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30

The victim of domestic violence is referred to as the complaining witness. Domestic violence arrests will result in a criminal investigation. It is not up to the complaining witness to determine if charges are brought against the one who was arrested - this is up to the prosecutor. Here is a good article at Findlaw that discusses the process. If the ...


20

Yes he can still have a record if he is convicted and yes, they can still go forward if the victim asks to withdraw the complaint. The victim to a crime (any crime, DV especially) can be subpoenaed to testify even if they don't want to. And you're under oath in the event of a trial, subject to the penalties of perjury. You also cannot mislead the police or ...


16

Technically, yes: Whoever willfully or maliciously injures, tears down or destroys any letter box or other receptacle intended or used for the receipt or delivery of mail on any mail route, or breaks open the same or willfully or maliciously injures, defaces or destroys any mail deposited therein, shall be fined under this title or imprisoned not more ...


11

First, I need to correct a misconception you seem to have. The length of time you spend in jail does not normally determine if something is a felony or a misdemeanor. Whether something is a felony or a misdemeanor is based on how you're charged. And it's not like you happen to be charged with something with a maximum sentence of 365 or 366 days; if you are ...


9

There are two sides to this question. First, there is the International Covenant on Civil and Political Rights, which states: Article 15 1 . No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. Nor ...


6

Your question (when read with your follow-up comments) is somewhat complex, so I am going to make a few assumptions and break it down into several sub parts. Assumptions The conviction occurred in a state where the expungement statute allows you to tell employers that you were never arrested and convicted. When you say “public records websites” you’re ...


6

The United States does not guarantee retroactive ameliorative relief - there is no automatic process for freeing those sentenced under an abolished or amended law¹. The Supreme Court of California found in People v Harmon 54 Cal. 2d 9 (1960) that even a defendant undergoing trial for assault was not entitled to the benefit of an amendment of the mandatory ...


4

A crime is a crime if it was unlawful at the time. A law is not retroactively applied or repealed unless that is explicit in the law that creates or repeals it. For very good reasons most governments are very careful about retrospective legislation. A criminal record will include all crimes of which you were convicted unless there is a law saying otherwise (...


4

If the offence was minor than it may be considered 'spent' under the Rehabilitation of Offenders Act 1974. A conviction resulting only in a fine is usually spent after five years. Spent convictions do not normally need to be disclosed, but you should check this with whoever is asking for the information. Your mother can apply for a copy of her own criminal ...


4

No, expungement does not give you rights to have the internet purged of your conviction. Public records sites might be interested in updating their records to reflect the expungement, but any media that reported on the incident will probably decline to remove or modify their records. Internet caches will continue to show whatever was available online in ...


4

As explained in the comments, a sentence is more than one year is the operational definition of a felony in many context concerning the collateral consequences of a sentence. For example, a sentence of more than one year causes a person to be deportable, while one of less than one year generally does not. Another consequence is that the offense will count ...


3

There are cases out there like Unnamed Petitioners v. Connors, State v. Unnamed Defendant, Williams v. Unnamed Defendant; there have been indictments of John Doe who was only identified via a DNA profile. Not knowing the actual name of a person wouldn't pose a problem per se, and it seems that when the name is not known, John or Jane Doe is generally filled ...


3

Is it possible to become a lawyer if you have a record? Yes. But, it is also possible to refuse to admit someone to the practice of law based upon a criminal record. The decision is made by a "character and fitness" committee of a state's bar admission system after someone has finished law school and passed the academic part of the bar exam. If one state ...


3

If a case is dismissed, then it means the charge was thrown out of court. They were not even tried, much less convicted.


3

YES! Everything against you an be dug up nowadays no matter how long ago and even if charges were dismissed. I was falsely accused of DV by a former live-in girlfriend, the charges were dropped in a hearing, but a dozen years later a detective investigating me after defamation by an ex-step-daughter brought it up as a factor in perceptions of me.


2

While the decision ultimately comes down to the licensing officials of a state regulatory board, it would be very unusual for a state regulatory board to prevent you from obtaining a license based upon arrests that did not result in a conviction. It might even be unconstitutional for them to do so, because it would effectively be a governmental punishment ...


2

If your case was nullified, that means you went to court, and the court decided to act as if your case never happened. It just hasn't happened. If your case was dismissed, that means the court said there was no reasonable evidence to prosecute you. That's one better than "not guilty". The judge said he doesn't even see a need to check whether you are ...


2

Expunction may be possible for instance if you are acquitted, later proven innocent, pardoned, and various other things that fall short of being convicted and doing the time. The entire law is here (Texas code of criminal procedure 55.01). There is also the option of an order of non-disclosure, overviewed here. A requirement for such an order is that you ...


2

In order to become a lawyer, one must 1) graduate from a law school, and 2) pass the state bar exam. But any prospective lawyer must also pass some form of a character and fitness requirement, either before or during law school, the bar exam, or admittance to the bar, depending on state jurisdiction. This article from The American Bar Association is a good ...


2

Is there a way for a non-US resident to find out if there are outstanding warrants against him, before he enters the USA? Not really. The United States does not have a unified court system and as a result does not have a unified court records system. One would have to independently search the court records in every U.S. county (about 3,000) and every U....


1

For purposes of determining auto insurance rates, your driving record excludes any accident or offense older than a certain number of years (the number depends on the state, and possibly on the kind of offense or incident). This is not the same as your criminal record. Convictions are only removed from your criminal record by court order, which is somewhat ...


1

Did some research on my question! The most recent Link to what defines Moral Turpitude is here: https://fam.state.gov/fam/09FAM/09FAM030203.html#M302_3_2_B_6 That is the official information on what defines moral turpitude. Likely the old website links are outdated orphaned links For Assault causing bodily harm and a house arrest sentence the issue is ...


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