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Deborah C Anderson Esq

Deborah Anderson’s Answers

106 total


  • Do OBGYN's or hospitals drug test a women or her newborn directly after giving birth?

    I'm giving you a fictional scenario: Someone I know has smoked cannabis throughout their whole pregnancy. They believe it does no harm, and they believe it helps their levels of stress. Want they need to know is should they stop smoking now? There...

    Deborah’s Answer

    I am not licensed to practice in Indiana, but I think you deserve a straightforward answer. As I understand the law in Indiana, there is no mandatory drug testing, but medical personnel can request drug testing of an infant if there is a suspicion of maternal drug use.
    There is routine testing done to screen for genetic disorders.
    It is assumed that detectable levels of marijuana can remain in the system for 30 days, but there is also evidence that marijuana can remain in the system for up to 45 days.
    I hope that somebody who practices in Indiana can give you a more definitive answer to your question.

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  • I was arrested for owi during a hypoglycemic seizure, how can i prove this? Get the video was at police station?

    I was in shock, barely remember what happened told the officer I was having a seizure, remember asking for a lawyer, a doctor, and also refused the test because of info below. I was on my way to hospital, when I got pulled over taken to jail and ...

    Deborah’s Answer

    From the information provided, you were having a seizure and were driving yourself to the hospital. Regardless of the cause, it is the responsibility of a driver and his/her doctors to ensure that s/he is fit to drive. I gather that none of your doctors has explained to you the dangers of driving with your condition. It is ultimately your responsibility to recognize when you are unfit to drive, and according to the facts that you provided, you were clearly impaired. Not being under the influence of alcohol or illicit drugs does not give you a free pass. If you have had such a seizure in the recent past, you may very well be convicted of OWI, depending on the laws of Iowa. Having had one seizure of the kind you describe is the trigger to alert you to the fact that you have a problem. You absolutely should hire an attorney immediately if you have not already done so.

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  • If you have 30 year old case by law how far can the district attorney go back. How much time can they give you

    no other questions

    Deborah’s Answer

    It depends on the charges that you're facing. There are statutes of limitations in most types of crimes. Have you already been charged with a crime and then skipped out on the charges? Have you yet to be charged? There is no statute of limitations on murder, at least not in any jurisdiction with which I am familiar.

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  • Bench vs arrest warrant.

    Will failing to pay the fine for a fare evasion citation in Washington, DC result in the issuance of an arrest or bench warrant? How long will it take for the warrant to be issued? Also, how long does it generally take the city to process/cash the...

    Deborah’s Answer

    If you have a court date and fail to appear on that date, then a bench warrant will most likely be issued when your case is called and you do not come forward. If you have missed a court date, I would pay the fine in person and take the receipt to the courtroom clerk in the assigned courtroom. From my experience, it is unlikely that a judge would hold you for paying a fine late if you present proof that you've already paid it.

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  • Does my son have any rights as an inmate to phone calls or visits while in the hospital? How can I find out why he was admitted?

    My son is 18 and awaiting trial, while in jail he complained of stomach pain and went to Medical when he asked to go back to medical they said NO. He is now been admitted to the hospital and has been there 1 week. No one will give me any informati...

    Deborah’s Answer

    I'm a parent myself, and I certainly feel for your situation. The simple fact, though, is that there are privacy laws that hospitals and medical personnel must obey. Without your son's consent, unfortunately, you cannot get any information on his condition. As my colleague suggested, contact your son's lawyer and ask him/her to see your son and get permission to share information with you.

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  • Can I file a petition requesting the court to make a ruling on admissibility with regard to violation of Fourth Amendment rights

    Possession charges were brought against me and two co-defendants by indictment last spring following an arrest the previous Fall that occurred during a minor traffic violation. A search and seizure ensued which, based upon the circumstances in to...

    Deborah’s Answer

    I don't know what the particular statute is in Texas, but here in DC we call them 23-110s, or ineffective assistance of counsel. Given the facts that you state, no motions of any kind were filed in your case. Consult with another attorney to try to withdraw your guilty plea, or file an appeal based on ineffective assistance of counsel. It is not an appropriate time at a sentencing hearing to argue that evidence should have been suppressed.

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  • Can my home be searched without a search warrant while my 18 yr old son is probation and locked out the house

    they didn't have a search warrant; my son's probation officer wasn't notified; they picked him up a mile away from home & brought him to my home (& he doesn't have a key), popped my lock and ram-shacked my son's room, then took him to jail on a fe...

    Deborah’s Answer

    Did you sign anything waiving your rights under the Fourth Amendment in order for your son to be able to live with you while on probation? I suspect that you didn't. While your son may not be able to assert any Fourth Amendment rights while he is on probation, that doesn't mean that you don't have any. While he may not have to give permission to have his room searched, absent a search warrant, you would still have rights not to have your home broken into by the police without a warrant. I completely agree with my colleague who advises you to talk to an attorney about pursuing a case against the police. Your son's attorney will undoubtedly file a suppression motion to have the evidence thrown out.

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  • What rights do I have as a federal inmate that has compelling circumstances and current crisis in my immediate family

    If you are the only child but you are currently in federal prison and your father only has a week to live because he's dying from liver cancer. And this morning you were informed your mother was stabbed 33 times in a home invasion. What can a pers...

    Deborah’s Answer

    Sadly, to answer your question directly, you have no rights under these circumstances. In your situation, I would ask for compassionate release from the warden, who may or may not approve it. If approved, it will go up to the Bureau of Prisons for their approval. Most likely, to be honest, it will not be approved. As an example, Lynne Stewart, a well-known civil rights attorney, is in prison and is dying of cancer. A huge effort is being waged to get compassionate leave for her. The effort has been going on for many months, and she is still trapped in prison. Compassionate release is usually granted for inmates who themselves are very old or terminally ill and have less than 18 months to live.
    I am very sorry that you find yourself in these circumstances. The best of luck to you.

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  • How do I contest a defective ticket that I already partially paid? I also missed the 60 day window to contest it.

    I am being held liable for a defective ticket, but I have long passed the 60 days given to contest it. The other 2 tickets I received on the same day were dismissed by the judge. My hearing record says, “...the officer that issued the ticket wrote...

    Deborah’s Answer

    I have my own question for you, which is, "Why didn't you contest the ticket within the 60 days?" It sounds as though you already know how to do so, since two other tickets were dismissed. That being said, the time for challenging the ticket as defective has passed. And any prosecutor would argue that by partially paying the ticket, you've acknowledged that the ticket was accurate.

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  • I have a criminal case in D.C. my lawyer asked for a bond review on fri Oct 11 2013 how long will that normally take

    I had a court case on oct 11 2013 on a criminal matter my lawyer put in for a bond review the judge said he would consider it but after the court date I asked for a another lawyer now im so confused about the bond motion please help

    Deborah’s Answer

    From the facts as I understand them, you have asked for another lawyer but have not yet received one. It sounds as though you have a court-appointed lawyer. An attorneyin a criminal defense case can only be excused from a case by a judge. Until and unless the judge in your case excuses your current attorney, s/he still represents you.
    And again, as I understand the facts, the bond hearing has already been scheduled. Unless there is an intervening hearing for some reason at which you are appointed a new lawyer, your current lawyer will go ahead with the bond hearing.
    If there is an intervening hearing at which you are appointed a new lawyer, s/he will probably ask for a postponement of the bond hearing in order to acquaint him/herself with your case in order to make the most effective arguments for granting bond.

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