David B Deitch's Answers

Hit and run

To clarify the answer in a previous comment: DC Code 50-2201(a)(2) provides: "Any operator whose vehicle causes personal injury to an individual and who fails to conform to the above requirements shall, upon conviction of the 1st offense, be fined not more than $500, or shall be imprisoned not more than 6 months, or both; and upon the conviction of his 2nd or subsequent offense, shall be fined not more than $1,000, or shall be imprisoned not more than 1 year, or both." And DC Code 50-2201(...

1 person marked this answer as helpful

Im being accused of threating someone over the internet and i didn't do it

It is impossible to answer this question in a meaningful way without knowing many, many more facts, and in the end, there is probably no "correct" answer to your question -- only a judgment call that should be made by a good attorney who is representing you. Whatever advice you get here from me or anyone else is no substitute for the advice of a lawyer who is well-informed of the facts and who is obligated to represent your interests. Having said that, the important thing I wanted to note...

What is the difference between threats and attempted threats in Washington dc?

As a technical matter, an attempted threat would involve an incident in which a person uttered a threat, but it was fortuitously not communicated to the person for whom it was intended. As a practical matter, though, if a case was charged as an attempted threat instead of the completed crime of threats, the US Attorney's Office probably chose that charge so that the case would be a bench trial rather than a jury trial. Under D.C. Code § 16-705 (b) (2001), a defendant is entitled to a jury...

What is the statute of limitations for federal drug conspiracy charges?

It is not clear to me what you mean about "the premise" but I can answer your question about the statute of limitations. Because you have posted this is the "Federal Crime" section, I am assuming that the person has been charged under Title 21, United States Code section 846. The statute of limitations for a federal drug conspiracy under that provision is 5 years. You should realize, however, that there are several wrinkles that can make the case prosecutable for a longer time that you...

3 people marked this answer as helpful

Can the FBI convict my son of 8 bank robberies because the guy who did them all took a plea deal and said my son did them also?

It is hard to answer your question without all of the facts, and you should consult with an attorney who can represent your son and consider the entire picture. Having said that, there are some important point to make in response to your question (though that does not create an attorney-client relationship between me and your son or you). First, the FBI does not convict anyone; the FBI is a police agency that collects evidence about crimes and brings the evidence to prosecutors. The...

1 person marked this answer as helpful

My son was arrested 4 days ago. he has not been b4 a judge or been offered legal counsel. how long can they hold him?

The U.S. Constitution and the constitutions of many states guarantee that a person who is arrested must be brought before a magistrate or judge within a short time after their arrest. (The outside limit is generally 48 hours.) That limit only applies, however, if your son has been "arrested." Sometimes law enforcement agents may continue to investigate and/or question a suspect, and take the position that he or she is not under arrest. If your son has been in the custody of the police for...

1 person marked this answer as helpful

Can a Federal Indictment include a misdemeanor offense which has already been tried in a court?

There are a couple of important principles to state in response to your question, though I can only do so as a general matter. You need to have an attorney who is completely familiar with your case in order to get a full answer to your question. My answer here does not, of course, create an attorney-client relationship between us. First, it is not double jeopardy for a person to be charged with state and federal crimes for the same conduct. The state and federal governments are viewed as...

I've been subpoenaed as a witness ia criminal lawsuit that I don't have a good recolection of. What do I do?

You did not indicate whether you are subpoenaed to appear in federal or state court. If you are to be in state court, you may want to consult an attorney admitted to practice in that state. Having said that, I can give you a general answer to your question. That does not form an attorney-client relationship between us. First, if you have been subpoenaed to appear in court, you MUST appear at the place indicated on the date and at the time indicated. A subpoena is a court order. If you...

I was caught shoplifting they called the cops but I wasn't arrested. I got a citation but i dont know what to do now?

I am not a Texas attorney, and you will need to talk to one to know for certain how Texas law works, but I can give you a general answer. (This does not create an attorney-client relationship between us.) Usually a citation is a direction for you to appear in court on a certain date in relation to a particular charge. The address of the court and the date and time when you have to appear should be on the citation. You must appear on that date or the court may issue a warrant to arrest you....

What can happen if you get a dui while on felony probation?

I am not a Georgia attorney, and you should consult one there to be sure of the consequences of these events, but I can answer this question as a general matter. Of course, this does not create an attorney-client relationship between us. First, you should definitely inform your probation officer about the new arrest. They WILL find out, and it is better for you if you were at least honest about reporting it. Chances are that this was imposed upon you as a condition of your probation....