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1. Blackmail/rape?
  
  In Wyoming? Or your state? It is not so uncommon in mine.
  CdwJava
  
  Post #10
  
  May 17, 2018
  
  Forum: Other Crimes – Federal and State
2. Blackmail/rape?
  
  It could be that PEACEFUL contact is permitted. In many states it is common that the defendant will be permitted to have contact with the victim if they are married or have a child in common so long as it is peaceful. Whether that is the case here, we do not know.
  CdwJava
  
  Post #8
  
  May 17, 2018
  
  Forum: Other Crimes – Federal and State
3. Statue of limitations for DV
  
  It means that the SoL is on hold ... the clock is not ticking.
  CdwJava
  
  Post #5
  
  May 17, 2018
  
  Forum: Other Crimes – Federal and State
4. Statue of limitations for DV
  
  Once you left the state's jurisdiction, the SoL tolled. You can still be prosecuted when you return even IF charges had not yet been filed. As these are likely misdemeanor offenses, the SoL is one year. But, since you left, they are left in limbo. However, if you were on parole or felony...
  CdwJava
  
  Post #4
  
  May 17, 2018
  
  Forum: Other Crimes – Federal and State
5. Blackmail/rape?
  
  She can speak to someone at the law enforcement agency or agencies where the acts occurred and report them. The agency of jurisdiction can then investigate and determine if they can forward any criminal charges to the local prosecutor. What she told you, and what she might tell the police...
  CdwJava
  
  Post #4
  
  May 16, 2018
  
  Forum: Other Crimes – Federal and State
6. Maryland State Police interrogation in my home
  
  If ti is closed, it is unlikely to be re-opened absent some new evidence that might compel someone to re-open it. If you are asking if the case is over, done, and tossed into a scrap heap never to be seen again, the answer is, "Not necessarily." Maybe. There are no cookie-cutter background...
  CdwJava
  
  Post #27
  
  May 16, 2018
  
  Forum: Arrests, Searches, Warrants & Procedure
7. EX WIFE WONT VACATE MARITAL HOME
  
  If the home was awarded to the OP, and the spouse is no longer an owner, why not? If the OP were the sole legal owner, then the spouse would be there unlawfully. The OP could then treat the ex as a tenant, or, have her removed using whatever process state law might permit. It seems unlikely...
  CdwJava
  
  Post #15
  
  May 15, 2018
  
  Forum: Divorce, Separation & Annulment
8. Charged with 2nd degree threat to do bodily harm.
  
  You do not have to be doing anything to get evicted. Unless you have a lease agreement with dad, there is a procedure he can use to evict you from his home. I'm not going to bother looking up the process, but don't think that you can stay in dad's home if he doesn't want you there and has the...
  CdwJava
  
  Post #15
  
  May 15, 2018
  
  Forum: Other Crimes – Federal and State
9. Charged with 2nd degree threat to do bodily harm.
  
  Why do you believe he has no other way to get you out of the house? He may be trying to do it the cheap and easy way, but, he can still evict you. And, if you are not getting along, the likelihood of future incidents occurring only increases as you remain.
  CdwJava
  
  Post #11
  
  May 15, 2018
  
  Forum: Other Crimes – Federal and State
10. Charged with 2nd degree threat to do bodily harm.
  
  If you were a juvenile, that would change the dynamic of the proceedings. If the attorney told you that you could get 30 days in jail, then it is very likely that he is right. He would know more about the situation than we would so he should have a much better feel for what could realistically...
  CdwJava
  
  Post #7
  
  May 15, 2018
  
  Forum: Other Crimes – Federal and State
11. Charged with 2nd degree threat to do bodily harm.
  
  Without knowing the evidence against you, no one can say. What you need to do is engage an attorney first thing in the morning. An attorney can obtain a copy of any police reports and seek evidence through discovery. From there, your attorney can come up with a defense strategy.
  CdwJava
  
  Post #3
  
  May 15, 2018
  
  Forum: Other Crimes – Federal and State
12. EX WIFE WONT VACATE MARITAL HOME
  
  But, if the house was awarded to the OP, then that can make the spouse a tenant, for all intents and purposes. In my experience, the party with primary custody tends to get the house ... though the other party might still have to help pay for it. It seems particularly odd that such an...
  CdwJava
  
  Post #12
  
  May 14, 2018
  
  Forum: Divorce, Separation & Annulment
13. EX WIFE WONT VACATE MARITAL HOME
  
  If the move out was not addressed in the divorce decree, there would be no contempt. The wording of Menfla's post leaves room for interpretation on that count. It might depend on how any joint assets were assigned, or who got custody of the residence. If Menfla has sole custody of the...
  CdwJava
  
  Post #3
  
  May 14, 2018
  
  Forum: Divorce, Separation & Annulment
14. Overdose death in county jail
  
  Incidents like these are precisely why jails fight laws that restrict these searches for inmates being housed into the facility. Unfortunately, it takes an incident like this that results in both death and liability to roll back such restrictions.
  CdwJava
  
  Post #6
  
  May 13, 2018
  
  Forum: Other Personal Injury and Wrongful Death
15. Overdose death in county jail
  
  I am so sorry to hear of the loss of your son. It's tragic to lose a child under any circumstance. Depending upon the state your son was in, the law may prohibit strip searches of incoming bookings absent specific, articulable cause or a court order. This is the case in my state as of some...
  CdwJava
  
  Post #4
  
  May 13, 2018
  
  Forum: Other Personal Injury and Wrongful Death
16. False accusations of Domestic Violence is turning my life upside down...please help!
  
  She does not have a right to conceal the child from you, but withholding visitation is another matter. This is why you need to seek the advice of a Family Law attorney. Even if you are not yet divorced, there is a process for legal separation that can involve custody and visitation. I am not...
  CdwJava
  
  Post #12
  
  May 12, 2018
  
  Forum: Domestic Violence & Abuse
17. False accusations of Domestic Violence is turning my life upside down...please help!
  
  A Criminal Protective Order is common in DV cases, so be prepared for that if the DA or the court pursues that. It could also be that your ex will also seek a DV TRO as well, so you may have two dueling orders in place at some point. If you are truly concerned for the welfare of your child...
  CdwJava
  
  Post #9
  
  May 12, 2018
  
  Forum: Domestic Violence & Abuse
18. Denying visitations
  
  What state are you in?
  CdwJava
  
  Post #2
  
  May 12, 2018
  
  Forum: Child Custody & Visitation
19. Unwanted Visitors
  
  While a felony, they still need proof. If you want to go on record with what you saw, that may be sufficient ... provided you are credible as a witness, and/or your observations can be corroborated in some way.
  CdwJava
  
  Post #17
  
  May 12, 2018
  
  Forum: Legal Ethics & Lawyer Malpractice
20. I CHASED AFTER A HIT AND RUN BY THE VICTIM BUT NEVER MENTION IN POLICE REPORT
  
  None of the offenses listed have anything at all to do with speed. PC 459.5, VC 20002 and VC 20001 are not at all speed related. So, your focus on the speed issue is entirely moot. Hire that criminal defense attorney ASAP because VC 20001 can be charged as a felony ... you are darn lucky you...
  CdwJava
  
  Post #14
  
  May 12, 2018
  
  Forum: Auto Accidents and Vehicle Claims

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