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Kevin Keith McKain

Kevin McKain’s Answers

102 total


  • Are Domestic Violence cases commonly thrown out?

    My friend was arrested by the police after his ex wife claimed he had thrown an object at her. She called the police, wrote a statement, and he was arrested. She had no signs of injuries and only a statement alleging he had thrown an ob...

    Kevin’s Answer

    The short answer is: no. But cases do get thrown own when the prosecutor believes the evidence is too weak to justify prosecution, or there was an illegal arrest which would likely spell dismissal later down the road. It's possible that either the prosecutor or the police will re-file charges.

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  • Last May my sons "baby mama" and her parents assaulted my husband and I in our home. Somehow all the charges were dropped.

    We have never been able to find out why. Cottonwood heights wouldn't even let us see the police report. We suspect the purpetrator knows someone in law enforcement or community who did him a favor. I need to know what happened and possibly sue them.

    Kevin’s Answer

    It would be naïve to say it doesn't happen. But it would equally naïve to tell you it was likely you will ever know who and why it happened. You could try making a call to the prosecutor and see if he or she will let you in on what happened.

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  • Am I deportable? Can I travel outside US? Will one petit theft misd. adjudication withheld make me inadmissable?

    I have had a Permanent Resident card since I was 5 years old. I am 21 & I've lived in the US since I was 5. Never got in trouble until I was 18 I was accused of petit theft, I pled not guilty, successfully completed pretrial diversion, the case ...

    Kevin’s Answer

    You should speak with an immigration attorney immediately. Any criminal conviction could have possible consequences.

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  • Multiple felony forgery charges and theft by taking charges

    I was charged with multiple counts of forgery in 2011, found guilty in arraignment and now awaiting trial. Since then, I was arrested for misdemeanor theft by taking, felony theft by taking and misdemeanor computer theft a few months ago. I did no...

    Kevin’s Answer

    I would need more information to determine strengths of any defenses and People's case against you.

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  • What motions should be filed to defend a person who is indicted on a federal drug conspiracy charge?

    the person who cooperated with the government got caught in a hotel with over 200,000 dollars which was to get several kilos of cocaine and claimed he was there for the other person and they had him call the third party on the phone which the conv...

    Kevin’s Answer

    An omnibus motion should be filed. At minimum, that should include a motion to suppress evidence and any statements made by defendant.

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  • My son got a dui in Shelton ,WA he is a Iraq veteran he has a 10 month old son and is currently homeless. he tested was .009

    this is his first dui and was just a little over the legal limit. he did not inform the arresting officer that he had taken a sip of mouth wash when he left the bar.

    Kevin’s Answer

    What is question. But for what it's worth, there is a good chance charge will be reduced.

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  • Under disposition it says fdrl no other date, like for sentencing. what does this mean?

    this is in riverside,ca

    Kevin’s Answer

    It means he has a federal hold.

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  • My boyfriend got a life sentence after being charged with aggravated battery with a deadly weapon . Is this even possible ?

    Current Prison Sentence History: Offense Date Offense Sentence Date County Case No. Prison Sentence Length 09/02/2009 FLEE LEO/NO REGARD 07/07/2011 COLLIER 0902178 7Y 0M 0D 09/02/2009 DRIV W/LIC S/R/C/D FELONY 07/07/2011 COLLIER 0902178 5Y 0M 0...

    Kevin’s Answer

    Yes. He was likely sentenced as a persistent felony offender.

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  • I've been in pretrial services for 2 months and have passed every drug test they have given me so far.

    They don't test me at every visit but I let myself think they will just in case. Well I slipped up yesterday & have to see him tomorrow. Knowing that the test will be positive, will I be arrested there & go straight to jail?

    Kevin’s Answer

    You'll probably just get an appearance ticket to go to court. It will be up to the judge whether you go to jail.

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  • I am a felon can I live on property with my father who has guns in a gun safe

    Am moving to Nevada I care take my father who owns guns & stores them in a gun safe want to embe sure I can be on the property with th

    Kevin’s Answer

    You can't possess guns. You probably aren't violating prohibition on possessing firearms, but it's a risk if they're in your house.

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