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David Keith Felsen
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David Felsen’s Answers

313 total


  • Can you suffer consequences if you falsify a reason to continue a court date?

    The plaintiff in a peace order filed for a continuance saying she would be out of town however she was present in my neighborhood the day of the hearing and the entire week she "claimed" to be out of town.

    David’s Answer

    Litigants and there attorneys are obligated to be honest with the Court. The better question is how to remedy the circumstance. Probably the best thing to do is use the false reason in cross-examination.

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  • Will a warrant be issued if I do not appear for a summons.

    There was a summons issued for Assault-Second Degree. What will happen if I don't show up? Will the judge issue a warrant for my arrest?

    David’s Answer

    It is likely that the court will issue a warrant for your arrest. The issuance of the summons is merely a way for you to be served. If you don't heed the court's order to appear (the summons) the court needs to find another way to get you pay attention and come to court....a warrant. Before getting served, you should consult an attorney to go over the case and all your options.

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  • How does disorderly conduct affect my asylum application

    i was charged with disorderly conduct and second degree assault in Maryland, the state offered me a plea offer to dismiss second degree assault and plea guilty for disorderly conduct which will most likely result in pbj, how does that will affect...

    David’s Answer

    Disorderly Conduct is not a crime of moral turpitude and is not a felony. so, the impact should be minimal. However, immigration authorities have the right to "look behind" the charge and investigate the underlying facts. There is no way to predict (with certainty) how a charge will effect your immigration status, but consultation with an immigration attorney would certainly be helpful. Any involvement in the criminal justice system can cause an immigration issue, so you need to be careful.

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  • How much weight does a 10-year old conviction have on a new case?

    In 2006, I was convicted of petty theft in CA. After completing probation, I filed an Order for Dismissal, and it was granted. My 2006 has been dismissed in CA. I now have a new charge of ID theft(was arrested in May 2015, misd less than $1,000), ...

    David’s Answer

    The issue of a PBJ or no PBJ is one of sentencing, which is up to the judge. The prosecutor is probably saying that they ail oppose a PBJ, but that is not always determinative. You should speak to your lawyer to see who the judge is and how the judge is likely to consider a 10 year old closed/dismissed case. Also, it seems to me tat if the GA was dismissed, it would not be a prior conviction, and would therefore hold little weight. However, that is something to take up with your lawyer. Remember the prosecutor doesn't grant the PBJ, that is up to the judge.

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  • Can the police preform a traffic stop with no probable cause????

    the police stopped me for being elusive, the dash cam will prove that is a lie

    David’s Answer

    The simple answer to your question is, "Yes." Probable cause is not the standard for a traffic stop. The Supreme Court has said that the police can stop a car if they have reasonable suspicion (less than probable cause) to believe that criminal activity is afoot.

    Your real question seems to be about how you prove that the stop was illegal. You should meet with a lawyer to help you determine the best way to proceed. There may or may not have been a dash-cam. A lawyer can help you determine all these issues.

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  • Can you request a forfeit of collateral as apposed to a court date if one is not issued to you?

    I received a citation for fare evasion in Maryland and received a court date but I am moving out of state and the court date is after I move. I was wondering if you can request a forfeit of collateral if one is not issued directly to you?

    David’s Answer

    If your citation is a "must appear" you cannot forfeit collateral. You must appear. However, there are things that a lawyer can do for you which could eliminate the need for you to appear in court. Sometimes the State is willing to resolve maters before court. You should speak with a lawyer ASAP. Also, I don't think it would be in your interest to have something like this on your record in that it is sometimes looked at like a theft charge. You need to be very careful.

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  • If My son is found guilty of Armed robbery, and attempted assault. How much time would he be facing?

    He was identified as being 1 of 3 people involved. Police did not find a gun nor the items that he was accused of taking. He is now out on $45,000 bond.

    David’s Answer

    Unfortunately, there is no way to answer your question in this forum. There are many factors that go into a sentence like, your son's criminal history, the particular facts of the case, mental health concerns, injury to the victim, remorse, etc. Maryland has sentencing guidelines that calculate "recommended" sentences. The biggest factor is going to be who the sentencing judge is. All of these variables can best be analyzed by your son's attorney. This question should really be addressed to him.

    Good luck

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  • Stet docket appeal into a Nolle Prosequi?

    I was arrest back in September last year for 2nd degree assault as my father and I got into a fight. At court in December my attorney got my case down to a stet docket verdict. The state prosecutor agreed that if I were to complete anger managemen...

    David’s Answer

    Since you have an attorney, the best thing to do is to go through the lawyer. After the State is notified, the case will probably be removed from the Stet docket and the State will enter the case Nolle Prosequi. The sooner you do this the better, because it takes a little while. Again, you have a lawyer. You should talk to that lawyer because they were involved in the case. Good luck.

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