If a case is dimissed while in custody what is the law do they get released?

Question

If a case is dimissed while in custody what is the law do they get released?

Answer

If there are no holds they should be released the same day.

Answer

I agree with Mr. Shapiro. A hold would occur if there was a warrant for other charges.

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If the dismissed case is the only reason the defendant was in custody, then yes. But she might also be in custody due to other pending charges, parole violations, outstanding warrants, immigration issues, etc.

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AND, the prosecutor can always refile charges before the release, and start the case over.

My 5 year olds father is threatening to take custody of her. He says that she is abused and all this. He has a jail record I believe for the...

Question

My 5 year olds father is threatening to take custody of her. He says that she is abused and all this. He has a jail record I believe for theft so a felony. I wasn't working for a while due to going to school. He is saying I'm unfit. He also says he has texts from like 3-4 years ago when we were together and I told him that I put soap in her mouth cuz she kept back talking and throwing fits not getting her way and also bout my mother smacking her butt with flyswatter. Can he use any of this against me? And can he find me unfit when I have no record, don't do drugs or have alcohol problem, have a job now ( cuz was going to school) and I have 2 other kids plus my fiances 3 other kids every other weekend?

Answer

The real question is :"Could he win a custody dispute in court?" The answer is yes, it is possible. You can improve your chances by not using soap or flyswatters anymore, and maybe taking a parenting class to demonstrate that you have improved your parenting skills. Also, sit down with an attorney in your community to discuss this further.

I am a NJ resident. I have primary custoday of my 4 year old son. I have a final restraining order against his father. His father has only s...

Question

I am a NJ resident. I have primary custoday of my 4 year old son. I have a final restraining order against his father. His father has only supervised visitation every other saturday and sunday and is court ordered for therapy for suicidal tendancies. He pays no child support as it has not been established yet by my attorney. Can I move out of state ? Can I file a motion requesting to do so ? Please advise.

Answer

You can not find out from your lawyer what you need to do, so that you can move out of state with your son....why can't the lawyer answer your question?

Your lawyer is trying to get child support for you...why the delay?

You need a new lawyer. The questions you are asking should be answered by your lawyer right away.

And yes, I can answer all of your questions and get that motion filed fast and easy. Any good divorce attorney can.

Do i need to give a completed copy of the indiana child support guideline worksheet with supporting documentation and the financial declarat...

Question

Do i need to give a completed copy of the indiana child support guideline worksheet with supporting documentation and the financial declaration form to my ex wife prior to going into our court date for child support modification? I really didn't want to share copies of my W2's from the last three years and current paycheck stubs with her if i do not have to.

Thank you

Answer

Yes both sides have to exchange income information.

my husband is being convicted of a health and safety codes 1137 9. 6 manufacturing drugs and narcotics the state appointed attorney does not...

Question

my husband is being convicted of a health and safety codes 1137 9. 6 manufacturing drugs and narcotics the state appointed attorney does not identify were the cops went wrong making a warrantless arrest with my husband they ignored the California Rules of search and seizure they mislead judges in order to bamboozle California search warrants the state attorney that we have told him that the 2-year deal which I feel is more than two years would be better for him instead suppressing the evidence which I feel that they don't have a case and I need an i need to ask you which would be better for him to take a deal or to suppress the evidence I feel very strongly thatdthe event but he's afraid that he might get more than what he fighting for should he ask for another attorney please help

Answer

If he has good grounds to file a suppression motion and his lawyer fails to file one, that will be considered ineffective assistance of counsel. He should ask his lawyer to explain why he is not filing the suppression motion.

I was pulled over last night and was handcuffed and put in his car without my miranda right read, is that right

Question

I was pulled over last night and was handcuffed and put in his car without my miranda right read, is that right

Answer

It's not like TV or the movies. Just getting arrested doesn't mean they have to read you your Miranda rights. Those are only required if you are "in custody" (arrested or the equivalent of it) and being interrogated. Typically, a "detention" such as a traffic stop does not rise to being "in custody" so no Miranda warnings are required. If there was a Miranda violation, the remedy is to exclude the statement, but it doesn't necessarily invalidate the entire case.

can you work for a different employer while on fmla,

Question

can you work for a different employer while on fmla,

Answer

Sure you can (as in, it is not illegal). Your present employer will probably fire you, but you can do it.