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David Keith Felsen
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David Felsen’s Answers

320 total


  • Do we need a lawyer when we go to traffic court or should we consult a lawyer to understand what he should say to explain?

    My son was in an accident, his fault. He got two tickets - failure to control speed on highway to avoid collision and failure to yield intersection right of way to another vehicle. Mailed back ticket selection the "request waiver hearing regar...

    David’s Answer

    I am not sure waiving your son's right to have a trial on liability was a wise choice. If witnesses don't appear, your son could win - even if he is at fault. If he has a defense, he needs to assert it. Even having trial on the merits of the case allows your son to put on any mitigation for a sentence. You should have consulted a lawyer BEFORE you filed the waiver. You may be able to fix it. I suggest consulting a lawyer as soon as possible.

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  • How do I report them? What should I do if he tries to contact me in the future?

    encountered a girl on POF (18+ dating site), nice conversations. and we had a couple sexual exchanges, even following her admission that she was underage (I did not actually believe this, just for clarity, but if it helped her). So then she disapp...

    David’s Answer

    I think it is a scam, too. However, I strongly recommend that you not put details about any kind o case on this forum. This is a public forum and what you say here could be found by the police. Often times people have computer issues, or they innocently downloaded material that was completely legal, but illegal item are later found on their computers. Pornography websites are notorious for these issues. I suggest you set up an appointment with a lawyer to review the situation. This consultation would be confidential. I also suggest that you not publicize anything in which anybody is alleging that you did something wrong (even if you didn't).

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  • Should I pay them? Should I take them to court? Or just ignore them?

    I was caught stealing at my job at macys last January 2015 LP caught me the mall police were called they gave me a citation to go to court. Long story short some of the stuff I took I wasn't able to give back the value was around $225. Went to cou...

    David’s Answer

    I agree with the prior answer. You are dealing with a statute that allows for certain civil recoveries for theft. I don't know the amount you agreed to pay back. In fact, it is not even clear if you agreed to anything. As a general rule, Macy's can ask for up to 3 times the amount of the merchandise. It is impossible to give you any kind of definite answer in this forum. I recommend that you set up a consultation with an attorney who can analyze the case for you an make an appropriate recommendation. This may just be the matter of a phone call to Macy's. There is no way to tell at this point.

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  • Probation and drug test help?

    I was put on probation last tuesday for two years and part of my probation is for me not to use any drugs. Ive been a habitual user of opiates. The day after I was sentenced probation I had to go to the county jail for intake and to set up my comm...

    David’s Answer

    Usually, the drug screening at the beginning of probation is not a big issue. That doesn't mean you can't get in trouble, but often agents will assume that somebody with a substance abuse problem was using BEFORE they were on probation. The positive drug test is not necessarily a violation of probation. If you were put on probation on Monday, and drug tested, the results could be from substances taken Saturday or Sunday (before you were on probation). That would not be a violation. In that sense, the first test is often looked at as a baseline. This not a guaranty. A diligent agent could file a VOP, but you would have a good argument. Subsequent positive tests will be a big problem.

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  • Do I need a permission from my husband to take our baby on a trip to Europe?

    We are having a baby. My husband and I are both US citizens, however my relatives live in Europe and of course we are planning to visit them. Due to his work my husband cannot go every time with us. Do I need his permission each time to take our b...

    David’s Answer

    • Selected as best answer

    The short answer is that you need to check with the passport authorities. I believe, when dealing with a minor, both parents need to fill out the travel documents, or provide appropriate documentation for one parent to take the child out of the country. This is a common occurrence and the people at the passport office will be very helpful.

    In terms of travel, in general, both parents have custody, so you don't need any documents for either of you to travel with your child. However, if you think there may be some dispute, documentation is always a good idea. It seems that there may be more to the issue than you state in your question. If that is so, I suggest that you contact an experienced family law attorney who can give you a confidential consultation. If I am reading between the lines incorrectly, know that both parents have joint custody of their child and can travel without documentation from the other.

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  • What is the likelihood that the case will get thrown out or if my boyfriend will do any jail time for this?

    My boyfriend was charged with his first possession of cocaine. My boyfriend was in a van with 6 other people the van was speeding and got pulled over the cop pulled everyone out and searched the van. My boyfriend was sitting in the very back of th...

    David’s Answer

    It is very difficult to say what will happen in any particular case. The State's Attorney should screen the case. However, because this matter will be in District Court, it may not be reviewed until the day before trial. It appears that there are lots of issues that need to be evaluated that could result in a very favorable resolution. It is not clear, from the facts you relayed, that the search is valid. Also, there is clearly the issue of whether your boyfriend was "in possession."

    An experienced attorney can help your boyfriend navigate this matter. There are many many options that may apply to your boyfriend's case. There needs to be a careful analysis of the facts for an evaluation of the 4th Amendment issues that may be involved. You boyfriend needs to speak with an attorney as soon as possible.

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  • Ex-boyfriend filed charges against me for criminal harassment. Hired a private attorney. First offense. How likely is jail time?

    The attorney is from the area where the case is being tried and knows the prosecutors.

    David’s Answer

    Unfortunately, there is no way to answer your question in this forum. Every case is different and your attorney probably has a good handle on all the relevant facts in the case. A great deal depends on the nature of the harassment, the quality of the proof, and how "fired up" your ex-boyfriend is about going forward. All these issues are best dealt with through your lawyer. Good luck.

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  • 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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