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Kevin Murray Smith
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Kevin Smith’s Answers

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  • I was charged with poss of narc in ct,

    pulled over they found it in backsea(not mine)t, im a first time offender, completely clean record, graduating college in may, served in army for 4 years, single mom, worked hard at place for 8 years(suspended due to this), if gets off record not ...

    Kevin’s Answer

    Your description of the events and your background certainly present a very sympathetic situation. Hire a criminal defense attorney to represent you so that he or she can convey you and your particular circumstances in the best light. Pretrial diversionary programs and other court services may be able to you in order to avoid a harsh sentence or even a conviction.

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  • Received possession of less than 1/2 ounce of marijuana and paraphernalia . Will it show on background check?

    If i plead guilty to ticket will it show on background checks and also will my financial aid for school be taken back? Also i'm 22

    Kevin’s Answer

    Pleading guilty will subject you to both the consequences you have described. If you have already done so by sending in your ticket with payment, then you will need to quickly hire an attorney and reopen the case.

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  • I have misdemeanors such as a possession of marijuana, larceny, and failure to appear. Does that ruin my chances of citizenship?

    They are are very small and not too serious

    Kevin’s Answer

    It is unclear whether you mean that you have pending cases or convictions. In the event that you mean pending cases, you need to hire a criminal defense attorney immediately and make sure that you raise your immigration concerns with him or her. You would also be wise to seek the counsel of an immigration attorney and give them a detailed account of your criminal cases. To the extent that you can prevent convictions on any of the charges you mentioned, you will greatly improve your chances of citizenship.

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  • I am in IOP, NOT COURT ORDERED. Applied on my own. Can Prob. Officer obtain information without my consent? or give info to IOP

    I have been in the system for a year on house arrest for 6 months due to Larceny and DUI. No alcohol charges, just drug charges. Im doing community service and going to court ordered programs. IOP is NOT COURT ORDERED.

    Kevin’s Answer

    Under certain circumstances, your probation officer may try to pierce the various laws protecting your private health records, such as when police officers obtain search warrants for medical records in DUI cases. You should speak to a defense attorney about how you can best maintain your privacy rights.

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  • Hello I just got charged with larceny 6th. Do I need to pay for an attorney to avoid a criminal record?

    I got caught shoplifting at Wal-Mart for 35 dollars of things and was charged for larceny 6th

    Kevin’s Answer

    Paying for an attorney will not guarantee that you avoid a criminal record, but you would be wise to hire an attorney in order to pursue all possible avenues of avoiding a criminal record rather than trying to figure the criminal justice system out on your own or at the direction of a prosecutor.

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  • My dad is in jail

    He has 4 class c larceny 6th degree charges 1 ill open motor vechicle charges an evade resp/property/damage and then a violation of probation 1st violation and last use of drug para what's an estimate sentence please tell me or how much he'll serve

    Kevin’s Answer

    You need to call a criminal defense attorney and speak to them, directly and confidentially, in order to get an accurate estimate. That attorney will need to know your father's criminal record, if he has any, and get some idea of the allegations and what evidence exists. Such discussions are best not held in a public forum like this, but in a one-on-one basis. But no attorney will be able to do more than give you his or her best estimate.

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  • What is the statue of limitation for arrest of a DWI in state of Connecticut

    single car accident occurred in winter of 2011 . . no arrest was made at that time . . just found out an arrest warren was put out in Jan 2012 . . what are my rights , etc . . .

    Kevin’s Answer

    You need to call a criminal defense attorney immediately and discuss this case in confidence. There may be a number of issues with this warrant, but it is likely within the statute of limitations. However, the length of time between the accident and the warrant is longer than usual and may indicate that there are hurdles facing the prosecution. Again, given the nature of your case, you would be wise not to discuss the facts in a public forum like this, but rather in private with an attorney.

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  • I got a DUI in CT in 2007 and had a CT license. I took the AEP. In 2010 I got my 1st DUI conviction

    again on CT license. I recently got ticket for 2nd DUI in CT but on NY license. Will DMV suspend my CT driving privileges? and is there any scope of avoiding Jail term of mandatory 120 days if convicted? Also the officers did Breathanalyzer t...

    Kevin’s Answer

    DMV will seek to suspend your CT driving privileges. If you plead guilty there will be no way to avoid the mandatory minimum jail time, but it sounds as though there are significant issues with the breathalyzer results, such that you may have a winnable case. However, in CT a prosecutor can pursue a common law theory that does not require breathalyzer results but is based upon what behaviors the officer observed. Given that this is a public forum, you would be wisest to consult with an attorney directly so that you can discuss the facts and circumstances of your case in confidence. Many, like myself, will give you a free initial consultation.

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  • I Was Too Tired To Drive, So I Went Into A Church While It Was Open, Fell Asleep In A Dark Maintenance Room. The Two Remaining

    The bond is $500 non-surety. I have no previous arrests of any kind, had a speeding ticket of $300 today, first real speeding ticket ever. I had a disorderly conduct charge when I was 14 which was nullified. They found no trace of ...

    Kevin’s Answer

    You do not appear to have the requisite intent for any serious crimes. You should consult with an attorney, as you likely have a valid defense, as well as a number of pretrial diversionary programs available to you that could get the case dismissed. Many criminal defense attorneys, like myself, will give you a free consultation.

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  • Do I need a lawyer for a first time offense of DUI?

    My friend was pulled over for speeding 78mph in a 45 mph. She was arrested for dui also because her BAC was 0.9.

    Kevin’s Answer

    Your friend certainly should consult with and hire an attorney, as the BAC results suggest a number of possible defenses. She also may have pretrial diversionary program options that could ultimately result in a dismissal of the case. However, she would be wiser to contact an attorney by phone or in person, so that she can speak with them in confidence rather than in a public forum such as this.

    Many attorneys will provide a free consultation by phone or even in person, and your friend should be prepared to provide all facts and circumstances surrounding her arrest, including the names of any witnesses. Also, your friend should have a list of questions she would like to ask, such as: What, if any pretrial diversionary options do I have available? Will the attorney also handle the related DMV case, where her license may be suspended? Has the attorney ever handled this type of case before? And anything else that comes to her mind.

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