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Paul McGlone
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Paul McGlone’s Answers

388 total


  • If I wasn't served with a continuance date can a FTA warrant be issued

    I was issued a continuance for a show cause on a support case and was not served with the continuance date. Can a failure to appear warrant be issued.

    Paul’s Answer

    Oh, yes, they can ISSUE a FTA, and the fact that you know there is a pending case may put you on notice to keep track of the dates. Your cursory fact pattern suggests that you asked for the continuance. You should not expect to be able to rely on "I wasn't served" as a defense to FTA at this point.

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  • $700 in fees for 3 unpaid toll violations. Is it worth hiring an attorney?

    I moved to another state and never received a toll administration (in either case i had a toll tag in my car). As a result they piled up $700 in fines and threaten to suspend my driver's license. I live in another state and too busy to deal with ...

    Paul’s Answer

    You should speak to an attorney and find out if there is more to this. Many of these cases have been brought outside of the 1-year statute of limitations, but you probably need an attorney to properly assert that defense. There may be more to it than just the $700 you are being billed for. We have seen cases where 3 violations can add up to much more than $700 by the time they finish with the case in Court. They will add on Court costs and other fees of another $150 or more per case, and there may be other expenses added in as well.

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  • What's the best defense for a "failure to obey traffic signal" in this case?

    I received a ticket for "failure to obey traffic signal" as part of an accident. Both myself and the other driver say we had a green light. I had come to a complete stop and only went through the intersection after seeing a green light and another...

    Paul’s Answer

    It sounds like your defense would be that you went through a green light and the accident is not your fault. Your description is a bit confusing because it should not matter if the passenger is distracted, but the officer must have concluded that you did something wrong if he charged you. Perhaps that is because you did not communicate your case very well, which is a reason that folks should have an attorney in court.

    I think that this would best be defended by an attorney experienced in traffic accidents.

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  • I would like to know what to expect when I go to turn myself in for failure to appear on driving with a suspended license.

    I would like to know approximately how long I will be there and what exactly I need to do and bring.

    Paul’s Answer

    You need a personal attorney to help you figure out the timing on this. You could be held until the next Court date, so don't take it lightly.

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  • What does "Dismissed/Acquitted - Plea Agreement (PD)" mean?

    what does "Dismissed/Acquitted - Plea Agreement (PD)" mean?

    Paul’s Answer

    This sounds like the type of thing that might be done locally in certain jurisdictions in certain types of cases. This isn't something that happens statewide. Certainly "Acquitted" usually means "not guilty" but if it was a plea agreement, then the case may not be eligible for expungement. The expungement laws use a phrase "otherwise dismissed" that has been interpreted as excluding certain types of cases where court costs or other conditions are required.

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  • How long after you commit a traffic infraction can you be issued a ticket?

    I accidentally went the wrong way on a one way street, and a police officer saw me, but he just had be turn around and did not issue a ticket. I am afraid he will issue a ticket in the future. How long does he have to do so?

    Paul’s Answer

    • Selected as best answer

    Technically, the answer is 1 year, but based on your limited information, if this was in Nortnern Virginia, it is highly unlikely. He would have written you a ticket right there and probably would have arrested you if you had any alcohol on your breath.

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  • How much jail time are you suppose to get for dirty urine?

    with a armed robbery charge

    Paul’s Answer

    There is no set amount of time, but there is a set of guidelines, linked below, that might help an attorney predict the result. We run the guidelines and we have to be prepared to expect the judge to consider the guidelines and we will argue from there, but the judge is not bound by those guidelines. You will have to see an attorney to get the recommendation table.

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  • Can you get out of going to jail after you have been to court for suspended license?

    This is my 4th charge in 3 years and I have been sentenced to 10 days. I am not a criminal and I had a sorry attorney obviously. I don't understand how this can happen

    Paul’s Answer

    If this was traffic Court, also known as General District Court, then you would have the right to appeal the case if you note an appeal within 10 days of the conviction. 10 calendar days--- not 10 business days. That would give you a new trial in the Circuit Court where you could have a Jury or a bench trial and you would face a new sentence of 1 day up to 1 year in jail for this offense.

    I'm not sure how you can blame the Attorney for this. The attorney didn't commit DOS 4 times in 3 years. 10 days isn't bad. Some judges give 30, 60, 90 for 4th, 5th and 6th offenses, so you should wait until you are licensed before you drive again.

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  • Should I fight this and how?

    I'm on probation for DUI and had a positive reading of .03 on my Breathalyzer and several months later had a false reading of .02 due chemicals/alcohol in a hairspray product. I had already tested to start my car so this was a road test, suggestin...

    Paul’s Answer

    I understand your question. Yes, you should fight it, but not with the logic that you are using. Talk to your original attorney and then get a 2nd opinion if they are not up for the fight. I would hope that you can resolve it without a violation and hopefully they would just require you to go six months without any positive blows. I always tell folks that anything on the health and beauty aisle puts them at risk, and I have very few violators. DO NOT try to defend this without an experienced DUI Attorney.

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