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Ronald John McGaw

Ronald McGaw’s Answers

65 total


  • On what grounds can one be convicted of a burglary?

    Are multiple witnesses and strong motive enough? What is the most definite basis of conviction? Does prior criminal record (though from over 10 years ago) play a role in this? What about something like probation and mandatory anger management clas...

    Ronald’s Answer

    To prove a charge of burglary, the prosecutor must establish beyond a reasonable doubt that the defendant entered the building with an intent to commit a crime therein. The entering part may be proved by witnesses who saw the defendant in the building. Proving that the defendant had an intent to commit a crime therein may be more difficult, but is usually proved by the fact that the defendant possessed a stolen item from the premises. (This is a very general answer, of course, and everything depends on the specific facts of your case.)

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  • I am a landlord having issues with tenant over return of security deposit and damages I found after they moved out.

    It seems like what was a great relationship with my tenants went foul after they purchased a new house and moved out. It seems like I may have to defend myself in court. Our agreement over the last few years was between us and them pers...

    Ronald’s Answer

    I'm not sure what form their corporate status takes, but I think it is highly unlikely that you can "force" them to hire an attorney. Perhaps the best approach would be to hire the best attorney you can, thus putting them in the position of feeling they must do the same.

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  • What are the options for a person who is released on their own recognizance but cannot appear in court?

    He is in jail for a parole violation because of the current charge and will either receive 90 days in rehab or in prison in another jurisdiction that won't transport him to court.

    Ronald’s Answer

    If he can't be in one court because another jurisdiction has him locked up, then that won't ultimately be held against him. The best option, however, is to have his attorney appear for him and explain the circumstances to the Court. If necessary, the Court can order that he be produced.

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  • I was at the mall with my girlfriend and i will admit that we were stealing a few items, we were appoached by security and my

    friend who had the stolen items managed to run away. I also ran but was caught, i did not have anything on me and wanted to know what i will be facing once i go to trail, i told the security that i did not know my friend....I'm 22 years old and t...

    Ronald’s Answer

    As a first offense, you may be able to get off without a conviction. But you need a good lawyer, and you need to stop talking on the internet or to anyone except your lawyer about what happened.

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  • District attorney wants a "Waiver of Good Time" in prison signed upon sentencing. What does this mean ?

    I've heard that it doesnt really mean anything and some people have said it does. I would like a clear answer. Sentence is 18 months on a Violent felony. How much good time would be waived ?

    Ronald’s Answer

    "Good time" is the name they give to the fact that prisoners generally serve only 6/7 of their sentence. So on a sentence of 18 months, you would normally serve about 15.5 months. I've never had a DA ask to waive "good time." And as someone else mentioned, the Dept. of Corrections may not even honor a waiver of same. Nevertheless, if you agree to it at sentencing, I would have to assume that you will in fact be waiving it.

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  • Can i get denied for citicenship when the court dismissed a controlled suptance charge

    last year in november i was arestet for a dwi and when they searched me they found in my pack of cigarettes alittle wrap of cocaine,it was a pack i picked up in the bar thinking it was mine.but anyway the cop said it was so small not even enaugh f...

    Ronald’s Answer

    Although this is related to DWI, it really is an immigration question. You should consult with an Immigration Attorney. Good luck.

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  • If there was no evidence of maryjuana use no odor nothing found in truck or on person how can you be charged with a dui with

    only a urine test

    Ronald’s Answer

    If the urine test showed that you were above the legal limit, or that you had a drug in your system, then you could be prosecuted just on that. Same with a breathylizer test. That's why they do those tests.

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  • I want to evict a tenant for non payment; will my illegal basement be an issue?

    I want to evict tenant on the 2nd floor that is not paying rent. I do have a tenant in my basement

    Ronald’s Answer

    Look, anyone can call the building department or board of health to complain about an illegal situation. So the reality is, if one of your tenant's gets mad at you, they could retaliate against you by reporting a violation. That does NOT, however, serve as a defense to the eviction process against them.

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  • I need to know if this is considered violating a court order?

    I, the mother, have joint custody with the father over our 2 children. Our children reside with the father. It is court ordered that I have visitation with our children for every summer and share holidays. It is also court ordered that I have reas...

    Ronald’s Answer

    What you describe may well constitute the father's violation of the existing order. Generally, Court want to have smooth uninhibited contact between a parent and children, unless there is some good reason not to allow that. At the very least, you should be able to get specific dates and times for contact with your children so as to avoid the father cutting you off. There are, of course, lots of elements what will come into play, but I think you would stand a good chance of improving your situation.

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  • Can you still be charge if you take your girlfriends phone from them but you return shortly after she reports

    Hi me and my girlfriend got into a argument and I snatch her phone to look through it. She then left her home and didn take her phone. I happen to leave with her phone, i gave her the phone back!but by then she already call the police and reporte...

    Ronald’s Answer

    You definately could be charged with Robbery, but you also definately could work out a much better deal if you have a good lawyer. Call a lawyer right away.

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