John Louis Machado's Answers

How can a juvenile admit and deny charges?

A case will normally be resolved one of two ways: (1) a trial, where the government will have to prove the charges beyond a reasonable doubt; or (2) a plea, where the accused admits to the charge or charges. If it is in the client's best interest to plead guilty, something that is available is a concept called plea bargaining. In a plea bargain, the client pleads guilty in exchange for some favorable treatment by the government (certain charges being dismissed, the government not asking for...

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How much time can someone get with a felony 2 assault with a dangerous weapon with a lengthy criminal record?

An assault with a dangerous weapon carries a maximum of 10 years incarceration. The fact that they have a criminal record does not affect the maximum that they can receive. However, it will increase the likelihood that they will receive a greater sentence and incarceration. The District of Columbia uses sentencing guidelines, so there is an expected range that will let you know more precisely what is the sentence the defendant is most likely to receive. Also, as a victim, you will have a...

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If I plead guilty to a charge,can the case be applealed after a judgement has been made?

I assume you just want the answer to the question. The short answer is no. In every plea in DC, the judges go through many questions with you before the judge will accept your plea. One of those questions was whether you understood that by pleading guilty you are giving up your right to an appeal. You almost certainly signed a document which said the exact same thing. The only thing you do not give up is the right to appeal if you were given an illegal sentence (one that is more than the...

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What kind of fines/ jail time would a person get for destruction of personal property?

It depends on how the prosecutor charges it. If they charge her with malicious desstruction of property as a misdemeanor, the maximum she will face is 180 days and/or $1000 fine (and most likely some level of restitution for the damage she caused). If it is charged as a felony, the maximum is 10 years and/or $5,000 fine (also with restitution). Whether it is charged as a felony or misdemeanor is at the discretion of the U.S. Attorneys office, which considers the value of the property itself....

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

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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I missed my court date how do i request another one in dc distict court...

When you turn yourself in, you greatly improve your chances of walking out the same door you came in (although not guaranteed). You also have the ability to have control of what stuff you can support with documentation when you do that rather than coming in after being picked up with a warrant. When you turn yourself in, bring documents proving your circumstances (school schedule, work pay stub). Also, let your friends or family know what you are doing so that 1) be available to verify some...

What is the best way to get the courts to pay for an investigator for an indigent defendant?

Indigent defendants are appointed attorneys under the Criminal Justice Act (CJA). An attorney is also allowed to hire a certified inveistigator under the CJA. It is not a complicated process for the attorney, but the attorney must make the request of the court to hire the investigator. If this is seeking some sort of relief under some post-conviction relief, it is still available, but some additional steps may be required of the attorney. If you have an appellate attorney under the CJA (...

First time shoplifting offense, no previous record

You probably don't need to panic. If this is the first time that you have committed a criminal offense, the District of Columbia has special programs for first time offenders such as shoplifters, where you can get your case dismissed provided you do not commit another offense during a set time (usually 6 months), and you complete a certain number of community service hours (usually 40 hours) in that time. You would have to come to court at the end of the six months, and the government...

A subpoena

Yes you have to go. Hand service in DC requires you to show up or risk being help in contempt of court. The signature is not required, but it is a way that they show the court that you did actually receive it. I recommend you get in contact with the prosecutor who gave you the subpoena and work things out.

My boyfriend has 11 criminal cases, 9 mis and 7 civil cases. adjudicated guilty on 4. Why does he have a immigration hold?

Some people get an immigration hold based upon only one conviction. Chances are that there is sufficient reason to have an immigration hold on him based on his prior convictions. Get an immigration attorney to deal with it as soon as possible. Let's just say that he appears to have been lucky that this has not happened sooner. Good luck.