Kevin Feeney's Answers

My son is being falsely accused of selling drugs. Does he have any legal recourse after this.

First bit of advice is to concentrate ONLY on winning the criminal case. This should be your family and friends entire focus right now. Do not assume your son will win the case. Innocent people are convicted everyday. Nothing else matters right now except the felony charges facing your son. Second to charge your son the police need probable cause. This is a much lesser burden (easier to prove) than proof beyond a reasonable doubt, which is needed to convict him of criminal charges. A...

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My son took an used, uninsured car on joy ride n I did not press charges against him when asked. Did I make a mistake?

I suggest you speak with a lawyer. Any your son should speak to a different lawyer. The police can file traffic citations against you if they think you let your son drive without a license. Possession of the gun would be based on constructive possession. If it is your car, the police may make an issue out of it. The biggest question is what did your son say to the police. If he said the gun and paraphernalia was yours you got trouble. Get a lawyer for you and your son.

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Should I reject a breathalyzer test when stopped by a cop for underage drinking (Location: State College, PA)?

Underage drinking citations I suggest you do not take the portable breath test. I also suggest you remain silent and do not admit to drinking. Keep quiet and watch and listen to what the police say and do. I definitely suggest you make an appointment with a local state college criminal defense lawyer and see what the local police say and do. It cannot hurt. Not drinking underage is cheaper and safer and the best advise.

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Is there any way to have a dui removed from my driving record after 6 years?

If you had ARD and were not convicted they may not be allowed to use that as a reason to deny you employment under PA law. See 18 Pa CSA 9125. I'd meet with a lawyer.

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Can i call the attorney representing Pa. Dept of Transportation to ask about my ex-wife's appeal of license suspension.

Go to the Courthouse. The License appeal is a public record and ask to look at the file. License appeal is filed in the civil division, the Prothonotary Office. License appeals are usually scheduled after the criminal case, either by delays of the Court or continuances by the driver. The Criminal case, the DUI, would have the docket online and in the Clerk of Courts.

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Can I be arrested for recieving stolen property ?

Receiving stolen property can be charged if you knew it was stolen or if you should have know it was stolen. You clearly do not know, but you seem to be thinking it may be. What leads you to think it may be stolen. If it looks to the police that you should have know it was stolen (it has somebody else's name in it, if the price is so clearly below the true value or the condition of the property make it look like it was recently stolen) then you may be charged. If a guy offers to sell you an...

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License Plate Display violation

No points but that statute is for displaying a plate that does not belong to your car. By get a new one did you just put one on the car or did you get a replacement license? I'd plead not guilty and make sure the paperwork is correct. If you have a legal license plate you should win the case. I suggest you get a lawyer. And get a proper plate.

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I reported a stolen vehicle 4 weeks ago;I supplied original title and now they're returning it? what does this mean?

Call a lawyer who can speak to the police and insurance company and find out what is going on. Sometimes a letter from a lawyer works better than a phone call.

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Can my driver's license be suspended twice for the same dui?

There is a law that allows the license suspension to continue until all court costs are paid (it is part of the treatment plan). You may have a defense if they restored your license. I suggest you find out exactly how much the court says you owe. The attorneys fees to fight the suspension may be more than what you owe. You need a restoration requirements letter from PennDot and your driving record. Look at PennDot's website.

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Getting a dui while on probation

If it is Berks County and you are on probation then it is very likely you will be detained. You need a lawyer immediately to discuss your PV and the DUI.

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