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Criminal Law/Questions
| Subject | Date Asked | Expert |
| criminal or civil matter? | 5/2/2007 | Jack Toomey |
| Q: I have a question regarding a situation my sister is in in Mississippi. She lived with her ... A: Janine, The answer would depend on the law in the state of Mississippi. It could be that your ... | ||
| Trespassing | 5/2/2007 | Edward Martinovich, Esq. |
| Q: If I posted my property with NO TRESPASSING signs as prescribed by law, do the police need a warrant ... A: No, police are not bound by no trespassing signs and trespassing laws when they are in the official ... | ||
| Issuance of a Subpoena | 5/1/2007 | Jack Toomey |
| Q: Sir, This is a real life situation that just happened. My daughter is a college student and her ... A: I don't know the law in every state but I do know that in some states a police officer has ... | ||
| numeber name | 5/1/2007 | Jack Toomey |
| Q: when using the numerical shorthand reference for type of case what would you call an armed robbery, ... A: Jess, Every police department in the nation has their own termonolgy when it comes to ... | ||
| lude act | 4/28/2007 | Jack Toomey |
| Q: Jack, I need to know some answers for my sister in law. Recently in Florida, her boyfriend went for ... A: Melody, There is no requirement for the police to "read rights' at the time of arrest. You ... | ||
| unlawful search???? | 4/28/2007 | Jack Toomey |
| Q: ok heres the scenario...i got pulled over today because i wasnt wearing my seatbelt. i had an ... A: You could try to get the drug charge dropped but you don't have the legal skill to do that. Only ... | ||
| theft by deception | 4/27/2007 | Jack Toomey |
| Q: I work in a restaurant. The other evening, I had a "dine and dash" episode- a customer ate, drank ... A: He "made you pay the check"? Did he forcibly take the money from you? If not this is clearly a ... | ||
| search and seizure | 4/26/2007 | Jack Toomey |
| Q: I was awaken to answer the door. The police had my 19 year old son in custody. They informed me ... A: I would say that they had more than enough probable cause to believe that there were drugs in the ... | ||
| extradition | 4/25/2007 | Jack Toomey |
| Q: In Feb. 1998 I was convicted in Pennsylvania. I'm not even sure what the charges were but I think it ... A: Eve, I'm sorry that you had to type all of that but there is no way that I can figure out what ... | ||
| paraphernalia charge | 4/25/2007 | Jack Toomey |
| Q: I attend a public high school, and last week my friend had a meeting with the vice principal ... A: Jamie, There are several court decisions which support the right of school officials to conduct ... | ||
| criminal justice | 4/25/2007 | Edward Martinovich, Esq. |
| Q: what is the age limit on sex?? or if thats not clear at what age can u have sex and it will not be a ... A: Melissa: People can be minors for many different things. You can be considered an adult for voting, ... | ||
| Statute Of Limitations | 4/24/2007 | Jack Toomey |
| Q: Jack, I was arrested twice in Atlanta, Georgia for driving on a suspended license and possession of ... A: Steve, I think that you must have the term "statute of limitations" confused with some other ... | ||
| Illegal searches and not being given a copy of your search warrant.- Robert Paisola Responds | 4/21/2007 | Robert Paisola |
| Q: Can the Upper Darby Anti-Crime Unit in PA enter your home without a search warrant? June 9, 2006, ... A: First of all, I want to thank you for taking the time to write to me. I have been doing seminars, ... | ||
| right to privacy? | 4/19/2007 | Robert Paisola |
| Q: My boyfriend and I have lived together for 11 months now. His wife ,they are separated, moved out a ... A: I had to read your question a couple of times, because I was not clear on the issue of if he is ... | ||
| NO ANGEL | 4/18/2007 | Robert Paisola |
| Q: BUT ONE DAY HE SLEPT IN HIS GIRLFRIENDS HOUSE AND THE POLICE RAIDED HIS FLAT ON DOING SO THE DOOR ... A: I have been doing a seminar, and I hope that you will forgive the delay in getting back to you. I ... | ||
| My History, What I should do next | 4/16/2007 | Jack Toomey |
| Q: my name is Sam, and I currently am a college student in the state of mississippi. I hope you don't ... A: Sam, About three quarters of my questions should be directed to attorneys since they involve ... | ||
| Rights on extradition- Robert Paisola Responds | 4/16/2007 | Robert Paisola |
| Q: My girlfriend is being released from prison (Illinois) on 4/20. However she has a warrant in ... A: Let me begin by reaffirming that I am not an attorney, but I CAN tell you that If she is being ... | ||
| Search and seizure | 4/15/2007 | Jack Toomey |
| Q: I was pulled over in Pinole, ca because the police said there was a report of my or my passenger ... A: Jamie, Every day I get a question where someone asks a question about something that the ... | ||
| search warrent | 4/14/2007 | Jack Toomey |
| Q: my brother-in-law was arrested last month on drug charges and my motorcycle was at his house can ... A: Carl, You have asked twice "can they". Obviously they can do those things if they did it. If ... | ||
| criminal mischief | 4/13/2007 | Jack Toomey |
| Q: Is a criminal mischief charge a felony charge? I have a minor who threw a car replacement light bulb ... A: Katerin, There is no such law as "criminal mischief" in my state. What the majority of people ... | ||
| what section of the penal code? | 4/12/2007 | Jack Toomey |
| Q: Is it a criminal offense to give a police officer false information? This does not refer to giving ... A: Kathryn, Are you aware that there are fifty states and each have a completly different set of ... | ||
| HELP PLEASE | 4/10/2007 | Edward Martinovich, Esq. |
| Q: can a police offecer give you an citation for a .02% alchole contant even if you werent drinking or ... A: A police officer can give you a citation for anything. what happens in court is another matter. ... | ||
| Apartment Situation | 4/9/2007 | Edward Martinovich, Esq. |
| Q: i have a situation regarding a roommate i live with my girlfriend and she has a roommate well the ... A: Well you have a couple of options. You can go to court and ask the judge to issue an injunction to ... | ||
| Stolen Check | 4/8/2007 | Jack Toomey |
| Q: I live with my girlfriend and her roommate. MY girlfriend has all the bills in her name. Here is the ... A: Why don't you simply ask the roomate for another check? You probably don't have any proof that ... | ||
| probation "no contact" | 4/8/2007 | Edward Martinovich, Esq. |
| Q: Michigan - My 20 yr old daughter is on probation from domestic violence involving a former ... A: That issue is up in the air jim, but it does not sound like something your daughter should risk. ... | ||
| questioning suspect out of state | 4/8/2007 | Jack Toomey |
| Q: what is the correct procedure for an outside agency(city police) to question a suspect who's charge ... A: Any police officer can question a suspect or a defendant who is in another state at the request of ... | ||
| statue of limitations/seizure of residential property(ie:home) | 4/7/2007 | Jack Toomey |
| Q: Good Morning, I appreciate you taking the time to answer my question. In the state of Ca. ... A: I can't possibly know the laws in every state in the country so I am going to tell you what the law ... | ||
| marijuana citation | 4/7/2007 | Edward Martinovich, Esq. |
| Q: I live in Maryland, and my boyfriend who turned 18 yesterday got charged with marijuana possession. ... A: Anon: Miranda warnings are irrelevant unless a person was interrogated. Cops are definitely allowed ... | ||
| Neighbor Harrassment | 4/7/2007 | Jack Toomey |
| Q: My neighbor calls the police on me because I open my kitchen cabinets at night. She has been leaving ... A: Have you tried calling the police in your juristiction to see if the actions of your neighbor are ... | ||
| Theft | 4/6/2007 | Jack Toomey |
| Q: My son was caught stealing two items with the value of $100 at an electronics store. I was informed ... A: Miriam, I am in a tough situation here. If I tell you to hire an attorney and he charges you a ... | ||
| could rape allegation come back to haunt | 4/5/2007 | Edward Martinovich, Esq. |
| Q: My husband had an affair with a "lesbian" friend of his. He is studying medicine and she goes to ... A: He should absolutely get a lawyer immediately. Those are very serious allegations, and are ... | ||
| Rights when served with a search warrant | 4/5/2007 | Jack Toomey |
| Q: Mr Toomey, I was wondering about the rights of a citizen under American law when served with a ... A: There is no requirement that someone be present when a search warrant is served. Police ... | ||
| drug paraphernalia and posession of marijuana | 4/4/2007 | Jack Toomey |
| Q: I was stopped and arrested for grass posession. When i got to the jailhouse I realized the trooper ... A: You are asking me for legal advice which I am not permitted to give since I am not an attorney. You ... | ||
| seeking employment while on probation | 4/4/2007 | Edward Martinovich, Esq. |
| Q: my friend is on probation, will it affect his chances of getting employed because of this? if an ... A: Well, thats impossible for me to say, as I cannot gauge what employers will think about him. I can ... | ||
| unlawful search?? | 4/4/2007 | Jack Toomey |
| Q: Alright here is my problem and situation; I was outside a friends house on private property hooking ... A: I've tried to explain three times that I cannot defend you. I am not an attorney. I've told you ... | ||
| 12.44 B reduction | 4/3/2007 | Edward Martinovich, Esq. |
| Q: September 17,2005 my husband was on his way to get insurance for our car, he got pulled over in ... A: PS: I'm afraid i do not know what a 12.44 b is... I'm sorry, but your questions, i cannot answer as ... | ||
| unlawful search?? | 4/3/2007 | Jack Toomey |
| Q: Alright here is my problem and situation; I was outside a friends house on private property hooking ... A: Ok it doesn't matter what was searched and you asking multiple times for your attorney. What ... | ||
| unlawful search?? | 4/2/2007 | Jack Toomey |
| Q: Alright here is my problem and situation; I was outside a friends house on private property hooking ... A: Bob, You are charged with a criminal offense so there will be a trial. Your attorney has the ... | ||
| Battery | 4/2/2007 | Edward Martinovich, Esq. |
| Q: recently I was involved in an altercation with my cousin. He was telling false stories about me ... A: Drew: first off, this is certainly not going to be a felony, and you are certainly not going to ... | ||
| researching old records | 4/1/2007 | Jack Toomey |
| Q: An uncle,Curtis Shedd of Walhalla,S.C. was executed in N.C. in 1951 for the murders of two children ... A: Jean, If the trial transcript even exists it would be very expensive to get it. In those days ... | ||
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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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