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David O. Schles

David Schles’s Answers

3 total

  • I was reading the newspaper and 25 year old man raped a 16 year old girl and was charged with one fenoly count of third degree

    Sexual assult and one fenoly count of solicting a minor with a computer His bail was set at 50,000 dollars and his lawyer asked the judge that his bail be reduced since his family couldn't afford to pay it the judge reduced it to 20,000 can they r...

    David’s Answer

    Yes, the severity od the crime charged is one factor a court should consider in setting bond, but other factors are also considered. A person is not detained pending trial as punishment because at this stage the person is presumed innocent. The primary purposes of bond are to ensure the person appears in court and does not commit any wrongdoing while released. A person's financial situation is a factor a court should consider in setting a reasonable bond.

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  • I have 3 felonious. Can I still petition the court to be able to purchase a hand gun

    3 felonies

    David’s Answer

    Under West Virginia Code § 61-7-7(c), persons prohibited from possessing a firearm under § 61-7-7(a) (due to felony or domestic violence conviction) may petition the circuit court of the county in which they reside to regain the ability to possess a firearm “if the court finds by clear and convincing evidence that the person is competent and capable of exercising the responsibility concomitant with the possession of a firearm,” and if possessing a firearm does not violate federal law.

    However, because felony offenders remain subject to federal disqualification they are also ineligible for the State judicial restoration procedure.

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  • Do I need a criminal attorney

    I've a customer of rushcard since 2011. On the 12th of September 2015 they locked my account without notification due to suspicious activities. At the time I had no funds on the card. On the 24th or 25th of September 2015 I loaded $260.00 onto the...

    David’s Answer

    Criminal defense attorneys represent people charged with or suspected of committing a crime. From what I gather your problem is that you believe the company owes you $260 because you paid that amount and cannot use your card. That would be more of a consumer law or consumer credit matter. Frankly, $260 is not enough money to hire a lawyer to fight about. You may want to contact the consumer protection office of your state or local government for assistance or possibly Legal Aid.

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