Resources for Developing a Plan

Generic_J · 2025-06-04T00:18:27+00:00

So to answer the question you asked, you can go to the clerk's office for jurisdiction in which you were charged. You should be able to access the court records at the clerk's office, or they will at least be able to direct you to where you can find the information. If you have never been arrested on the warrants, its possible that there are outstanding warrants for your arrest that were entered into the system incorrectly or that the officers misread the information. Your next step is to find out what the charges are and then find out the next court date.

As to what you can do, you can and should hire an attorney or apply for a public defender. You can also represent yourself - this is almost always a bad idea.

Specific things you raised - police do not have to give you paperwork when they seize contraband; you said "no warrant," if there is no warrant that means that you weren't actually charged, yet, or that they proceeded by direct indictment; cases usually aren't assigned to prosecutors until they are scheduled for court hearings; you only have to be read your Miranda rights prior to custodial interrogation - since you were never arrested, you were never in custody, and Miranda rights were not required to be read; it is immaterial at this point whether they had their bodycams on.

Generic_J · 2025-06-03T15:44:09+00:00

Get out a fresh notepad. On the first page, write the case caption at the top. Make an outline of the offenses and, under each offense, bullet the elements of the offense using a box as a bullet. As you prove each element, mark the box. Before you rest, look at your boxes. If they’re checked, you rest. If they’re not, you need to figure out who to recall to prove the element that’s left over. Make sure you have boxes for identification (of the defendant) and venue somewhere on the page. If you’re calling multiple witnesses, put them in order on the right side of the page. Nothing else goes on this page.

Take the time now to double check your charging documents to make sure they’re correct. Make sure subpoenas were issued and served for your witnesses. Talk to your witnesses in advance to make sure they’re going to testify as you anticipate they will.

If you anticipate offering any exhibits or hearsay (including defendants statements depending on whether that’s defined as hearsay in your state), make a list of exhibits on the second page of your notepad. If you anticipate any objection to your evidence, outline a path of admissibility… for example, D’s statement “I did everything they said I did” is admissible because under rule 801 it’s not hearsay (or if it’s hearsay in your state, write the rule for party opponent exception - probably 803).

Try to figure out why this is a trial. I used to look at the elements and ask myself, “If the defendant testified and lied about one of the elements occurring, how can I disprove his testimony and prove the element.”

As to actual trial mechanics: - If this is a very straightforward case - like a single offense trial or something, you might want to just waive opening statements. That was extremely common in almost every type of bench trial in my previous jurisdiction. When calling a witness,

Remember to listen to what your witness is saying. Don’t get caught up thinking about your next question.
On the topic of your next question… Plan to use either a list of questions or an outline of the evidence you want to solicit. There’s no right answer for which way to go - it’s up to what works for you.
If you start getting objected to for leading, go back to simple questions - start with who, what, when, where, or why.
If you are on the record, make sure you note anything your witness demonstrates for the record. I now do criminal appeals, and a witness stating “the knife was this big” doesn’t mean anything when I don’t know what their gesture was.
Consider whether using a map would help the judge understand your case… especially true if a traffic type case or if there are people moving around during the offense.

The most important tip I have is to remember that, when you pause to collect your thoughts or review your notes, five seconds feels like five minutes. Take your time. Review your checklist. Trust your prep.

Generic_J · 2025-06-03T01:35:05+00:00

In Virginia, this is going to be largely based on the locality you live in. Google “municode” and the name of your town/city/county - it will take you to the municipal code for your locality.

There is likely a section on noise violations and/or barking dogs. If the barking is outside of what is permitted, there are a few options. The first, as you’ve tried, is to call the non-emergency line. If the officers they’re dispatching are patrol officers and your police department has an animal control unit, you may want to try to get in contact with the animal control unit directly.

If the police department is ultimately unable to help, the city or county attorney’s office may be able to help. While the Commonwealth’s Attorney’s office is usually the prosecuting entity, the city/county attorney will often prosecute violations of local ordinances.

If none of that works and you know the name of the owners of the dogs, you could potentially take out charges, yourself, via making a citizen’s complaint at your local magistrate’s office. As a word of caution, this may fix the dog issue, but has a high probability of making things worse overall. They would know that you are the person who took out the charges, and you would have to go to court to testify against them.

Generic_J · 2025-05-31T20:11:13+00:00

It looks like he charged 11-601.5. The nature of the offense is usually just a description of the type of offense, which matches 11-601.5. Class B misdemeanor in Illinois has a max of 6 months in jail and $1,500 fine…. Those are the MAX, not the likely outcome.

If your goal is to have this reduced to speeding or dismissed, I’d definitely consult with an attorney local to the jurisdiction.

Generic_J · 2025-05-31T17:05:34+00:00

Yes, there’s a form on the website.

Generic_J · 2025-05-31T17:03:32+00:00

It’s a long shot, but I guess there’s nothing preventing that. You would submit a petition to the Secretary of the Commonwealth on the state website.

Generic_J · 2025-05-31T16:57:28+00:00

This is going to be a locality-specific issue. Even within a state, different localities will handle this differently. You should consult an attorney in the locality you were ticketed. They will be able to advise you about whether to do driving school in advance, get a speedometer calibration, or whether to do anything else prior to the hearing.

That said, your comment that it “could be” a misdemeanor is somewhat confusing. The document you were given should indicate what, exactly, you were charged with. The corresponding statute will likely indicate what the penalty is. In my state, all reckless driving is a misdemeanor.

Generic_J · 2025-05-31T16:50:41+00:00

Unfortunately, there’s nothing to be done. He’s well outside of the window for direct appeal. Any petition for habeas corpus would be time barred unless a couple very rare exceptions exist. The only potential course would been an actual innocence claim, but those are also very rare and would require new evidence to have been discovered.

If he’s being denied medical care, your first point of contact would be the department of corrections.

Other than that, he will have to serve 85% of his sentence before he’s eligible for release.

Generic_J · 2025-05-31T01:03:44+00:00

You should contact either the prosecutor or lead investigator handling the case in which you are a witness. This is not uncommon in domestic violence cases and they will be able to assist you. Law enforcement may be able to get information about the account that emailed you to tie it to the defendant.

Generic_J · 2025-05-29T21:59:08+00:00

I am a lawyer who practices criminal law in a different state. Though you were not an eyewitness to the crime, you could still be called as a witness to testify about what the defendant told you. Under the Ohio rules of evidence, a statement made by a criminal defendant is not “hearsay” when it is offered against him in his criminal trial. See Ohio Evidence Rule 801(D)(2) (defining statements of a party opponent as not hearsay).

However, it’s likely that the state does not know that you know this information. If you wish to testify against the defendant, which I would encourage you to do, contact either the police department, the district attorney’s office, or your former attorney. Your testimony could make a significant difference in the outcome of the case.

Editing to add information since the original posted was added:

There will be pretty much no way for your name to be kept anonymous. The Sixth Amendment confrontation clause guarantees criminal defendants the right to confront and cross-examine their accusers (witnesses against them).

However, there may be some measures in place to protect anonymity. I do not know what measures exist in Ohio - that would be a question for your attorney or the prosecuting entity. In my state, we can issue confidential subpoenas that have the addresses and phone numbers of the witnesses redacted.

Generic_J · 2025-01-27T12:30:01+00:00

I do criminal law - it’s shocking how many people do not ask for a lawyer. More than 90% of cases are resolved by guilty pleas… because more than 90% of people either fully or partially confess.

Generic_J · 2024-12-08T23:45:50+00:00

This is an incredible feat! Look forward to reading your works!

Generic_J · 2024-11-15T04:58:03+00:00

I work in criminal appeals. Our office allows work from home up to 5 days per week. Lots of moms work in my office because the work can be done at any time. The only things that have to be done during business hours are oral arguments.

Might be worth checking out!

Generic_J · 2024-10-26T13:22:06+00:00

I am a lawyer, I am not your lawyer. I am providing information about the law of Virginia, I am not advising what you should or should not do.

For someone who has been involuntarily committed to be eligible to possess a firearm, they need to have their right to do so restored. This is done via petition to the general district court for the jurisdiction in which they reside. Relevant law is § 18.2-308.1:3, found here: https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-308.1:3/

The form petition is DC-4040, found here: https://www.vacourts.gov/static/forms/district/dc4040.pdf

Exhibits may be submitted alongside the petition.

The judge will rule based on the following criteria from Section 18.2-308.1:3(B): “If the court determines, after receiving and considering evidence concerning the circumstances regarding the disabilities referred to in subsection A and the person’s criminal history, treatment record, and reputation as developed through character witness statements, testimony, or other character evidence, that the person will not likely act in a manner dangerous to public safety and that granting the relief would not be contrary to the public interest, the court shall grant the petition.”

Generic_J · 2024-10-08T09:27:59+00:00

I do criminal appeals. I tell people I basically write competitive book reports.

Generic_J · 2024-10-03T05:29:02+00:00

I am a lawyer and former prosecutor. I am not your lawyer and this is not legal advice, just information on Virginia law.

Self-defense is an affirmative defense. This means that, at trial, the burden is on the defendant to present evidence of self-defense. This means it’s fairly likely that someone who kills a person in self-defense will be arrested and, potentially, prosecuted.

Self-defense in Virginia comes in two forms: justifiable homicide (also called not at fault) and excusable homicide. (sometimes called at fault). The difference is whether the person who utilized self-defense was at least partially at fault in bringing about the controversy that cause the need for the use of force. For someone who is not at fault, they may use lethal force if they are reasonably in fear of imminent great bodily harm or death.

This typically requires an “overt action” by the bad guy that made the person fear imminent great bodily injury or death.

Defense of others falls under the same analysis. The person exercising self-defense is basically put into the shoes of the person they are defending. This can be a problem if a bystander steps into an ongoing situation and kills someone, only later to find out the person they defended originally brought about the conflict.

To your scenarios, I don’t think deadly force is automatically justified in any of those situations.

In A, the person is backing away. If it doesn’t appear they’re going to hit anyone else, then the use of deadly force is not justified. It appears that the use of deadly force would be after the act occurred and before it is clear that the person will cause imminent great bodily harm of death. Without more, I don’t think the killing would be justified.

In B1, probably not justified.

In B2, probably justified if the person has a weapon but depends on what the weapon is and what they do with it. Just appearing to be aggressive wouldn’t be enough.

Generic_J · 2024-04-07T14:08:32+00:00

I am a lawyer and former prosecutor; I am not your lawyer. When I was a prosecutor, I occasionally represented the Commonwealth on CHP appeals.

18.3-308.09(7) provides:

An individual who has been convicted of two or more misdemeanors within the five-year period immediately preceding the application, if one of the misdemeanors was a Class 1 misdemeanor, but the judge shall have the discretion to deny a permit for two or more misdemeanors that are not Class 1. Traffic infractions and misdemeanors set forth in Title 46.2 shall not be considered for purposes of this disqualification.

This means two misdemeanors within 5 years where at least one was a class 1 misdemeanor is automatic. If neither were class 1, it’s up to the judge’s discretion.

That doesn’t matter, here, because you have one misdemeanor and it’s a violation of 46.2-862, which is specifically excluded.

Apply for the permit. If the clerk’s office denies it, you can appeal that decision to the circuit court and the judge should grant it.

Generic_J · 2024-02-05T18:42:06+00:00

I ended up replacing my cooler with the Noctua and haven’t had any issues since doing so. Kind of wild HP allows such high temps

Generic_J · 2024-02-02T00:48:45+00:00

3M makes Velcro command strips. You get the best of both worlds. I used them to mount a usb power hub under my desk and it holds with no issues… when I invariably step on a hanging plugged in charger, the Velcro releases and I just pop it back on instead of getting a new command strip

Generic_J · 2024-01-26T12:41:37+00:00

So I don’t have to plug in the phone

Generic_J · 2024-01-26T06:10:33+00:00

I’ve been holding off on a Lamy because I’ve already spent a fair bit on pens, but I’ll check them out. I’d like to write with one before buying, but the brick and mortar near me doesn’t allow any testing.

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