r/Ask_Lawyers

Consider the MPC’s substantial step test.

The original formulation says that a defendant must purposely engage in conduct that, under the circumstances as he believes them to be, constitutes a substantial step.

It later says that conduct is not a substantial step under the above formulation unless it is strongly corroborative of the defendant’s criminal purpose.

This creates some ambiguity as to what set of facts “strongly corroborative” is evaluated under.

A natural reading may say to evaluate it in the defendant’s belief-world, because then the second requirement is merely defining substantial step, which is then modified by the “circumstances as he believes them”

But that would make the strongly corroborative requirement basically meaningless, because you could get acts that do not strongly corroborate the purpose at all (like snapping your fingers or telling the truth) to be defined as substantial steps (if the defendant believes that snapping their fingers kills somebody or that the truth is actually a false statement).

So what is the best way to read the strongly corroborative language?

This despite the knowledge all phone calls are taped and reviewed.

There's a lot of statistics and studies that claim criminal defendants talk or don't plead the 5th when detained by police or FBI/DEA/IRS/whatever.

Is this true in your experience? And curious what types of clients immediately clam up and plead the 5th or demand a lawyer? Are they people who've been through the legal process before?

"I am OK with the retainer and the rates; however, from my understanding, the retainer is nonrefundable. The issue I encountered with previous attorneys was that they agreed to pursue motions to compel discovery, but ultimately did not follow through for, what I assume, was in their best financial interest.   This leaves me concerned about paying a nonrefundable retainer without assurance that those matters would actually be pursued.

With that said, I would be more comfortable including a write in clause in the agreement providing that, if motions to compel discovery are not pursued in court, I reserve the right to terminate representation and receive a refund of any unused portion of the retainer."

She knows the case, and agreed to do compel. Is my request fair and understandable or would you run for the hills? Alternative option is ask for a lower retainer and pay as I go (she knows I have the money) but I think that would leave a far more sour taste.

Basically what the title says. My understanding is that the issue can only be raised by the VP and either the cabinet or "such other body as Congress may by law provide"? What does the latter allow for?

What Does a Prosecutor have to prove to compel you to testify at trial, deposition, in a grand jury etc.

* (All Applicants) Do you have any significantly close personal relationships who currently work at **** as family members, romantic partners, or others with whom you share a strong personal connection beyond simply being good friends)? If so, please provide their name(s).

It seems like too personal of a question to ask an applicant. I declined to answer the question and was rejected as a result.

I watched “The Crash” on Netflix about Mackenzie Shirilla, the 17 year old girl who was convicted of double murder for the crash that killed her boyfriend and his friend. I remember seeing this story in the news when it was unfolding and have also seen a few other documentaries on it. I fully think she was guilty and was adequately tried and convicted. I’m shocked to see opinions on socials with the belief that they think she was overcharged (should’ve been charged with manslaughter, reckless homicide, involuntary manslaughter, etc instead of murder), or even that she’s innocent, suffered a medical episode and the crash was a complete accident.. This made me realize that she would’ve probably had a better chance convincing one or two people on a jury that the crash was accidental, leading to a hung jury OR if the jurors with the belief that she wasn’t guilty of murder being convicted enough, being able to convince others of that. Wouldn’t it be more certain for a judge to find her guilty of murder than a jury?

Why do you think she chose a bench trial over a jury trial? For lawyers or those familiar with the courts/Ohio, what would you advise your client to choose in this case and why?

Not here to discuss her guilt or intention, but just purely the choice to choose a bench over jury trial and why

All theoretical of course but based on a scene from a movie that I wonder if it’s based in real life.

Let’s say John kills Jane and the police come to the door for an investigation and the police ask (pre Miranda) do you know what happened to Jane? And the guy says “yes I killed her with a knife in my kitchen and buried her body at the pond”

So police arrest John and go to the pond and find the body

Would the evidence have to be thrown out? It is pre-arrest so that’s where I think the water is murky in terms of legality, but it is during an investigation

So could they still charge with murder but can’t use the wbody, weapon, or the statement for evidence? Would the case only rely on other evidence?

As a solo practitioner, how many DUI, Drug Possession, or less time-consuming cases do you handle per year? As a solo practitioner, if marketing could bring in as many cases as you want, how many DUI, Drug Possession, or less time-consuming cases, do you think you could handle per year?

I understand that you can handle more DUI cases than felony murder cases that go to trial.

I see in shows all the time the lawyers saying “if you’re not honest with me i can’t help you”. do clients actually tell you if they’re guilty? does your performance change based on the severity of the crime committed?

So I’m stuck. I’ve talked to so SO many lawyers, who are all also confused. Some I suspect just don’t have the time to help, and others have genuinely tried to help figure this out, but we arrive at the same place. So here I am, asking Reddit as a last ditch effort.

So my 3 yr old and I fled our home in UT, and moved to have support of family in GA, after I was victimized by my husband. He was arrested for Domestic Violence, and took a typical plea of abeyance. I have a protective order that I obtained before leaving the state.

I obviously want a divorce. The problem is, my son and I have been in GA for about 8 months, so we are now residents here. But my husband has no ties here, and has never lived here. Both of our names are on the house that we own in UT. So now each of the two state attorneys keep ping ponging me back and forth as to where to file for divorce.

One told me that UCCJEA custody law does not apply since my spouse has no ties to GA, others have said it does. How do I file? What plan of attack would you take?

If I give UT jurisdiction over custody, then I’m assuming we will have to end up in court to fight to “relocate” to GA? My spouse has shown that he doesn’t really want us. Despite the obvious DV actions, he never filed for divorce, which could’ve potentially kept us in state. He’s done nothing.

Since historically he doesn’t nothing but drink, smoke, and play video games, I was thinking my best chance was to file here in GA and pray that he’ll give GA personal jurisdiction so we can divide the house as well in the same case. If he doesn’t, then he would also have to pay two separate attorneys. While I don’t have the money for two, my parents have offered to loan it to me so I could make it work. Is this even an option? I can’t seem to get any straight answers here. Has anyone ever had a case like this? It seems to be rare that when someone flees abuse that they make it out of state as long as we have. I just want to be divorced. I’m so tired, and he continues to try to hurt me. He’s moved a woman, 5kids, and a dog into our home as “renters” but refuses to provide a rental agreement, letting them use all of our belongings. He threatens to get rid of sentimental items and pets. I just want to be done. I understand this is reedit, and none of you are my attorneys and cannot take this as legal advice. If anyone has had a similar case, please point me in the right direction. I’m losing hope of ever being free😭

My father unexpectedly passed away on January 1st, and we recently discovered the attorney he had been working with was apparently not licensed in Virginia or DC, where my dad owned property.

There was no finalized signed will before he passed, probate hasn’t even been opened yet, and this person is still contacting our family and sending invoices totaling around $20,000.

We’re trying to figure out:
- Is this something we should report?
- Who would we report it to?
- Can someone practice or bill for estate-related work without being licensed in the state?
- Has anyone dealt with something similar after a family member passed?

This whole situation has been overwhelming, and we’re just trying to protect my dad’s estate and understand our options. Any advice would be appreciated.

Hello! A scummy landlord took 1350 out of 2450 security deposit and I sued them in small claims and won. Now I gotta notice that they wanna cancel the ruling and I’m supposed to show up to trial 7/1/26. I think they’re trying to drag it out as long as possible until I give up so looking for a lawyer who can get my money back+ask for all the legal fees on them. Thanks! :D

I’m considered an expert in a topic related to my job. It’s is a topic that comes up in legal cases. I’d like to be a subject matter witness rather than working directly with clients. What is the best way to let attorneys know that I am available, other than a website?

Florida question about court terminology and records.
I completed misdemeanor probation successfully, paid all fees, and later received written confirmation from probation that the charges were dropped and that I’m eligible to begin the expungement process.
I’m now trying to:
request removal from a mugshot website, and
begin expungement paperwork.
However, I noticed I never received a formal court document saying “dismissed,” and when I search the public clerk portal, I cannot find the case anymore.
For people familiar with Florida court procedure:
Is “charges dropped” usually reflected as a dismissal, nolle prosequi, or something else on the final disposition?
What is the exact name of the document people usually request from the clerk for expungement/mugshot removal purposes?
Is it common for cases to disappear from public search after disposition even before expungement is finalized?
Not seeking representation or case-specific legal advice — mostly trying to understand the terminology and procedural flow correctly.

The co-owner who wants to repair the vehicle will pay 100% of the repair costs and will not ask the other co-owner who doesn’t want the car to be repaired to pay anything. The car has not been driven for months and both co-owners agree to sell it.

The repaired vehicle will increase the value that will benefit both co-owners (and both co-owners will equally benefit from the higher resale value). The title with the two co-owners is an “AND” title (and not an “OR” title).