James Donald Garrett’s Answers

James Donald Garrett

Virginia Beach Criminal Defense Attorney.

Contributor Level 19
  1. Can I invoke my Fifth Amendment rights in Traffic Court in Lake County, Florida?

    Answered about 1 month ago.

    1. James Donald Garrett
    2. Peter Scott Van Keuren
    3. Jeffrey Ira Schwimmer
    4. Christian K. Lassen II
    5. Christopher Robert Dillingham II
    6. ···
    6 attorney answers

    Even though it is a traffic ticket, traffic courts abide by the same rules of procedure and afford everyone the same Constitutional Rights as in criminal courts. You have an absolute right to not say anything in court. You may not be forced to testify against yourself and you are not required to make any statement in your defense. The judge is not allowed to consider your silence in his decision. The problem you are likely to run into is that you more than likely told the officer what...

    18 lawyers agreed with this answer

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  2. Who do i sue?

    Answered 25 days ago.

    1. James Donald Garrett
    2. Clifford M. Miller
    3. Tanya Marie Bachand
    4. Lars A. Lundeen
    5. Michael R Crosner
    6. ···
    6 attorney answers

    You may have a claim against the station itself, the maker of the hose, or both. Contact a personal injury attorney in your area to discuss your case.

    13 lawyers agreed with this answer

    6 people marked this answer as helpful

  3. My grandson's attorney is telling him to talk to the state investigator without her present. Is this good advice?

    Answered 29 days ago.

    1. James Donald Garrett
    2. Sergio Cruz
    3. Don Waggoner
    4. Michael Leonard Mastrogiovanni
    5. Larry Thomas McMillan
    6. ···
    9 attorney answers

    I can't think of anytime I've ever told a client, I'm so glad you talked to the police. I have never advised and would never advise my client to talk to police under any circumstances short of immunity. No good ever comes from talking to them, and if he refuses to talk to them, no bad can happen. Talk to his lawyer and see if he will discuss his strategy. If not, you and your son may want to consult with another attorney.

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  4. What documents do i need to attach to my power of attorney?

    Answered 30 days ago.

    1. James Donald Garrett
    2. Joseph Michael Pankowski Jr
    3. Kelly Scott Davis
    3 attorney answers

    The power of attorney drafted in the U.S. may not be valid in Israel. There is no requirement for another country to honor any document drafted elsewhere. To address your issues, you need to speak with an attorney in Israel. They will be able to tell you what you need to be a valid POA. You might be able to find an attorney there who can communicate with you online or through email.

    11 lawyers agreed with this answer

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  5. My spouse has another man and his children living in her house along with our own children, is this situation legal.

    Answered 28 days ago.

    1. James Donald Garrett
    2. Victoria Lee Allen
    3. Joseph Michael Pankowski Jr
    3 attorney answers

    You should speak with an attorney regarding the living arrangements immediately. Courts routinely place certain restrictions on visitation and custody which prohibit the parties from having overnight guests of the opposite sex while the children are present. You may also be able to amend your divorce complaint to allege adultery. The law in Virginia has no exception for separated couples in regards to adultery.

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  6. I received a summons for speeding on 495. There are mistakes on the summons. My copy isn't even signed. Will this hold up?

    Answered 29 days ago.

    1. James Donald Garrett
    2. Kenneth William Jacobson
    3. Timothy Kevin Wilson
    4. Andrew Stephen Roberts
    4 attorney answers

    The summons is just that, a summons to appear in court. It is not used as evidence in your trial. What matters is what he testifies to under oath. Any "mistakes" under oath may be cross-examined by you or your attorney. As for the signature on the summons, even if you had not signed anything, it simply is a promise to appear in court. Had he forgotten to have you sign the summons, it would simply prevent the court from issuing a warrant for your arrest for failing to appear (if the charge was...

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  7. What rights does the father have?

    Answered 28 days ago.

    1. James Donald Garrett
    2. David Michael Mccormick
    2 attorney answers

    Absent a court order to the contrary, the father is entitled to the same rights as the mother. He is entitled to love and support the child, participate in the decisions for the child, visit and nurture the child, and share a meaningful relationship with the child. This is not only his right, but the right of the child as well. If the mother believes the father to be a danger to the child, then she needs to seek the advice of a child custody attorney and file a petition for custody in court....

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  8. It's been 3 weeks since my car accident now I am realizing I can barely get out of bed and walk is it to late to sue

    Answered 28 days ago.

    1. James Donald Garrett
    2. Malik W. Ahmad
    3. Michael R Crosner
    4. Matthew C Simon
    5. Randy William Ferguson
    6. ···
    6 attorney answers

    No, you have up to two years to file for relief. You should contact a personal injury attorney immediately. There are links below for your consideration.

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  9. Does an occasional night under the same roof with no sexual relations effect waiting period for final divorce?

    Answered about 1 month ago.

    1. James Donald Garrett
    2. David Byron Bice
    3. Deborah Ann Johnson Wilson
    3 attorney answers

    No it does not. In fact, there have been case rulings on this particular issue where the couple did in fact engage in sexual activities on occasion, and that does not by itself "reset the clock", so to speak. The controlling factor is whether the couple intended to reconcile at any time during the separation period.

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  10. Can a DA drop charges at the arraignment hearing or after the hearing?

    Answered 3 days ago.

    1. Michael Charles McGinn
    2. Dana M Moss
    3. Justin Gary Hausler
    4. Andrew Michael Bonderud
    5. James Donald Garrett
    6. ···
    11 attorney answers

    Prosecutors have the discretion to drop a case at any time, and have a duty to do so when they do not have evidence to support the charge.

    13 lawyers agreed with this answer

    1 person marked this answer as helpful

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