Questions for our VERIFIED LAWYERS*~*~*NO DISCUSSIONS*~*~*

[Kimster]

Please list your questions for verified lawyers on the board.

*~*~*~*~* NO DISCUSSIONS PLEASE *~*~*~*~*

If you would like to add yourself as an expert in a certain field or an insider to a case, please contact Tricia.

If you do not wish to be identified as an expert in a certain area, we only ask that you refrain from answering questions that are specifically directed to those that have been verified as specialist in their area.

If a member posts with "expertise" please check to make sure they are on this list. If not, please do not take their post as professional information, but rather just as another opinion ;much as you would with any member of the general posting membership.

[darnudes]

Thanks Kimster!

A question for the legal eagles. When you marry in North Carolina does spousal privilege carry over to the period before you married? I'm sure it doesn't but need to check. This is not in relation to AB and EB.

[Shutterfly]

I have one. I'm not well versed on legal terms and procedures, so please try to overlook my ignorance on the subject. Here it is.

What happens if there's nothing 'left' to prove the exact cause of death in this case?

[SherlockHomey]

I have another: If you were married in Australia (one US citizen and one Aussie citizen) and both move back to the US, is the marriage recognized in the US?

[Soulmagent]

If the marrigage is legal how will the marrigage effect them in terms of their being co defendants?

Ya know if Adam gets arrested.

[LaWanda]

Since EB has confessed to writing the ransom note, can AB/EB have more charges against them like vandalism of the car (Pouring gas into it)?

[gitana1]

I can answer some of the questions but not all.

Originally Posted by darnudes

Thanks Kimster!

A question for the legal eagles. When you marry in North Carolina does spousal privilege carry over to the period before you married? I'm sure it doesn't but need to check. This is not in relation to AB and EB.

I think marital privilege means you cannot be compelled to testify against your spouse period. Regardless of the time period covered by the testimony.

Originally Posted by SherlockHomey

I have another: If you were married in Australia (one US citizen and one Aussie citizen) and both move back to the US, is the marriage recognized in the US?

Yes.

Originally Posted by Soulmagent

If the marrigage is legal how will the marrigage effect them in terms of their being co defendants?

Ya know if Adam gets arrested.

It is a legal marriage, from what I understand. It just means that one spouse cannot be compelled to testify against the other. But I venture to guess that one will. In these cases, the big question I think is whether they will be tried separately or not. I believe they will be because I think one will sing, eventually, at least partially.

[gitana1]

Originally Posted by LaWanda

Since EB has confessed to writing the ransom note, can AB/EB have more charges against them like vandalism of the car (Pouring gas into it)?

There may be other charges coming down the pike. But, I don't think there would be a charge for destroying ones' own property. If it was someone else's property, then there could be a charge. We need AZlawyer or Desquire. They are much more knowledgeable than me regarding criminal law.

[vjlaw]

What does the J and R mean in the domestic violence convicted flag in AB's record?

[impatientredhead]

Originally Posted by gitana1

There may be other charges coming down the pike. But, I don't think there would be a charge for destroying ones' own property. If it was someone else's property, then there could be a charge. We need AZlawyer or Desquire. They are much more knowledgeable than me regarding criminal law.

The vehicle doesn't belong to Adam, as he makes very clear it is owned by his boss and ties it into the whole mistaken identity resulting in his daughters kidnapping.

IMO if they get to having to press arson charges rather than murder charges it would be a sign of huge desperation.

[gitana1]

Originally Posted by impatientredhead

The vehicle doesn't belong to Adam, as he makes very clear it is owned by his boss and ties it into the whole mistaken identity resulting in his daughters kidnapping.

IMO if they get to having to press arson charges rather than murder charges it would be a sign of huge desperation.

If it is not his car, then yes, there could be vandalism/arson charges. But I disagree that such would be a sign of desperation. I think filing less serious charges can be a useful tool used to pressure a suspect or at least to keep him or her in a location where they can be controlled somewhat, less able to flee or destroy evidence, etc.

[luckygirl]

I've got a question for any expert that can answer.

Assuming that AB is not an American citizen, and Assuming he is arrested and convicted, will he be taken back to AU for his sentence or would prison time be served here in the US?

Or, If he is not charged (and that's a big if) would he be deported, assuming he is not here legally?

I think I may know the answers but thought it would be better to ask someone that actually knows.....

[NancyA]

Oops edited to add: I meant to quote luckygirl.

I don't claim to be an expert but from my own experiences with immigration (I'm a permanent resident with a Green Card) I do know the answers to these questions and will answer if that's ok with the mods, if not, I apologise and please delete.

This applies to any foreign citizen getting arrested for a crime while abroad, your embassy can help with advice and finding a lawyer etc but they cannot interfere with the legal process in a foreign country. LE of the country where the crime was committed have jurisdiction until such time as charges have been answered, the suspect is cleared or convicted and any sentence imposed has been served only then will immigration authorities take jurisdiction and proceed with deportation measures.

As far as AB's immigration status is concerned, he is most definitely NOT an American citizen, he hasn't had time, he's only been here for 2 years and you have to hold a Green Card for 3 before you can apply for citizenship.

If he did it legally, right now he may be a permanent resident with a conditional Green Card valid for 2 years. Within the ninety days before that GC expires AB and EB would have to apply jointly for the conditions to be lifted and a permanent GC issued. Basically they would have to prove they are still living together as man and wife and have been all along, have joint financial commitments - bank accounts, leases etc -, and have filed joint tax returns. Here's the stinger for AB though, even if he were still living as man and wife with EB and he could convince her to sign the joint application, he would also have to declare any arrests and/or convictions on the application, and they don't just take his word for it, the FBI does background checks. In his case, since he does have arrests and outstanding charges against him, that would almost certainly lead to him being denied a permanent Green Card and lead to his deportation.

If he's here illegally, and he IS charged and convicted he will have to serve whatever sentence is imposed HERE before he can be deported. If he's NOT charged, I'm sure LE will inform ICE who will take steps to have him deported if he doesn't leave of his own accord.

[luckygirl]

Originally Posted by NancyA

Oops edited to add: I meant to quote luckygirl.

I don't claim to be an expert but from my own experiences with immigration (I'm a permanent resident with a Green Card) I do know the answers to these questions and will answer if that's ok with the mods, if not, I apologise and please delete.

This applies to any foreign citizen getting arrested for a crime while abroad, your embassy can help with advice and finding a lawyer etc but they cannot interfere with the legal process in a foreign country. LE of the country where the crime was committed have jurisdiction until such time as charges have been answered, the suspect is cleared or convicted and any sentence imposed has been served only then will immigration authorities take jurisdiction and proceed with deportation measures.

As far as AB's immigration status is concerned, he is most definitely NOT an American citizen, he hasn't had time, he's only been here for 2 years and you have to hold a Green Card for 3 before you can apply for citizenship.

If he did it legally, right now he may be a permanent resident with a conditional Green Card valid for 2 years. Within the ninety days before that GC expires AB and EB would have to apply jointly for the conditions to be lifted and a permanent GC issued. Basically they would have to prove they are still living together as man and wife and have been all along, have joint financial commitments - bank accounts, leases etc -, and have filed joint tax returns. Here's the stinger for AB though, even if he were still living as man and wife with EB and he could convince her to sign the joint application, he would also have to declare any arrests and/or convictions on the application, and they don't just take his word for it, the FBI does background checks. In his case, since he does have arrests and outstanding charges against him, that would almost certainly lead to him being denied a permanent Green Card and lead to his deportation.

If he's here illegally, and he IS charged and convicted he will have to serve whatever sentence is imposed HERE before he can be deported. If he's NOT charged, I'm sure LE will inform ICE who will take steps to have him deported if he doesn't leave of his own accord.

Thank you so much for taking the time and knowledge to answer.

[Kamille]

Originally Posted by vjlaw

What does the J and R mean in the domestic violence convicted flag in AB's record?

Agathawannabe made an excellent post regarding those fields

Websleuths Crime Sleuthing Community - View Single Post - NC - Zahra Clare Baker, 10, Hickory, 9 Oct. 2010 #36

Websleuths Crime Sleuthing Community - View Single Post - NC - Zahra Clare Baker, 10, Hickory, 9 Oct. 2010 #36

[Wondergirl]

If AB is arrested, charged and convicted, and sentenced to death, is he able to be extradited back to Australia to avoid the DP?

[Clue Hopper]

If it can be proven that EB has more money then she has claimed, would she lose the use of the indigent defense?

[FaerieB]

If Bio-Mum can prove that AB took, and kept, Zahra from her homeland illegally, and she wanted to charge AB with parental interference or kidnapping or *something* would charges be filed in NC or in Australia?

[passionflower]

Why isn't AB arrested for the 911 call?

[LandAuxvasse]

Bump??

[Mountain_Kat]

If EB and AB were not legally married, how might that affect his immigration status? And how might this affect a trial, if AB is charged with murder?

http://charlotte.news14.com/content/...mmitted-bigamy

[tlcya]

What are your thoughts on Elisa Baker's attorney Dubbs' motion for bail reduction wherein she outlines all the ways E has been helpful in leading LE to evidence of Zahra's remains etc?

What are your thoughts on DA Galliard's comment that her being assigned to the case may have been premature?

If they (E and Dubb's) are unable to obtain a deal from LE on charges pertaining to Zahra's demise, has Dubb's fatally wounded her client's case? Could this come into play in an appellate situation?

[Wise Old Owl]

What are the ramifications of Dubbs and the investigator retrieving and collecting that certain "piece of evidence"? Shouldn't they have let it be and called LE to come and get it?

P.S. I still dont' understand a seasoned DP attorney going and collecting a significant piece of evidence on her own. She should know better - shouldn't she?

[shay0903]

If EB and AY where granted divorce based on her present married name (baker) despite no divorce from previous marraige does that void their divorce based on the incorrect name?

[WhyaDuck?]

Bumping, bumping, over the bounding maine...