Your Legal Questions Answered
The police have pulled me over and are asking me lots of questions like where I came from and where I am going. Do I have to give them this information?
ou do not. In fact, the best course of action is to identify yourself, provide identification and insurance if asked and KEEP QUIET! You are under no obligation to answer ANY questions or even respond to whatever the officer is saying or doing (except the identification and insurance requests). Police are trained to use the way you speak or your body language to find indicators that you may have engaged in unlawful activity - such as drinking and driving or driving under the influence of drugs. If you are asked to blow in a breathalyzer, you can refuse but see here for details on refusal.
My wife/husband has just told me he/she wants a divorce and that I need to pack my bags and get out of our house. Do I have to?
No. Each spouse has an equal right to live in the residence. However, keep in mind that if things get heated and someone calls the police, the police will probably "suggest" that one of you find somewhere else to spend the night. If you do leave and the locks are changed while you are gone, you have every right to call a locksmith and get back into your house.
My significant other just hit me (or my child). Is there any way to keep my them away from us immediately?
Yes, you can apply for a protective order. You will need to file an application and give a sworn statement about the circumstances of the abuse and details about what happened. A judge will then immediately make a decision, without your spouse/significant other present. You do not even need to tell your significant other you are going to or have filed it. The court will serve a copy of the application on them at the address you provide and set a hearing to determine if the protective order should become permanent (usually 2 years). The temporary protective order lasts a maximum of 2 weeks. If your significant other violates the order, call the police immediately and tell them you have a protective order.
Can I erase portions (or all) of my criminal record?
For more indepth information on this topic see the page on expungement and nondisclosures on my website here.
What will happen if I don't come to docket call?
A capias will be issued for your arrest for Failure to Appear and a new bail jumping charge can be filed against you.