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Dan Lyons
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Dan Lyons’s Answers

8 total

  • I have a warrant for failure to appear

    My warrant is out of the court of common pleas in wilmington, de for unauthorized use of a motor vehicle and wanted to know if i would be released the same day and given a new court date or if they would hold me until my new court date.

    Dan’s Answer

    Turn yourself in. If you don't have any outstanding warrants you will be released immediatelyThat is, unless you have already failed to appear on many other occasions.

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  • My husband got arrested for violation of probation on level 3. What will happen?

    .

    Dan’s Answer

    It depends on how serious the violation was. Best way to get a handle on what will happen is to ask the probation officer how serious he/she thinks the violation is and most importantly what the recommendation to the judge will be as to whether to continue your husband on probation. The officer may have already told your husband what the recommendation will be. Another important consideration is whether there have been previous violations of probation.

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  • What will happen to me if I'm a passenger in a car and the driver gets arrested for drug possession?

    I was riding in a car with my friend and he got pulled over for going into a one way bank to try and turn around. The officer smelled weed and took our information. He searched me and found nothing and he found under an ounce of weed in the car wh...

    Dan’s Answer

    Based on what you told me, they have absolutely no case against you. The reason you have been told to go to court is that you have been subpoenaed to testify as a witness against your friend. This does not mean you are being charged with anything. You're only a witness. You should not go by yourself, however have your parents go with you.

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  • Should I take the lie detector test?

    I was recently accused of a sexual crime involving a minor she said I did it and that's the only evidence present her word I was told by the detective she said I was 16 when it happened (I am currently 21) I was questioned by a detective who said ...

    Dan’s Answer

    Answer is NO. Lie detector tests are inadmissible in court but if you were going to take the test I would want to written agreement that it is inadmissible. What he is hoping is that if you take the test and make certain statements in connection with the test those statements will be admissible without the lie detector results. Any statement you make could turn a bad case of the police into a good case for them. Why would you want to do this?

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  • My boyfriend was violated for the same charge that got him locked up ? His probation officer said he was going to ask for bail

    Will the judge approve the request

    Dan’s Answer

    Almost 100% yes judge will go along.

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  • I'm involved in a criminal case , l asked my lawyer for a copy of my file and he refused to give it to me why would he do that

    it's a dui case involving legally prescribed medication, had a minor accident due to inattentiveness and hit my head on the steering wheel causing some confusion, was never asked if l ingested the medication, was not arrested, had no idea that ...

    Dan’s Answer

    If you owe the attorney money he MAY be able to hold the file until he is paid. This is called a charging lien. Other than that I cannot think of a reason he is refusing to turn over at least a copy of the file. Get him to tell you why he is witholding the file. Why is it important to get a copy of the file? To stay informed? Which is a very good reason. For example--are you changing lawyers? Is there an pending case and time is of the essence to secure another lawyer?
    Bottom line go sit down with him and work this out. Communication usually solves problems,.
    Good luck.

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  • I have a felony charge of Theft of US property in 1998 in PA, can the felony be expunged. I am a licensed RN in DE, looking for

    I was sentenced to 48 months of probation. the probation was completed in July 2002

    Dan’s Answer

    Unfortunately, the answer is no because it appears that the charge you were convicted of was a federal charge. This is true in Pennsylvania and Delaware.

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  • Ive been arrested and released on bail for a misdemeanor charge of criminal michief. Is my concealed ccw permit still valid?

    Im currently out on unsecured bail for a criminal michief charge. In all likleyhood i hope this charge is dropped since i was basically at the wrong bar at the wrong time when other people were doing something, long story... in any case i feel lik...

    Dan’s Answer

    As long as the crime of criminal mischief did not involve physical injury to another person you should have no problems. In addition, that charge is simply pending against you and you have not been convicted of anything at the present time. Bottom line – – no problem.

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