Justia Legal Services & Lawyers Directory

Questions Answered by Diane C. Bass - Justia Legal Answers

• 25 March 2011Q: What if there was a syringe full of blood and they wouldnt test the dna
  A: This is a vague question. However, you do have a right to have all evidence DNA tested. If the prosecution refueses to conduct the testing, your lawyer can have it done. The prosecution should make it avaialable to your lawyer for testing.
• 25 March 2011Q: How can I check my boyfriend case status?
  A: Depending upon which county in which the case is filed, you may be able to check the status of a case online.
• 25 March 2011Q: Does a warrantless search of a person's house violate the 4th amendment when the person was lawfully arrested with a war
  A: A search warrant and an arrest warrant are two completely different things. Unless there was an exception to the search warrant requirement such as consent to search, items in plain view or exigent circumstances a search warrant is required. If you believe that your 4th amendment rights have been violated you need an experienced criminal defense attorney to review your case and file the appropriate motion to supress any evidence found during that search.
• 25 March 2011Q: If I'm out on bail for second degree burglary can I be remanded in court on at my plea hearing.?
  A: It is possible to be remanded into custody after a change of plea. However, an experienced criminal defense attorney can often successfully argue that you should remain out of custody so that you can turn yourself in to serve your sentence, assuming you have a sentence to serve.
• 25 March 2011Q: Even though I plead the 5th in a criminal matter, can my prior testimony in a civil matter be used against me?
  A: The answer to this question depends on a couple of issues. If you incrminated yourself in the civil case on issues that are relevant to the current case, those statements can be used against you as admissions. Furthermore, your former testimony in the civil matter could potentially be used as former inconsistent statements depending upon the judge. An experienced criminal defense attorney will be able to make the necessary objections to keep these statements out.
• 25 March 2011Q: Could a passenger of a vehical be responsible for whats in it.
  A: Absolutely. It depends upon where the item or items were found. If they are in the trunk and the passenger had no access to the trunk then it is likely that the passenger will not be charged. However, if the item or items are under the passenger seat or next to the center console or even in the center console or glove box, it is possible for the passenger to be charged. If you are a passenger who has been charged for something that was found in a vehicle you should contact a criminal defense attorney to discuss your possible defenses.
• 25 March 2011Q: If i see a fight involving a gang member and I'm told to testify, do I have to? I'm worried about my safety.
  A: If you are served with subpoena to testify at at trial or other proceeding this is a court order. If you fail to obey the order you will be held in comtempt and could go to jail. However, if you are simply being asked by law enforcement to testify, you can explain your concerns and there is a good possibilty that they will not force you to testify. Often times, esepcially in federal cases, the agents can offer you protection. I would suggest that you talk to the prosecutors and make sure they understand your situation. Most of the time they will understand.
• 25 March 2011Q: Female inmate's medication conditions being ignored by women's prison staff.Also being denied library access after gett
  A: The answer to this question depends upon where the inmate is housed. Generally inmates can submit what they call snivel sheets to the guards when they need medical attention. If the inmate has submitted snivels which have been ignored the inmate should have their lawyer ask the court to issue an order.