courts have held time after time that if the police hold a warrant for someones arrest and ... | ||
| Bad Checks -- Statute of Limitations | 11/27/2006 | Robert Paisola |
| Q: My daughter-in-law wrote us two checks a couple of years ago, totaling almost $10,000 for the two. ... A: I have dealt with issues just like these in the past and the real issue here is that she issued ... | ||
| rights | 11/27/2006 | Edward Martinovich, Esq. |
| Q: The car is legal in every way. Did she have the right the seperate PLATES FROM CArI was stopped by ... A: I'm sure the car was legal, but what was the warrant for? If the warrant was connected to the ... | ||
| criminal domestic violence | 11/27/2006 | Jack Toomey |
| Q: if a female and a male has a big disagreement and he walks away and she runs behind him and starts ... A: Without knowing anything else about this supposed incident I can say, with some degree of ... | ||
| probation violation | 11/27/2006 | Robert Paisola |
| Q: i got a charge from a park ranger for climbing on rocks and i am on probation and i want to know if ... A: First of all, I want to thank you for taking the time to write to me about your problem. Next, I ... | ||
| lying to a police officer | 11/25/2006 | Edward Martinovich, Esq. |
| Q: My nineteen year old son was at a loud private party and the police came. The police officer asked ... A: well it will probably be a charge under penal code section 195, obstructing an officer or something ... | ||
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Criminal Law
Answers by Expert:
Jack Toomey
Top Expert on this page
Expertise
Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.
Experience
I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".
Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.
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