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David Richard Waranch

David Waranch’s Answers

39 total

  • Can a pending charge not brought up in court be combined with sentence received

    Person sentenced for resisting arrest received 18mth and drug treatment. Person has pending marrijuana possesion charge which attorney never mentioned since that person is sentenced already can they avoid going to court which will hold up the proc...

    David’s Answer

    The answer to your question really has to do with the drug court program. If you say this particular program won't allow the Defendant in with a pending charge, make sure the attorney resolves the pending charge as soon as possible so the Defendant can proceed to treatment. In my opinion, this should have been worked out ahead of time. Most of the time, judges and prosecutors are willing to work something out quickly so the Defendant can get the treatment he/she needs, particularly if the pending charge is just a simple marijuana possession.

    Which drug court are you referring to?

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  • My husband got a letter in the mail stating there is a warrant for his arrest.

    He called the number and they told him charges were filed against him for theft and should set up an appointment to met with the police officer. What should we do?

    David’s Answer

    As the previous attorneys stated, the most important thing is to not make any statements to the police. Next, consult with an experienced criminal defense attorney. An attorney can verify that their is an outstanding warrant. If there is, an attorney may be able to get the warrant quashed or file a motion to turn the warrant into a summons.

    Don't make any appointments to meet with the police until you speak to a lawyer. Tell the police that you would like to speak to an attorney before you set up a meeting. Give them a set time in which you will contact them.

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  • If your charged with 1st and 2nd degree assault but no one was hurt or went to the hospital what are the the chances of having

    the charges dropped

    David’s Answer

    Its really impossible to answer that question without reviewing the case. Assault (whether 1st or 2nd degress) does not require injury of any kind. However, injury is a major factor that a prosecutor will analyze in determining what to do with the case.

    The best thing to do is consult with an experienced criminal defense attorney. He or she will able to give you a realistic view of what may happen in regards to your case in the county in which you are charged in.

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  • I got a ticket for operating a moped on hwy without license or permit. What can i do?

    Whats the worst that can happen? Should i get a lawyer, or a public defender?

    David’s Answer

    Yes, you should get a lawyer. If you can't afford a lawyer, the public defender is available, however, you need to apply 10 business days in advance of your trial.

    Technically, the worst case scenario is a conviction, jail, etc... However, its still a relatively minor offense. If you have a clean record, this will help you a great deal.

    An attorney can help you with any defenses you may have and help you keep the points off your record. Don't panic, just call someone and take the matter seriously.

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  • Are written statements considered hearsay?

    I am being charged with misdemeanor theft from a company that I just worked with/for. They accused me of stealing merchandise based on the fact that I was working at the time they were missing, merchandise is indeed missing, and fellow employees m...

    David’s Answer

    As the other attorneys stated, the statements are not admissible, but may have been the basis for probable cause to charge.

    I would expect there to be much more evidence or else the case will be thrown out. Either way, its best to get a lawyer and have he/she examine the discovery and properly represent. You don't want that on your record, especially if you didn't do anything.

    Sorry to hear about this. Feel free to call or email if you need help.

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  • How can a person not go to jail if they get arrested for VOP doing the same exact crime they were put on probation for?

    My husband talks a very good talk and I am trying to leave him. He will never let me go peacefully, we have no property or kids to settle as he caused us to loose it all and we never had kids. He got arrested for prescription fraud, sentanced to 1...

    David’s Answer

    Whether or not he goes to jail is up to the judge who put him on probation. Oftentimes, drug offenders can avoid jail by going to treatment. Every case is different and no generalization can be made. The probation officer will likely recommend jail and the judge will decide. Sounds likely that he will get jail time.

    Perhaps you should file for divorce.

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  • I got hit while riding my bicycle. Who is at fault and do I have a case?

    I was on Route 40 in Hagerstown, Maryland riding my bike on the sidewalk and approached a crossing in front of a service station. I vehicle leaving the service station and I approached the crossing and we both came to a stop. I waved and yelled at...

    David’s Answer

    The driver's insurance company is only on the hook for medical expenses, lost wages, etc.. if their driver was negligent and you were not negligent in any way.

    Without investigating your case, its hard to say if you could prevail. I would guess that since the officer found you both at fault, the insurance company is going to deny liability. What that means is that they will not pay you because they didn't think their driver did anything wroing.

    If you or your attorney disagree with that assessment, you have the absolute right to file a lawsuit and sue the driver for damages.

    I think its worth it for you to go and get a free consultation from an injury lawyer since liability is probably in dispute and their are some injuries.

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  • Wht can i get for second degree assault charge and they have video tape of me

    but i didnt do anything wht can happen to me i never been in trouble wth da law

    David’s Answer

    There is no way to accurately answer that question unless the case is reviewed in detail. In general, if you have no record and there is no injury to the alleged "victim", probation is usually the worst case scenario (assuming they can prove the case).

    Contact an attorney to help you with this, especially if there is video evidence and you say that you diddn't do anthing.

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  • Family member stole $250 on 5 seperate occasions. Will she be charged with a misdemeanor or a felony?

    My cousin has been fired from her job for theft. On 5 different occasions, she refunded herself $250.00 from the credit card machine at her job onto her personal debit card. Her former employer has not pressed charges as of yet, but if they choo...

    David’s Answer

    In most theft cases, the "victim" just wants to made whole. In other words, they want the money back.

    Usually, if the money is not paid back or returned, a theft charge will follow. Many times, even if the money is paid, a theft charge will follow. The point is, in order for her to protect herself, see if she can come up with the money. Once she does that, have her retain an attorney to work the case out or handle it in the "investigation" phase.

    Lastly, tell her not to make any admissions or admit any guilt. Otherwise, she will have convicted herself!

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  • Is a consent to search nullified if their is threat of a search warrant?

    If officers ask for my consent and I deny. Then they say either you consent or we will get a search warrant and search anyway. I then consent to a search does this nullify the search warrant and items obtained from the search.

    David’s Answer

    If a reasonable person under the same or similiar circumstances felt that they "had" to consent, its not really consent. In simple terms, if you only consented because you felt coerced or forced, the law does not consider that a voluntary consent.

    However, its more complicated than that. As the previous attorneys suggested, seek a criminal defense attorney to help you navigate through this.

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