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Robert G. Wells
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Robert Wells’s Answers

91 total


  • Recently I was arrested for a DUI but was never read my rights. Is this normal?

    When arrestted for a DUI are they entitled to read you your right? If they do not can they use any of your comments as evidence once in custody? Would the blood tests they take be admissible even though they never offered me a lawyer before taking...

    Robert’s Answer

    As to being read your rights, people misunderstand. Failure to read a person their rights is not an automatic dismissal of the case. It simply means, if proven, that any statements you made may not be used against you at trial. There are evidentiary exceptions, such as presence sense impression, excited utterance and spontaneous unsolicited remarks which the police are not required to ignore. This needs legal analysis by a competent DUI defense attorney.

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  • I would like to know what these charges mean. 1) Poss sale cntl sub st 2) Pss cntl sub 3) Spec alleg-fel bail

    This is other charges 4) Gt real property 5) Receive stolen prop

    Robert’s Answer

    I expect there is more than an academic interest in these specific charges on your part. If you are charged, get direct advice from a qualified, experienced California criminal defense lawyer. That is where not only legal definitions, but their application to your specific facts will lie. Stop asking lawyers who are strangers to your case to provide you with advice remotely with incomplete information. Get to a lawyer and good luck.

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  • For a grand larceny case in the 3rd degree involving obtaining money from worthless checks, can making payments help?

    Before police issued a warrant for arrest for larceny in the 3rd degree and before an affidavit and letter of protest was made from the bank, payments was already being made, there was no written promissory agreement but cash was deposited back in...

    Robert’s Answer

    Restitution is an important step in negotiations and also in the sentencing phase (if any). It should be made through counsel's assistance. This felony is serious. If convicted, if can follow you the rest of your life. Consult with an attorney NOW. Get the lawyer to handle this before you cause irreparable damage here. Good luck. Quit wasting time and get an experienced defense lawyer.

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  • Should I testify at my husband's trial? We are both immigrants entered illegally.

    He is charged for a federal crime his lawyer wants me to be a witness to say he is a good person. immigration also wants him. Am I going to be found by immigration if I do this? I dont want a chance of deportation

    Robert’s Answer

    You have not said what the charge is. You have not said whether you are both charged. What is it you could testify to that would aid your husband? Jurors are very skeptical of friend, family and especially spouses who attempt to clear them on the stand. DO NOT EVER,EVER LIE, not even at the request of a spouse. You may be strognly questioned as to your motives on cross-examination, and possibly that cross may get into your status as illegally (sneaking) entering the U.S.
    Go see a lawyer, and tell her what I have asked about here. DO NOT POST FURTHER ON THIS SITE. IT IS NOT SECURE.

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  • What is the SOL for AZ 13-1204 violation?

    I didnt go to a full trial until Oct 17 2013. I wasnt given any witness list nor evidence to be used against me. I also sent in a motion to dismiss the month prior to trial. At trial I asked about it but it was as if the judge saw it for the firs...

    Robert’s Answer

    Courts keep records and dockets that are designed to prevent cliams, such as back dating. This sounds as if you represented yourself. That's why you end up with the very problems you describe. As to Statutes of Limitations, there are many factors that affect the SOL. There are questions about when the statute began to run. Were there any facts that tolled or extended the running of the statute. Be sure to FINALLY retain a lawyer to examine this, and your whole proceeding, as you say there was a trial. An appeal may be warranted. But DO NOT sit on your rights as time is running against you. Good luck.

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  • I was denied medical care, my phone call, and was held for 8 hours just to be processed. Were my rights violated?

    It took the county 8 hours to process me, I was never told what my bail was and when I can pay it until after I found out someone was bailing me out, when I never even made a phone call. The county told a persin that came to inquiry about me that ...

    Robert’s Answer

    I would like to say that this situation is unusual, but they are not. Even if your rights were violated, I expect a lawsuit would not be worthwhile or successful. Be sure to sit down with an experienced civil rights attorney to find out what your rights actually are.

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  • My son was charged with posession for less than 1/2 oz and drug pipe, now he is FTA what do we do?

    He has never been in trouble he just made a very bad decision. Going through custody battle and his wife and him are not legally separated but she has a fiance. he is also around his daughter.

    Robert’s Answer

    The rights involved in your question are some important that you MUST get competent representation, and only from a lawyer who has strong and extensive experience with these issues. I urge you to act quickly. Good luck!

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  • Were his civil rights violated by a judge?

    My fiance went into court to be sentenced. He wore a T-shirt that spoke his mind but did not say something so great. He did ask his lawyer before hand if he could wear it into court and his lawyer said yes that it was his right. When in court the ...

    Robert’s Answer

    I would ask a different question of his lawyer.
    Did the Judge sentence him more harshly for wearing the shirt? If so, that should be separately addressed for the benefit of your finance. An analysis of the transcripts of the appearances should be made.
    And, no, you can't sue Judges. In an appropriate case of mistreatment by the judiciary, a complaint can be made to the Sterns Commission, but probably not a great idea.

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  • Can I sue a man who tricked me into sending him electronics, clothing, food, money, and has embezzled internationally?

    This has been going on for about four years and the amount of money lost has caused me and my children to become destitute and caused much mental pain. He has done this to about two or more other women and we all wish to pursue legal action agains...

    Robert’s Answer

    Retain an experienced attorney to see if there is a prosecution against this person and if you could recover anything under the Victim Restitution Act.

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