Skip to main content
Wayne Rodgers Foote
Avvo
Pro

Wayne Foote’s Answers

534 total


  • What can I do? Can I file a grievance, or sue for damages based on the false allegations they alone are leveling at me?

    While on juvenile probation, I claimed I committed a crime so I wouldn't go to jail (for violating my probation by 'not cooperating with treatment' I took it back right away). the person I said I committed the crime against knows I didn't commit...

    Wayne’s Answer

    The consequences of lying and admitting to a crime are far reaching. The problem is that your probation officer knows you lied about it at least once - either then or now. He also knows that you are willing to lie to avoid jail or get privileges. He really has no way to decide which story to believe, so he will believe the worst to be on the safe side. I can't think of anyone you can sue to change this problem.

    See question 
  • Can I get of US Federal lifetime probation?

    I have been on US Federal probation for 5 years on a life-time probation. I am looking for a lawyer that can help me get off US Federal probation. I do not make much money, and can barely keep ends meet. Is there a lawyer out there can help m...

    Wayne’s Answer

    Under 18 U.S.C. § 3583(e)(1), a court may terminate an offender’s term of supervised release “at any time after the expiration of one year of supervised release . . . if it is satisfied that such action is warranted by the conduct of the defendant released and the interests of justice.”

    Unfortunately, only 12% of supervised release cased are terminated early, and the percentage of those that were originally sentenced to lifetime supervised release is vanishingly small. Your chances are not good. It is even less likely that you will succeed without a lawyer. It is likely to be very time consuming. You need to look for a lawyer in the district where you were sentenced. I think it is unlikely that you will find a pro bono lawyer for the task,

    See question 
  • What can I do to reduce charge or get probation or community service

    I am charged with theft and criminal tresspass. I was still in the store when the officer detained me.He did not place me under arrest but fit handcuff me and took me back to the office where I received to citations .I do have priors .It was less ...

    Wayne’s Answer

    While no one can guarantee that you will get a reduced charge or no jail, your chances are much better with a good criminal defense lawyer in your area. The problem with having priors is that most states increase the level of the offense and penalties for subsequent crimes.

    See question 
  • How can I get these websites to take down my arrest when it gets expunged?

    I live in Georgia. I was arrested and charged with 3 misdemeanors. this was my first arrest. Charges are to be dropped and expunged after my court date. However, my arrest record is on several mugshot websites.

    Wayne’s Answer

    This is not really a question for criminal defense lawyers. There are several web services that deal with cleaning up one's reputation. You should check with them. It is difficult to get a private business like the criminal record websites to remove true information, even if the government expunged the record.

    See question 
  • Does anyone have case laws for a judge overturning a verdict

    i am looking for case laws that show cases where a judge over turns the verdict made by jury can you give me some examples please

    Wayne’s Answer

    You have to identify the grounds for reversing the verdict before you look for cases on that issue because there are many cases about each issue. Most of them are not helpful to overturning the verdict. Some grounds for overturning a verdict or seeking a new trial are Insufficiency of the evidence, newly discovered evidence, jury misconduct, and prosecutorial misconduct.

    See question 
  • Can our attorney use the police reports in court of the reason why she wants to put a PO on us.

    My attorney told me that my sister in law might not have an attorney with her in court for a protective order on me and my husband for our kids and her. Her attorney said the she doesn't want to hire him for the court date. So it might just be her...

    Wayne’s Answer

    You hired an attorney. Ask the attorney. If you don't trust the answer, hire a new attorney. We don't know enough about the case to answer the question.

    See question 
  • In fed Court do you get all the points at one time the 5k. Safety valve accepting responsibity and minor role yes or no?

    Hello thank you

    Wayne’s Answer

    When you say "5K" I assume you mean a 5K1.1 departure for substantial assistance to authorities.

    The Court starts by calculating the Guideline sentence using Chapter 2, (offense conduct) and Chapter 3 (adjustments). In your example the court would take the offense conduct and then take off 2 or 3 points for acceptance of responsibility (3E1.1) and 2 points for minor role (3B1.2) and any additions under chapter 3.

    The court would then look to see if a mandatory minimum applies that is higher than that guideline amount. If so, and the person qualifies for the safety valve, the guideline sentence less two points applies, but no lower than level 17. That number is then the guideline sentence before any departure.

    At that point the court considers whether to make a downward departure for substantial cooperation (based on a government motion for a departure). If so, that sentence is calculated. If the safety valve did not apply the government must also move to take the sentence below the statutory minimum for the court to do so.

    The court then considers all other relevant factors to arrive at what it considers a proper sentence. It can be above or below the sentence calculated under the guidelines, above.

    See question 
  • [Re-asking] Son was arrested for domestic violence I feel like he got screwed big time.

    So I've already asked this question but I didn't have all the details the first time around. My son was arrested on domestic violence serious charge and took a deferred judgement. They said it would be off his record and expunged on July 10th of 2...

    Wayne’s Answer

    What is the question? It sounds like there is more to the story since your son was willing to plead to the charge and take a deferred judgment.

    See question 
  • Can I apply for CPA exam with DWI on my record?

    I would like to apply for CPA exam. I had a DWI in 2009. Can this disqualify me from exam?

    Wayne’s Answer

    A misdemeanor conviction will not bar either applying for the CPA exam of becoming a CPA. You will be required to disclose the conviction and its underlying facts. While it will not bar you from that career field, some employers may be reluctant to hire you because of the conviction.

    See question 
  • What is " jurisdiction in the premises" meaning and where does it comes from?

    I am trying to get a Maine trial by jury for a traffic infraction with an article 1 section 20 constitutional challenge. I do not want to make a procedural mistake and potentially ruin a change in constitutional understanding. Is premises used...

    Wayne’s Answer

    Pickering is a funny case. It is really all about procedure that applied 35 years ago. The District Court is a court of limited jurisdiction and cannot hold jury trial. The Superior Court is a court of general jurisdiction and can hold jury trials. When someone lost a trial in the District Court he could either appeal the judgment to the Superior Court or, instead, ask for a new trial in the Superior Court.

    Pickering had two tickets that came to court in two separate cases.

    In the first case he first demanded a jury trial in the District Court and, when that was denied, took the case to trial in the District Court where he lost. He then appealed to the Superior Court but never demanded a new trial. He simply argued that he had a right to a jury trial. The Superior Court denied that appeal. He then appealed to the Maine Supreme Court. That court upheld the Superior Court decision, noting that the Superior Court correctly held that the District Court had no jury trial jurisdiction and Pickering never asked for a jury trial in the Superior Court. What the Maine Supreme Court meant is that the District Court lacked the jurisdiction to give him a jury trial even if the judge wanted. By only asking for a ruling that the District Court was wrong, instead of asking for a jury trial in the Superior Court, Pickering lost.

    In the second case Pickering filed an appeal immediately after his demand for a jury trial in the District Court was denied. When the Superior Court denied it he appealed to the Maine Supreme Court. This is called an interlocutory appeal meaning it is in the middle of the case. Interlocutory appeals are allowed in only very limited circumstances. This was not one of those cases. The Supreme Court held that there was no jurisdiction over this appeal in ether the Superior Court or the Supreme Court and dismissed the second appeal.

    That procedure is no longer in practice.

    I have not analyzed how you would currently go about asking for a jury trial on a ticket. The following is not a certain method of applying for a jury trial, but two possibilities. You would be best served by hiring a lawyer to help you.

    You would start by contesting the matter to the violations bureau. That must be done within 20 days of getting the ticket. It would then be sent to the District Court in the county where the ticket arose. There you would need to file a notice of removal to the Superior Court and tender the $300 fee for jury trials. The removal rule is civil rule 76C. Alternatively, since the violations bureau is a District Court, you might have to file the jury demand there and tender the fee at that time I am not sure which applies. Don't expect the court to be helpful on this. The rule is that there are no jury trials for tickets, and they do not want you to succeed.

    See question