Archive for May, 2012

How do I know what to do when my child gets in trouble with the law?

The age of the child will largely determine the course of action and the charges that will be pressed against them. If the child is under 17 they will typically be charged in juvenile court. There are issues that will need to be discussed with the family prior to attending the first hearing. There are also programs that could be viable options for the child to attend. Normally the first hearing is with the probation office and not the prosecutor.

If the child is 17 or older, they will be charged as an adult. Program options are available for those children that have a limited record. In some situations it is possible to keep charges off their record, but a consultation would be required to determine if this is possible.Image

I always advise people to speak with an attorney before talking to authorities.

 

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

What happens if I want to withdraw my plea after it’s been submitted?

It’s rare, but occasionally a client may want to withdraw their plea for various reasons.

Because withdrawing a plea is a complicated process, there needs to be a valid reason as to why the person wishes to do this. The presiding Judge must decide if it is in the best interest of justice to have the plea withdrawn. If the Judge decides it is in fact in the best interest of justice based on a factual basis, the Judge must then verify the prosecutor would be not substantially prejudiced by having the plea withdrawn.

Each case will have a different facto scenario that will help determine the validity or strength of your case to withdraw your plea.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

How can I get my personal property back when I am going through a divorce?

I left the house and now I need personal items from the home.

This happens frequently in divorce situations when one party leaves the marital home and does not take everything with them that they need. Your spouse might be angry and not let you in to the house and you of course don’t want to risk having the cops called.

Normally an attorney will sit down with you and go over the items that are in dispute and resolve the issue. Unfortunately this can sometimes take longer than one might like.

You can request a civil standby from the local police where they supervise the visit and the items that are taken from the home. Law enforcement are normally hesitant to come to your home and they may require a court order prior to handling the situation.

It’s always a good idea to take all the necessary items from the home before you leave, but hopefully this information will help guide your next steps if you find yourself in this situation.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.