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Todd F. La Neve

Todd La Neve’s Answers

283 total


  • How do I get a parolee to stay away from a co-defendant?

    My fiance is at my home on parole. He is not to have contact with the co-denfendant in his case. He spent 3 yrs in a wv state prison and was released on parole in May 2014 with strong stipulations to not be around this guy or drink any alcohol. Th...

    Todd’s Answer

    Most parole terms and conditions in West Virginia include a provision that someone on parole is not permitted to associated with "persons of disreputable character" while on parole. This generally includes other felons, among other broad categories of people. The prior post is correct that your boyfriend needs to address this himself - you can't do it for him if he doesn't want to do it for himself. His choices may well have consequences, which could include a delay of your wedding date if he gets sent back to prison, which is a real possibility if he is found to have violated his terms and conditions.

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  • If my daughters stepfather is caught drinking and driving with them in the truck and their mother is in, is this neglect.

    My daughters stepfather is always drinking and driving with my very young daughters in the truck and when they go to camp he always pulls a huge trailer with a side by side and 4 wheelers on it.My ex wife let's him do this. I mentioned this she sa...

    Todd’s Answer

    As you were already told in the prior answer, drinking and driving can be the source of a serious criminal charge. However, there must be a demonstration that the driver is actually over the legal limit or that he is otherwise impaired by alcohol even if he is under the limit. If your ex is in the vehicle with the kids when this happens, there is certainly a chance that she could be charged with criminal child neglect. However, if you know for a fact that this is happening and have done nothing to stop it, you may also face a charge. As for your ex's father, he could face a charge of DUI with a child under 16, a misdemeanor with potentially serious jail and license consequences. Be mindful of your own risk, though, and report this if you have evidence to actually back it up.

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  • How do I get my public pretender to make the state stop continuing my case???

    The first time it was continued for lack of witness, For a domestic. The second time I went to court they tried to put me in jail, saying that I am still living with the witness. (They were going on "Here Say"). Now they have continued it again, b...

    Todd’s Answer

    Sorry to hear about the difficulty you've had in getting your case to a resolution. There are certainly legitimate reasons for continuances, but sometimes it does take a little bit of a push to get lawyers to step up and take a stand against the court and prosecutor. In your situation, unless a jury trial was requested within 20 days of your arraignment, you have lost the right to a jury trial and will be only able to have a bench trial, which is just a term for a trial by the magistrate without a jury. The one good thing about a bench trial is that if you lose, you have an automatic right to appeal to the Circuit Court where you get a brand new trial before the circuit judge. While it will also be a bench trial, you have the opportunity of presenting your case to a judge who is actually a lawyer and who may take a different view of the case, including the fact of so many continuances by the state. Good luck.

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  • DO YOU LOOSE YOUR LICENSE (INSURANCE LICENSE) FOR A MISPRISION OF A FELONY

    I HAVE BEEN CHARGE FOR MISPRISION OF A FELONY, 3 YEARS PROBATION AND 6 MONTHS NOME CONSIGNMENT, I KNOW THIS CHARGE IS A FELONY BUT DO I LOOSE MY LICENSE.

    Todd’s Answer

    I'm not sure I understand your question. If you are wondering about an insurance license (broker, etc.), each state has licensing authorities that determine who may hold such licenses and there are also various federal requirements to possess such a license. In many cases, a felony conviction can impact your ability to hold such a license. If you are talking about a driver's license, a felony conviction will most often lead to suspension of that license for a specific period of time.

    You should clarify your question so a TX attorney can offer you a more detailed answer.

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  • I missed a felony dui court date back in December 2008.

    Sometime back in 2008, I appeared in court for a felony dui and the Judge dismissed the case with-out prejudice. I was parked, inside of a bar drinking alcohol and the bar tender held on to my car keys but 2 officers showed up and gave me a field ...

    Todd’s Answer

    I appreciate your concerns about the financial angle involved with your situation, but this is far too serious to ignore. There is likely a warrant for you in the national crime database, meaning that if you encounter a police officer it's quite possible you'll be arrested and held for return to HI to face the charge. You may want to follow the advice already provided and call an attorney in HI for guidance on what to do. Many provide free consultations. You may also qualify for court appointed counsel which would ease the worry about having to pay an attorney for his/her services. Don't waste time on this very serious situation - deal with it while you are still free to do so.

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  • How do I keep my daughters father from getting custody when he is a drunk and cocaine dealer but I have no proof?

    I am so fearful of her father getting custody because he has not only put his hands on me but has also raped me. I have no proof of this and I am afraid they will grant him custody because they can not find a reason not too. He has two DUIs and do...

    Todd’s Answer

    You need to work on getting proof of those very serious accusations. If you have anything credible to back up your concerns, you may even want to consider making a report to your state's child protective services agency.

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  • I am on informal probation for a dui, and recently got a drunk in public, what am i looking at when i go to court?

    I was a block away from my house. And the police drove me home.

    Todd’s Answer

    As you have already been informed, an arrest while on probation can create some very serious problems, including possible revocation of your probation and imposition of the original sentence for which you were put on probation. Follow the advice of Mr. Chambers and consult with an attorney right away. If you already had an attorney for your case that led to probation, get back in touch with him/her.

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  • I had a blood draw for driving irratically. It says on my summons 0.08 grams, but I haven't had any alcohol since 1970!

    I wasn't arrested, and I admitted to taking prescribed pain meds per drs orders. I don't know what to do to being accused of drinking

    Todd’s Answer

    Blood analysis in impaired driving cases is prone to numerous types of errors. An experienced UT attorney can help you identify if any of those errors exist in your case and then prepare a defense to them. There are different types of blood analysis performed in these cases and that is one aspect of building your defense as each has its own set of potential errors. My friend Glen Neeley, who already gave you some things to consider, is an outstanding option in UT and I recommend you contact him. Get an attorney right away so you don't miss out on any opportunity to defend yourself.

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  • If you are aprroved for incapable status with WV DMV for the interlock program, when does the 6 month suspension start?

    I recieved my 45 day suspension in april of 2013. As of today I'm still suspended due to moving and car problems. I was told by dmv I had no other choice but to get a new car and request an out of state form for interlock program. I just got a ca...

    Todd’s Answer

    I agree with Harley's answer. You are officially suspended in the DMV computer system and that time should absolutely count toward your six months. As soon as you are granted incapable status, your "clock" should begin running starting back on the date you were first suspended, meaning you should be done with your license penalty as long as you also pay your reinstatement fee to DMV.

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  • Getting into Canada with an 11 year old DUI?

    I was convicted of a DUI misdemeanor in 2001 in the state of Florida. Probation served, fines paid, no jail time. All over by 2002. No prior or new convictions since. Can I get into Canada with only my Driver's License and US Passport? Some backgr...

    Todd’s Answer

    While an immigration attorney would be able to provide you with sound advice, my experience with this issue suggests that after 10 years have elapsed, the ability to enter Canada is generally much more likely. During the first five years, there is almost no likelihood. During the second five years, you may petition for entry, but the process is burdensome, slow, and uncertain. After ten years, as I suggested, the task may be far more realistic. Contact the Canadian Consulate for more guidance.

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