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Kush Arora
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Kush Arora’s Answers

6 total

  • My brother was denied bail today. Is there any recourse?

    He was arrested with a DUI almost 2 years ago, last summer he admitted to probation violations, which he served time for. Now the judge/court is saying that was through his probation officer, not the court. He is being held without bail until Jun...

    Kush’s Answer

    An Idaho attorney is the best person to consult for this issue however in my state of Maryland, a person unsatisfied with the bail set by the court on initial appearance may file a request for bail review. Often, at this hearing there is a little more information for the court to review. The initial hearing might be very quick because the court is reviewing a large number of bails. However, if you request a separate hearing for your brother, you might be able to present information about his employment, family, contacts in the community and success with alcohol treatment so the judge is swayed to release him to the community on a reasonable bail.

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  • I got caught shoplifting she let me go and ask me not to return, and did not take my name. Is there anything she can do now?

    I got caught shoplifting she let me go and ask me not to return, and did not take my name. Is there anything she can do now?

    Kush’s Answer

    You should consult with an attorney in your state about this issue however, I feel it is unlikely they wll take any further steps to charge or prosecute you. In most states, there is a statute of limitations on misdemeanor charges. For example, in the State of Maryland, a misdemeanor must be charged no more than 1 year after the incident took place. I'm sure Georgia has a similar law. If this store decides to track you down and charge you, they must do so within their statute of limitations or the charge should be dismissed.

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  • What determines you eligible for a court appointed lawyer?

    I live in NYC. What is the MOST you can make to qualify for a court appointed lawyer. I can't get a straight answer where can i find it. I have a case but I make 38,000 and want to know if I will be eligible or if I will have to pay for one. I ...

    Kush’s Answer

    Each county in each state usually has their own criteria for what qualifies you for a court appointed lawyer. While you make $38,000 per year, other things are also taken into consideration. Liabilities you have such as child support obligations or a specific number of dependents will sometimes qualify you for a public defender or its equivalent. The judge will usually not determine if you are indigent. The public defender's office will take your information and determine if you qualify or not. Public Defenders are often understaffed and overworked which means you should get to the office immediately to register. Once you are advised of your right to counsel, it is your responsibility to take the necessary steps to contact an attorney. If you come to court without one, a judge might consider you to have waived your right to counsel and force you to represent yourself. Good luck.

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  • If you commit a theft crime against a person can the police still get involved if that person decides not to press charges on u

    The crime was the theft of about 1,000 dollars worth of property. The crime was committed and then reported to the police. A police investigation has been underway for about 6 months. Just recently the the victim of the crime got word of a possi...

    Kush’s Answer

    You should consult with a licensed attorney in Virginia for this matter. In the State of Maryland (where I am licensed), as in most other states, once you are arrested or charged with a criminal offense, the charging party is the State, not the victim. Therefore, even if a victim decides not to go forward on the charges, the State may still proceed on the charges. A victim's opinion is always taken into consideration by the State but the Prosecutor is required to use his or her own discretion in deciding to go forward or not.

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  • I was place on court supervision for two city ordinances, and then got arrested for two more before it ended. What will happen?

    The first two city ordinances were for battery and possession/consumption of alcohol by a minor. The second were Theft (item less than 300$) and possession/consumption of alcohol. What will most likely happen on my court date?

    Kush’s Answer

    You will want to consult with counsel licensed to practice in your state on a matter like this. The way this is handled in my home state of Maryland is with a Violation of Probation. While you were on probation for the initial offense, the court most likely told you of some special conditions of your probation. The first is usually to have no new criminal charges, arrests or convictions. Since probation is a contract between you and the sentencing Judge, what he or she is usually telling you is that the court is willing to "take a chance on you" and not make you serve any or all of your jail time provided you stay out of trouble. Being arrested is a violation of that contract. Some states will wait until you are convicted of the new charges before deciding if you have violated your probation. Other states will violate you simply on the allegation of a new offense. If you are found to be in violation, you will often be required to serve some or all of the suspended jail time originally imposed and your probation may even be extended.

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  • DWI - Help also is this a criminal offense or a traffic violation??

    i have/had a totally clean record and drivers license. recently i got pulled over and arrested in the state of maryland for a dwi... I was just a little over the legal limit. I was very polite to the arresting officer etc.. they took me in and...

    Kush’s Answer

    When a person is charged with a DUI/DWI in Maryland, they need to follow a few basic steps to begin preparation. The first is to send a request for hearing to the MVA within 10 days of your arrest/charge. This will afford you the opportunity to hold on to your temporary license for longer than the 45 days for which it was issued. It will also allow you to appear before an Administrative Law Judge to determine if any further suspension is appropriate. Additionally, you will want to find and enroll in an alcohol treatment program (anywhere from 12 to 24 hours of education) that is focused on rehabilitation as well as education, usually with an Alcohol Anonymous meeting component. Leave the rest to your attorney.

    As the other answers indicated, a background check may be able to find the charges pending against you since your charges are very likely listed on the Maryland Judiciary Case Search page by now (http://casesearch.courts.state.md.us/inquiry/processDisclaimer.jis). There are options one ultimately has to expunge this record from the system once your case is resolved by the Maryland courts and your attorney will be able to help you with this process.

    Remember, alcohol violations are considered among the most serious traffic offenses in Maryland and need to be handled carefully. Do not speak to anyone about this case without the assistance of an attorney as any information you provide may be used against you by the State.

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