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James Paul Madsen

James Madsen’s Answers

69 total


  • Do I need an attorney for a second dui?

    I was convicted of a dui/underage when I was 17. I had an underage at 19 and got ARD. Now at 25 I just got arrested for a dui that could possibly be in the highest tier.

    James’s Answer

    A second offense, highest tier, DUI subjects a defendant to a MANDATORY MINIMUM 90 days of incarceration in Pennsylvania. I would suggest that you certainly should retain an attorney to explore defenses or alternative sentencing in Northampton County.

    James Madsen, Esq.
    Spitale, Vargo, Madsen & Blair
    680 Wolf Avenue,
    Easton, Pennsylvania 18042
    Office: (610) 258-3757
    http://www.svmblaw.com

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  • Will I lose my driver license for marijuana possession in pa

    Possession of <30 grams & pipe

    James’s Answer

    Attorney Klein is correct. YOU DO FACE A LICENSE SUSPENSION if convicted of both possession of a small amount of marijuana and paraphernalia. There are a few ways around the license suspension but you should retain counsel to avoid a suspension.

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  • I told the police that i saw a kidnapping , but then i told them it was false after 1 day and a lot of searching for nothing

    I have no idea if i am going to jail,but i had charges put on me.I have the papers on me and i have previous charges from when i was under 18 years old. Is that going to play a part in me going to jail. the police had a helicopter out and multipl...

    James’s Answer

    I am familiar with your case and could identify you by name but won't, obviously. You should make no further posts online. You may consider contacting Avvo's administrators and asking that this post be taken down immediately.

    Contact a local attorney ASAP.

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  • Alcohol testing for custody issues?

    I've attempted to "google" how alcohol testing works in custody issues, but the results that come up aren't informative. My husband drinks 1-2 bottles of wine per night. He falls over and cries when drunk and has made embarrassing scenes at partie...

    James’s Answer

    Hopefully you get an answer from a local attorney. In the meantime, you can typically request testing at a custody conference (you a re responsible for paying for it). Many fully functional parents, without alcohol problems will test positive. But, in your case, given the background, it should be your first step in litigation to add weight to your claims.

    You may very well be able to reach an agreement with him that he attends AA and such. That could then be made part of a court order.

    What you are asking for and about is not out of the realm of possibilities. Find a local custody attorney.

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  • Can a township police officer give me a ticket outside of his township?

    I was cited for "driving vehicle at safe speed" and the officer had written that I was driving at a "speed greater than reasonable and prudent in excess of the posted speed limit." The location on the ticket is within the officer's jurisdiction, h...

    James’s Answer

    My guess, given that this occurred in the Bethlehem area is that it occurred in or around Pembrook as I have seen similar issues there before. You may have an issue here you may not. Contact a local attorney to review the specific fact pattern of your case.

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  • Can citizens of Pennsylvania drive around with a dash cam on their windshield legally?

    I was recently fined $90 for having a dash cam.

    James’s Answer

    Thats an interesting question. I would argue that it is perfectly legal. It is no different than a GoPro camera and bicyclists and motorcyclists drive around with them all the time.

    Exactly what subsection were you charged under?

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  • Do I pay?

    I live in Pennsylvania and I just got a civil claim for shoplifting at kmart I am extremely confused because I've heard that I don't have to pay it, and others told me that I do. The amount is $185.55 and what I took was $34.99. It was a stupid de...

    James’s Answer

    My general, non-specific, advice is not to pay these. If you do indeed pay, that can be viewed as an admission in any criminal case against you. It has been my experience that paying or not paying these demands has little to no impact on anything other than the retailer's income.

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  • Someone called dyfs and reported that they seen me smoking weed in my back yard. What are my rights?

    Someone called dyfs and said that i was smoking weed in my back yard now i have to take a drug test. What are my rights? if i fail the test will i loose my children?

    James’s Answer

    You cannot be forced to take the drug test by anyone other than a court. If you will, pass it may be in your best interest to take the test, if you will fail, it may be in your best interest not to. Even if you fail, they still have to prove some nexus between drug use and inability to parent. Technically if you're only using weed while the children are with a relative or otherwise looked after there should be no reason to adjudicate the children dependent if there are no other issues.

    You should contact an Philadelphia Juvenile Dependency Attorney on this. If this proceeds to court, you have a right to counsel if you cannot afford one, like a public defender, exercise that right.

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  • Racial slurs

    I got into a confrontation at my job with our neighbors over a dog. They always taunt our dog, but this time the dog ran out. The guy, hit the dog, as I ran outside and told him not to hit the dog, he said I will beat the s..t out of your n....r a...

    James’s Answer

    You're probably unlikely to recover damages in a civil suit over and above attorney fees. But, have you considered filling a private criminal complaint for harassment and/or disorderly conduct? You won't received any monetary compensation but you might get some satisfaction of sorts.

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  • Can I represent my son in court in PA?

    He is borderline retarded and it is for a PFA. I would also like to know if she can be arrested for taking advantage of him being he has a lot of mental problems. The PFA is alleging abuse physical abuse against his daughter because him and her w...

    James’s Answer

    No, you cannot represent your son in court unless you are an attorney. However, the court will likely want to hear from you as a witness based upon what you've stated here.

    You should retain counsel for your son and accompany him to the hearing. PFAs are very important matters, especially when custody is involved as well.

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