John Louis Machado’s Answers

John Louis Machado

Washington Criminal Defense Attorney.

Contributor Level 9
  1. If a man takes a plea agreement can he still appeal?

    Answered over 1 year ago.

    1. James Donald Garrett
    2. John Louis Machado
    3. John Weber III
    3 lawyer answers

    The law provides very limited appeals for people who plead guilty or no contest. If the plea agreement was written, the agreement probably included a specific section explaining that he was waiving (giving up) his right to the appeal. Thinking that a sentence is too harsh is not one of them. In fact, depending on the judge, there most likely told him of his right to waiving an appeal as well as his inability to appeal the sentence if he did not like what it was. You mention that he took the...

    5 lawyers agreed with this answer

  2. How hard is to Expunge your criminal record yourself?

    Answered almost 2 years ago.

    1. John Louis Machado
    2. John-Paul Patrick Gilson
    3. John S. Castro
    3 lawyer answers

    The process of filing a petition for expungement is available for the Virginia Courts online. Check the Virginia Courts website here: www.courts.state.va.us/forms/ Just look around and type in "expungement" in the search area and it should lead you to forms so that you can do it yourself. It also gives instructions on filling out the form online. Of course, not doing it with an attorney could cause you to do things incorrectly, to your detriment, so hiring an attorney is probably the way to...

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  3. Hello, my husband have a walk in bench warrant back in 2003, he never appeared and went back to his home country what can he do?

    Answered 5 months ago.

    1. John Louis Machado
    2. Michael Paul Bruckheim
    3. Ashkan Yekrangi
    4. William Lawrence Welch III
    5. William W Housley
    5 lawyer answers

    It might be worth your while to check to see if the bench warrant has been quashed and/or the case has been dismissed. Cases in Washington DC are often purged. If this is a 2003 case, it may have happened, particularly if it is a small offense.

    3 lawyers agreed with this answer

  4. What are steps that i should take to help my dad is is currently being wrongfully incarcerated for a crime he did not commit ?

    Answered 11 months ago.

    1. John Louis Machado
    2. Jason W Cleckner Esq.
    3. William A. Jones Jr.
    3 lawyer answers

    In the District of Columbia, a Motion for a New Trial is usually the way to go in situations like this. While motions for new trials are usually time limited, there are exceptions when there are extenuating circumstances, such as newly discovered evidence. Your starting point would probably be in contact with the attorney who represented your father in trial, since they can give you insight on what was known or not known at the time of trial. They may also have a suggestions for attorneys...

    3 lawyers agreed with this answer

  5. I signed a fee agreement that I thought covered appeal level work, but apparently now I'm being told it doesn't.

    Answered 11 months ago.

    1. John Louis Machado
    2. Leizer Z Goldsmith
    3. Rixon Charles Rafter III
    3 lawyer answers

    You need to read your fee agreement. Generally, a fee agreement would cover going through it "the first time", and not lend itself to doing everything over again. A petition for rehearing by the appellate court (usually requesting a rehearing "en banc") requires to have a good reason to be heard again (usually because of some mistake made, inconsistent decision, or some other reason). They are not usually granted. If you believe that you have a dispute with regard to fee agreements and can'...

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  6. Should I pre-disclose my dismissed misdemeanor charge prior to a background check?

    Answered 5 months ago.

    1. John Louis Machado
    2. Greg Lavender
    3. Valarie A McNeice
    3 lawyer answers

    Clearly you want to be honest and truthfully answer all questions. And as the other attorneys have said, you don't want to necessarily disclose it if not asked. However, there are several different diversion programs in Washington, DC. Some of them require some admission on your level, but many of them do not. What I would suggest you do is that you obtain the documents in your case, including the diversion agreement, so you can be prepared to respond to it and justify anything should it...

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  7. Arrested for a misdemeanor in Washington D.C. Released on a diversion program.

    Answered over 1 year ago.

    1. James Donald Garrett
    2. John Louis Machado
    2 lawyer answers

    I practice regularly in Washington, DC and understand your situation very well. In order to qualify for the diversion program (from my experience, a deferred sentencing or deferred prosecution agreement), you need to have negative drug tests. It appears that you do not and therefore a trial date was set. You were most likely given release conditions to report once a week. With regard to failing to appear for drug tests, either one of two things will happen: (1) the court will issue an order...

    2 lawyers agreed with this answer

  8. Will they police arrest me and my house or call me?

    Answered almost 2 years ago.

    1. John Louis Machado
    2. Christopher D. Robison
    2 lawyer answers

    It's hard to say. It depends on how that particular law enforcement agency or officer handles things. If you do know there is a warrant out for your arrest,, you could probably be proactive about it and contact them to make arrangements to turn yourself in. Doing so will increase your likelihood of remaining on your own recognizance and not to mention avoiding any embarrassment by being arrested at home or at work. It might also be worth your while to get in contact with an attorney in...

    2 lawyers agreed with this answer

  9. How can I stop ICE from deporting my boyfriend?

    Answered almost 2 years ago.

    1. John Louis Machado
    2. Robert Dean
    2 lawyer answers

    Besides having a criminal defense attorney, you should also talk to an immigration attorney, or at the very least you should have a criminal defense attorney who is VERY familiar with criminal consequences. Certain crimes are deportable offenses, while others are not. More importantly, there are ways a case may be resolved which avoid a "conviction", which will prevent collateral consequences from the criminal case. I put conviction in quotes because what immigration considers a conviction...

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  10. Can the government take your car from you if u did not consent to a search of your car?

    Answered over 5 years ago.

    1. John Louis Machado
    1 lawyer answer

    They can seize your car as evidence, but once the case is over, they have to return it to you. Check with the local precinct and ask them what is necessary in order to get your car back. There is a process called civil forfeirture where the government seizes your car and attempt to keep it as proceeds of the crime. However, they need to let you know about it and you should be given official legal paperwork letting you know that they are doing it and what you need to do to fight it (because...

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