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David R Yannetti

David Yannetti’s Answers

3 total

  • What will the outcome be?

    I have received my letter for a clerk magistrate hearing for shop lifting from kohls as a employee.i did not take anything the day that I was talked to. I am ashamed and learned my lesson. This is my first ever offenes/ first time I've ever been i...

    David’s Answer

    I would not worry about having returned the items. Rather than viewing that as an admission -- since the burden of proof at a clerk's hearing is so low anyway -- the magistrate would sooner view that as good behavior correcting some of the bad behavior. That will serve your attorney well as he argues that the complaint should not issue against you.

    Also, you will need to hire your own attorney for this. You are not entitled to court-appointed counsel at this stage of the proceeding. If things go poorly for you at the clerk's hearing, you will be summoned back to court for an arraignment before a judge. That would put an entry on your criminal record. That would also entitle you to court-appointed counsel, if you are indigent. But I'm sure you would prefer not to get to that stage.

    My strong advice to you is to raise the funds now for an attorney to represent you at the clerk's hearing.

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  • Court disposition Letter for the misdemenaor charge while filing green card

    How can i get a court disposition Letter for the misdemeanor charge which happened 6 yrs back in Los Angeles as now i am in Boston and i cant get there just to get it.While searching online i can see the case number and details of my case in court...

    David’s Answer

    The docket sheet -- which would reflect the dismissal -- is a public record available at the courthouse. Most clerk's offices will accept a written request from someone through the mail, with payment enclosed, in order to mail back a certified copy of the docket sheet. That is what you need. You should call the courthouse where the case occurred. Ask them for guidance on how to obtain the certified copy. You should not need to fly to LA to get this. Good luck.

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  • If ohio have a hold on my license and i never had one before can i still get them in another state like illinois

    if ohio have a hold on my license and i never had one before can i still get them in another state like illinois? i have a mistameaner warrent for probation violation

    David’s Answer

    Nationwide, motor vehicle departments are cooperating and sharing information like never before. If one state has suspended your license (or has a "hold" on your license, as you say), then no other state will grant you a license. The warrant for you in Ohio will therefore prevent not only Ohio from granting you a license -- it will also prevent every other state from doing so.

    I receive calls from people all over the country who are seeking to obtain a driver's license in their current home states -- but cannot do so because their driver's licenses are still suspended in Massachusetts. Typically, I would work with those people to first obtain a copy of their criminal record, to see what's holding up their license. I would then contact the authorities --be it the Registry of Motor Vehicles, the police, the court and/or the district attorney's office -- so that I could properly advise my client how to clear up the problem here in Massachusetts. Most of the time, the client will need to appear in Massachusetts at least once to resolve the issue.

    You should contact a competent criminal defense attorney in Ohio. The probation warrant will remain outstanding, obviously, until you appear in court to have the warrant recalled. You also will never be able to obtain a driver's license until you clear up that warrant.

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