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John Louis Machado

John Machado’s Answers

60 total


  • Do I need to obtain legal counsel for traffic violation in VA

    Was given a ticket stating I was driving 85 mph in a 60 mph zone in VA but according to my speedometer I was driving between 60-65 mph and there was a black SUV that was ahead of me when passing the police vehicle

    John’s Answer

    Mr. Rist's answer is correct: you should have an attorney when facing a charge like this in Virginia. The other benefit in doing so is that it provides an intermediary between you and the prosecutor who can help negotiate on your behalf and lets you avoid having to deal directly with the prosecutor. In my experience, when a prosecutor deals directly with a citizen (particularly if the police officer is right there to back the prosecutor up), there is more likely to be a "take it or leave it" attitude as far as trying to find a way to resolve the case. Attorneys are more likely (and probably because of experience, more able) to reach some sort of resolution that will be satisfying to both sides. An attorney would also be able to determine what arguments are legitimate and have a chance of helping your case. Good luck!

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  • I have to pay 125$ court fines. From last year. I got arrested and am out on bond. I failed to pay I fotgot.

    I have to pay 125$ court fines. From last year. I got arrested for not paying the court fees and am out on bond. I failed to pay I forgot. So I have to go to court. I was supposedly due to pay last year somewhere in November or September but sin...

    John’s Answer

    It really depends on what the judge decides to do. Your best bet is to show you have difficulties financially. However, what I would suggest is that you make some payment to the balance to show you are making some effort Taking some effort, no matter how small, will put you in a better situation before the judge. Some judges are much less lenient than others when it comes to payments. Whatever you can do to show hardship and that you're not trying to ignore the court is your best bet. Good luck.

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  • Can a witness be discredited in Virginia if they have previous conviction for crimes such as thief and loitering?

    I've read that this applies in certain states is Virginia one of them?

    John’s Answer

    Yes, a person can be discredited, or "impeached" on the witness stand based upon a felony conviction involving dishonesty or false statement (so depending on the charges, theft probably is, but loitering probably isn't). That just means that it MAY be used to say that they are not telling the truth - it doesn't mean that they are not to be believed. In other words, maybe you should believe them, maybe you shouldn't. If the conviction is 10 years or older, then it's a judgment call by the judge.

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  • Can I get a3rd postponed or a jury trail to have more time to come up with money

    I got to court today with out a lawyer for the 3rd time trying to get more time I got a lawyer but to late for court today what should I do

    John’s Answer

    It's entirely up to the judge. The more times that you come back, the less likely it will be that the judge will be OK with it, though. What I have seen is that the more efforts you have made as far as trying to find an attorney (and especially if have documentation to support it), the more likely the judge will be willing to work with you. If you originally did not qualify for a court appointed attorney but your job or financial situation has changed since you first got arrested, you should mention that to the judge. If that is the case, the judge could send you to be "reinterviewed" to see if you now qualify for a court appointed attorney. Regardless, don't press your luck, or you might see the judge not continue the case any further.

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  • Authority of a Washington DC DOT officer to pull me over?

    I received a seat belt regulation violation, (T173), from a DC Department of Transportation officer. Do these DOT Officer's have the authority to detain me or pull me over and ask for license and registration? What consequences would I face if I...

    John’s Answer

    I would agree with Mr. Bruckheim. The District of Columbia has many different law enforcement authorities. Whether they CAN stop you is usually different upon whether they do stop you. Generally, officers are given quite expansive control (jurisdiction) over where they can act upon There are probably internal procedures in place about whether they can effectuate the arrest or not, should it become necessary. However, that does not sound like it was what happened.

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  • 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?

    Hello, my husband have a walk in bench warrant back in 2003, he never appeared and went back to his home country,he was charged in dc with assault with a knife, he was defending himself while attacked by this individual, what can he do to fix this...

    John’s Answer

    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.

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

    I have 2 counts of misdemeanor assault for which the charges were dismissed through successful completion of diversion. I answered all pre-employment questions truthfully and now have an offer; however, should I still disclose this arrest/charge...

    John’s Answer

    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 come back on a background check, particularly if it has language indicating there was no admission of guilt, but rather it was a "deferred prosecution". This way you can justify any action (or inaction) on your part. It's not too difficult to get, and you can get either an attorney to get them for you or you can get it yourself. Good luck on the new job!

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  • Will I get tested again? is DPA really one and done? What happens if i test positive on my next court date?

    got caught with marijuana possesion in washington DC. I have no criminal history so I am eligible for deferred prosecution agreement. I heard that DPA was one an done drug testing and i tested negative at arraignment court. Yesterday my cousin tri...

    John’s Answer

    Mr. Bruckheim is correct in his response. When a person tests negative in their initial appearance before the court, that is usually sufficient and no further testing is necessary. The only thing that I would add is that you said that your friends "were caught with weed too". If they are your codefendants in your case, that could complicate your entry into a deferred prosecution agreement. While you probably not need to test again, you should make a point of not using in the future, as you might end up being in for a longer period of time, and a judge might require another screening. One last thing: do not get in the mindset of thinking that you can use now, since "I am going to test positive anyway." Let it get out of your system, and stay clean until you know for certain the direction the case is going.

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  • What does wired mean? How many more times will i be tested after testing negative initially? Marijuana DPA?

    went to arraignment court today for marijuana possesion and my lawyer said I was likely to get deferred prosecution agreement...I tested negative today during my drug test so I am out of weekly testing. I have an official court date on 3/20 where ...

    John’s Answer

    Wired plea offers are common for codefendant cases in DC Superior Court. It means that a plea offer is not offered unless all of them accept. The fact that you tested negative at lockup usually means that you do not have to test again and that is the prerequisite for entering into it. That also means your codefendants need to do the same. Your lawyer is probably correct in that you probably won't get tested again, but there are some occasions in which a judge might ask for you to be "spot tested" which means that you give a sample on that day (in other words, BE GOOD, and you know what that means). If your codefendants don't qualify for whatever reason, there are certain ways that you may be able to get a DPA without them taking it - what they call "unwiring" the plea offer. It may involve giving what is known as an "insulating statement", in which you swear under oath to your involvement and, more importantly, requiring you to swear about the involvement of your codefendants so that you can't come back and testify on their behalf without getting a perjury charge. If you all don't get a DPA, make sure that your attorney has done what he can for unwiring the case before the case is set for trial, since that will prevent any diversion program as an option. Good luck!

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

    1-in an EEOC case, I filed with US District Ct, was dismissed, filed appeal, laughable unpublished opinion which concurred with district court on different grounds. one of the grounds is that my lawyer didnt mention hostile work environment as r...

    John’s Answer

    • Selected as best answer

    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't resole it with your attorney, you can look into the state bar of your jurisdiction which may have a way to resolve fee agreement disputes. Good luck.

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