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John J. Carney
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John Carney’s Answers

977 total


  • I need a DUI lawyer for a first time offender in Carbondale, Il What should I expect

    I also got a speeding ticket and a DUI ticket and a breathalizer ticket

    John’s Answer

    You should retain the best lawyer you can afford since any criminal conviction can effect your reputation, freedom, and your future. Use Avvo to find a great lawyer in your area and get a few free consultations. Always ask for a flat rate to compare fees and know how much you will have to pay.

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  • Do all public defenders suck?

    Do all public defenders suck?

    John’s Answer

    Most public defenders are experienced and qualified lawyers who are able to handle most of the simple cases negotiate a plea. They will get you whatever the standard plea is for no charge and they will do it in an honest and reasonable way. They will not coddle you, answer the phone, return calls from your friends and relatives, spend endless hours listening to you, visit you in jail when they can just as easily talk to you the next time in jail and make you false promises since there is no money or competition to get your business. Thhey are in the enviable position to say, m"Well if you do not like the plea you can go to trial or retain a private lawyer'. They do not have to worry if you want to use another lawyer or if you are happy. They do not have to worry about bad reviews or relatives that can drive a lawyer crazy with demands and phone calls. They do not have the pressure to perform because they were not paid thousands of dollars to represent you. They handle 20 cases a day instead of one or two. They are overworked and underpaid. They are treated poorly and disrespected. Many of them are not as able to try a case and lack the courtroom dramatics since a trial is like doing a play and they are not the best writers and directors. If you want a trial you should retain a top criminal lawyer who will spend hundreds of hours interviewing witnesses, writing summations and oral arguments, drafting motions, crafting cross-examinations of witnesses, preparing the defendant and his witnesses for their testimony and who is paid $300 or more an hour for every hour he prepares for that trial. A public defender gets $65,000 a year no matter how many cases he handles. He usually does not have the time to plan and prepare a trial and often does not possess the talent to win a close one. Facts win most cases but lawyers win the tough ones that could go either way. If you are obviously guilty and the trial is a forgone conclusion it will not matter much, but in a close one a great lawyer who has the ability to persuade and convince jurors and make witnesses look like they are lying, to make black look white, to instill doubt and confusion, a great lawyer can win since all he has to do is create a reasonable doubt. That is not easy and it is not cheap. It takes a 30 year veteran lawyer who is very smart and who is extremely good with his language, people, and persuasion skills and that is very unlikely top be a public defender. If you are broke it will not matter since you must take what you get. If you have the money and your freedom and reputation, your very future is at stake and you should find the top lawyers out of the thousand in your city and get a free consultation and fee quote. Get a flat rate if possible. Sometimes public defenders advise people to plead guilty to the first offer made and that may not be the best possible disposition. They cannot ask the prosecutor and their supervisors for a better deal twenty times a day. A private lawyer may be able to persuade a prosecutor to give his client a better plea or dismiss the case. The prosecutor may not want to risk losing the trial to a great lawyer and may offer a better plea to avoid that possibility. Either way every lawyer here wondered why you asked the question in such a disrespectful way. The question is better phrased by asking, 'Should I spend the money on a top criminal lawyer or do public defenders get the same results?" Using that language makes you look bad, so try to think about what you say and how it will be interpreted by others and reflect on you if you want to be effective, successful, and respected by others. There are good public defenders and lazy ones. There are very few who are inept since they are in court every day and know the judges and prosecutors very well, but if they are not veteran lawyers with at least 10 years of experience you may want to get a different one. They are unlikely to be the best lawyer in town but they do not 'suck'.

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  • I filed a false police report, coming clean a few days later. Charged with misdemeanor, given ticket to appear - jail time??

    I hit a parked car, couldn't move my car and ended up leaving scene. The next morning I filed a stolen vehicle report. This was not for insurance, my car has no value and I didn't have any coverage like that. Few days later, I came clean with d...

    John’s Answer

    For some reason people talk to the police and give statement, often confessing to serious crimes even though they had a right to remain silent. That usually indicates that the person is unaware of his rights and maybe that he is unsophisticated and has been taught to trust the police. They often do not call a lawyer for advice for the same reason that they do not make a doctor's appointment...they do not want to spend the time and money to get an expert's advice. If they have committed a crime they feel that it is better to talk their way out of it than to turn it over to a lawyer and that too is a mistake. A lawyer will protect you buy cannot help you to commit a crime or help cover up a crime or hide evidence, but he will advise you to remain silent and whether to turn yourself in or just wait to see what happens. If you have no prior record there is almost no chance that you will go to jail but that depends on the size of the city and you are in a small town and it is more likely in a small town than a big city. You should retain a good criminal lawyer to handle the matter and learn from this mistake. Follow the law, consider the consequences of your actions, and get expert advice for all of your serious problems. It is never a good idea to break the law, lie, or confess and a lawyer will talk to you on the phone for free.

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  • My relative is charged 140.30 FB (BURGLARY-1ST B Felony) NEED a Staten island Lawyer

    I need the best staten island lawyer who knows what he is doing. His court day is in the end of this month. What I know is he got charged with burglary 1st b felony. He was already in rikers island since September and he got picked out from a line...

    John’s Answer

    Use the Find a Lawyer function here on Avvo to locate a 10.0 'superb" rated lawyer. He does not have to be from Staten Island as we all practice in most or all of the Burroughs and you do not need a lawyer who lives or has an office there to handle such a case, you need a great criminal lawyer whose fee is reasonable (always ask for a flat rate) and who has the experience and relationships to get the best possible disposition.

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  • What kind of money is this worth for someone who ias bugging my house knocking me unconcsiois stole all my money

    from id theft scams hacking my compuyters telling ppl im poor. swtealing mon etary information, trapping m in my house, following med off a computer damaging my property making circu;lations of me, getting names of rich fam ilires to marry them by...

    John’s Answer

    You should have someone post your question more specifically since your English is not good enough to understand you fully. If you can prove such things you may have them arrested and sue them, but if not you will not be successful in getting monetary damages. Talk to a lawyer and a psychiatrist about this matter, one of them may be able to help you.

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  • Can a district attorney refuse a pretrial conference because the defendant is representing himself?

    It is a matter of reducing a traffic ticket from a misdemeanor to a violation. at the first appearance I requested the pretrial conference. I was given a return date, was called forward expecting a side bar however the DA insisted I go before the ...

    John’s Answer

    Get a lawyer from the Avvo list to handle the matter so that you avoid a criminal conviction, fines, and get the best possible disposition.

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  • Do you know any case that a lawyer lost against pro se? What does it take to prepare and try by pro se?

    There are cases that I got to do myself, but luck may happen, you never know!? I cannot compare myself even close to attorney. I am not doing what I am, and do not have money to pay. So if I loose, even if proves on my side ,but not a la...

    John’s Answer

    You should not act pro se, especially if you are not proficient in English, the law, or court procedures.

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  • Does a lawyer has to be responsible from A to Z, or from C to F?

    For example: lawyer got interested. Then he does not wait, as said,does not call as said, and does not read files as I sent him! Then he reads, got interested and changes his mind without calling me!??

    John’s Answer

    The lawyer is not interested in your case. That does not make him irresponsible and he has no obligation to take your case. Call another lawyer from the Avvo list.

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  • Charger missing from my e-cigarette kit. Store refuses to exchange. What do I do?

    I went to this convenience store by my house and bought this expensive re-chargeable electronic cigarette kit. When I got back to my place I opened the box and noticed it was missing the charger. So I headed back down to the store and told the g...

    John’s Answer

    You must learn to control your temper and emotions. If you swear at a business owner he will call the police and you will be arrested. He may lie to exaggerate what you said or did. You have to be calm, intelligent, and sophisticated when dealing with people or you will get assaulted, arrested, or become so angry that you will assault them.

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  • Can a restaurant add 20% in tip on your bill?

    At the end of my hotel stay in NYC, I was surprised the posts on my bill called "restaurant" were higher than I expected, so I asked for itimized hotel bills which showed that I had been automatically billed 20% on top of my restaurant bills after...

    John’s Answer

    You will find that most cruise lines and hotels now force you to tip and will always advise you in some way of this policy. That is why you have to ask and read everything before you sign it. Never tip anyone without asking if the tip has already been added.

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