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Alan Peyrouton

Alan Peyrouton’s Answers

17 total


  • Arrested for possession of CDS Heroin. What can I do to appease the courts for a chance to have the charge expunged.

    Never arrested or convicted. Awaiting court for possession of Heroin and a small amount of Cocaine. I am not a drug user, I have anxiety and took too much of my medication, which made my inhibitions low and allowed me do something I would never do...

    Alan’s Answer

    f you have no criminal convictions, then you obviously have more options than if you've had any. You raise many complicated and challenging legal and factual issues. If you cannot afford private counsel, you can apply for a court appointed attorney. Ultimately, you will need an attorney to help you navigate this process. Best of luck to you!

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  • IF A DEFENDANT WAS OFFERED A 10 W/ AN 85% BEFORE TRIAL DIDN'T ACCEPT IT CAN THE STATE DECIDE TO GO HIGHER?

    A DEFENDANT WAS OFFERED A 10 W/ AN 85% BEFORE TRIAL ENDED UP TAKING IT TO TRIAL AND RECEIVED 60YRS, APPEALED THE SENTENCE AND WON, NOW THE STATE IS OFFERING 30YRS, IS THIS LEGAL FOR THEM TO GO HIGHER THAN WHAT WAS ORIGINALLY OFFERED BEFORE TRIAL?

    Alan’s Answer

    I agree with all of my colleagues on this. They have all provided comprehensive answers and I have nothing to add.

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  • How do i write a I-601 waiver ? my mom petitioned me and my nvc interview was in chile

    no one ever toold us that i had to leave the country before 18 + 6 mo. Our lawyermade herself to be an immigration lawyer but it seems not since she never informed us about any of this. I came for my visa interview and found out that i had to stay...

    Alan’s Answer

    I agree with all of my colleagues. With all due respect, if your mother already has an attorney "who actually knows what he is doing", then why are you posting questions on Avvo? 601 waivers are not simple and quick applications. You need to understand the appropriate standard of hardship as well as the underlying factual and legal arguments that meet the legal standard.

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  • My friend sent a package with edibles in it (around $100 worth) using USPS, what could happen to the shipper and receiver?

    USPS didn't deliver the package, they left a note saying to pick it up at the PO. He signed the slip for it to be delivered and left it in his mailbox. What could happen to the shipper and receiver?

    Alan’s Answer

    The weight is relative for sentencing purposes. If receiver signed for it and accepted delivery, then receiver may face both state and federal charges. I'm not sure why this question was posted if no charges have been filed. In the event you are charged, you have a right against self-incrimination and should ask for an attorney in the event you are questioned. Don't gamble with your future, retain an attorney.

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  • Girlfriend got a violation on my interlock, we think it's from a failed rolling retest.

    I am 3 months into my 6 month interlock sentencing and have not had any issues with it thusfar. This morning I woke up to go to work, and it read that there had been a violation the day before. I didn't drive at all yesterday, but my girlfriend di...

    Alan’s Answer

    It is imperative that you retain an attorney to assist you in this matter. First of all, an attorney will help with your investigation of how the violation occurred. Secondly, if you have a viable defense, it's in your best interest to have an attorney make this presentation to the court. I agree with my colleagues on this.

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  • I recently got my 2nd dwi. Got ticketed for 39:4-50(g)(1),39:4-50.4a, 39:4-50. Also a small amt of cocaine. Likely outcome?

    I've completed a PTI a few years ago (2yrs?) My last dwi was 5 yrs ago. Charged with a 2c:35-10a and a 2c:36-2. Im very worried about the drug charges but have no prior with any drugs. Ive been arrested before but no convictions or felonies. What...

    Alan’s Answer

    I will attempt to address each question as you provided them:
    I've completed a PTI a few years ago (2yrs?) >>>> The fact that you completely PTI may adversely affect your application for the probationary programs offered in NJ regarding the CDS possession.
    My last dwi was 5 yrs ago.>>>> The fact that your first DUI conviction was five years ago means that you are not entitled to the 10 year "step-down" provision and your charge on the DUI, if convicted, will be considered a second offense for sentencing purposes
    Charged with a 2c:35-10a and a 2c:36-2. Im very worried about the drug charges but have no prior with any drugs.>>> You have reason to be worried about these charges because, if convicted, they carry both direct and collateral consequences. For these reasons all of my colleagues and I strongly encourage you to retain counsel.
    Ive been arrested before but no convictions or felonies.>>>> This is good news and will help in the event you are convicted on your current charges during sentencing.
    What is my likely outcome?>>>>The question, as far as I'm concerned, is impossible to answer at this point in time. Once you retain counsel, a demand for discovery (evidence) is made and that is the commencement of the analysis.
    Im shopping around for a lawyer but also need quotes or rates.>>>>This is a wise decision. In addition to the affordable quote you are shopping for, try to find an attorney you feel comfortable with. These cases take months, even a year, and it is important that you get along with your lawyer because you will be having much contact with him/her.
    This is a very serious inquiry.>>>>I'm happy you are taking this matter seriously; it deserves to be taken that way.

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  • Husband was bailed out on a bond.. Bail bonds man said he won't go back to jail on is next court date. Is this true.

    My husband was arrested yesterday on a warrant for "assault" back in 2012 he was playing tag with probation, they kept sending him back and fourth to Passaic county and Morris county. He stopped going to probation 2 years ago but he at least attem...

    Alan’s Answer

    He is facing a violation of probation (VOP). In my experience, judges take these violations very seriously because probation is a way of avoiding incarceration and if it is abused, the court is well within its rights to incarcerate anyone on a VOP. I cannot speak as to the legal advice that the bail bondsman provided. It's in you and your husband's best interest to seek legal representation.

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  • How do you get a arrest warrant lifted?

    The court clerk said if I pay $500 I could get the warrant lifted and make a new payment plan. The fine is victim restitution haven't been able to make payments since November the warrant was issued February

    Alan’s Answer

    Try to appear before the judge on your own and ask if the $500.00 to lift the warrant can be applied to the victim's restitution. Politely apologize and explain your economic hardship and you may succeed in persuading the judge to lift the warrant and apply that money to the debt that you owe. If this doesn't work, then you can pay the clerk or hire an attorney to intervene on your behalf. Good luck

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  • NJ out of state DUI

    I recently received a first time DUI out of state in WV. In WV a DUI is also considered a criminal offense. I will be entering a deferral program through that state of WV which will require a conditional guilty plea. Upon completing this program...

    Alan’s Answer

    Out of state DUI's need to be carefully scrutinized and extensive legal research must be performed so you fully understand the direct and collateral consequences as they relate to New Jersey. As my colleague correctly pointed out, WV and NJ are members of the Interstate Compact and reciprocity applies. You present various interesting legal questions which cover the effect of WV's criminal classification of a DUI as it relates to NJ; there's also the issue of your NJ nursing application; and lastly, you have expungement issues regarding the arrest in WV as opposed to the conviction which you wrote will be held in abeyance until you complete the program. Don't gamble with your future. Consult any one of the experienced attorneys that answered your question in this forum and have peace of mind that you're doing everything in your control to obtain the best possible outcome for your potential career as a nurse.

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  • Got caught shoplifting at Target, now what?

    I was caught shoplifting two tank tops adding up to a value of 19.99. They took me in the back, I was very cooperative, took my photo and a print of my license. There were no police involved and they said they weren't going to press any charges. T...

    Alan’s Answer

    In my experience, two things could happen. Either Target will ultimately send you the demand letter or they will wait until they have enough shoplifting cases to bring charges against all shoplifters at one time. For example, if during the month of March, Target had 30 shoplifters, they will consolidate those 30 charges and bring them at one time for what is called a probable cause hearing. At the hearing the "loss prevention" officer will explain to the municipal court judge all of the facts surrounding the alleged shoplifting. The judge will then determine if there exists probable cause to issue the complaint. As my colleague answered earlier, the statute of limitation on this disorderly person's offense is one year. So, to sum up, you'll either receive the demand letter or be issued a criminal complaint. Of course, there is one other situation...in the best of scenarios, nothing will happen!

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