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Daniel Micah Blau
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Daniel Blau’s Answers

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  • My Bf Was Arrested For One Count Of Armed Robbery With A Dangerous Weapon Bond Of 100000 And This Is His First Offense

    And iWant To Know How Many Months Can He Get From That , He Didnt Do Anything But Stand There Tho , Can Someone Help Me Pleasee ...

    Daniel’s Answer

    I'm very sorry to hear about the charge. If he were convicted of armed robbery, he would probably end up with a sentence somewhere around 5 years. The minimum would be just over 3 years (38 months), and the maximum would be 9 years (108 months). Even if this is his first offense and he wasn't a major participant, he could still be looking at jail time, even if the DA's office reduces the charge. This is a very serious case, and he needs an experienced defense attorney to advocate strongly on his behalf.

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  • Is """"conspiracy"""""" to commit arm robbery consider as violent crime ?????

    I didn't have anything to do with it, I just, if you want to say, know about it.... I did all my time and completed three years of probation and paid $5000 in fees

    Daniel’s Answer

    The answer is probably yes, but it depends on the context. Many times, you can face increased punishments for crimes if you have been convicted of a "violent" crime or a "crime of violence" in the past. In these types of situations, it depends on how the relevant statute defines a "crime of violence." Armed robbery would certainly be considered a crime of violence. Conspiracy to commit armed robbery is typically considered a crime of violence, but again, it would depend on the specific context, and I would need more background on why you're asking the question.

    If you're just asking as a general (non-legal) proposition if conspiracy to commit armed robbery is a violent crime, then that's up for some debate. Most people would probably say yes, but if the robbery was never actually carried out and no one was robbed or threatened, then some people may not view that as a crime of violence.

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  • My mom was sentenced to 60-81 for 3 class c obt. property combined to 1 sentence. She had no record. Why not 44 mos?

    3 class c and 3 class h. She had no record prior. She completely cooperated w/ the SBI, yet she wasn't given the lowest sentence of 44 months. What happened?

    Daniel’s Answer

    I agree with Mr. Barrington. Unless your mother had a specific plea agreement with the State where she pled guilty in exchange for receiving the lowest possible sentence, the judge had the discretion to impose whatever sentence he/she felt was appropriate. Given the amount of money involved (over $100K, since it was a Class C), the judge may have felt that a 44-month sentence was too lenient, despite her cooperation.

    If she did have a plea agreement in place for 44 months, and the judge did not honor the terms of the agreement without giving her a chance to renegotiate with the State, your mother may be able to appeal her conviction and sentence to the NC Court of Appeals. You should consult with a criminal appellate attorney to determine whether an appeal might be warranted in this situation.

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  • Will i be faceing anytime with a mismendor assault with a deadly weapon and injury to personal property ?

    Clean background first time felony

    Daniel’s Answer

    I'm sorry to hear about your charges. I'm a little confused because you identify your charge as a misdemeanor, but then say that it's a "first time felony." For purposes of my answer, I will assume that you're only charged with misdemeanors.

    If you have no prior record, then on the injury to personal property charge, you can only receive probation - the judge is not authorized to put you in jail (unless you later violate your probation). However, because the assault charge involved a deadly weapon, you can receive up to 60 days in jail, even with no prior record. Of course, you could also receive probation or some other disposition that does not involve jail time.

    You should certainly consult with a defense attorney here in Wake County as soon as possible. Although these are misdemeanors, the assault charge is very serious, especially if it's a case involving domestic violence. If the charges are actually felonies, the situation is even more serious. You may be facing a significant amount of exposure in the criminal-justice process, and you really need an advocate to help protect your rights. This may include trying to negotiate a resolution that keeps your record clean, or even helping you plead "not guilty" and fighting the charges at a trial.

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  • I got a drinking citation and a breaking and entering citation.

    I was really drunk and I did this out of stupidity. Can I get it dropped? Should I consult a lawyer? I knew the cop so he didn't arrest me instead he gave me citations.

    Daniel’s Answer

    You should speak with a local attorney here in Wake County to go over the case in detail and explore your options. If someone has no prior record, our local prosecutors will typically give you the opportunity to participate in some type of first-offender program. This may involve the person doing community service or taking alcohol-education classes in exchange for dismissal of the charges.

    However, if the building you broke into was a residence, you won't be eligible to participate in that program. They take residential B&Es very seriously, even if it's only a misdemeanor. In that case, your attorney can help you work out a different deal with the prosecutor that will hopefully lead to the same result - dismissal of the charges, which can then be expunged from your record. So long as the facts of the case aren't that bad, your attorney should be able to find at least one prosecutor who would be willing to offer you a reasonable outcome.

    You should certainly hire a lawyer to help you with this case, especially if the B&E involved a residence. If you don't have a lawyer, the prosecutor may simply tell you that you're not eligible for the deferral program, and you may feel like you're being forced to plead guilty. Even if the B&E was not of a residence, a lawyer can make this process 100x easier and less stressful, and you can be sure that you're going to achieve the best possible result in the case.

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  • How can I get a (failure to stop at a stop sign and failure to sign registration card) traffic ticket reduced or dismissed in NC

    This was my first traffic ticket ever.

    Daniel’s Answer

    I practice locally here in Raleigh. If you sign the registration on your car, the prosecutor's office should dismiss the registration charge. The stop-sign ticket is more complicated. Our prosecutors typically will not reduce or dismiss those charges, meaning that you can either plead "not guilty" and fight the case, or plead guilty and try to minimize the consequences for your license and insurance. So long as your prior driving record isn't bad - and no one else on your policy has a bad record - there are probably ways to resolve the case without it affecting your insurance. An experienced traffic lawyer can look at your record and help you decide on the best possible course of action.

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  • Am I responsible for knowing the speed limit?

    On September 5, 2013 at 2:36PM I was pulled over for going 48 in a 35 School Zone. My area of concern is with my knowledge of the speed limit, being where the exit to the school is located. The road I turned left onto is typically a 45 MPH road, b...

    Daniel’s Answer

    Typically, you are responsible for knowing the applicable laws wherever you are. However, when dealing when school zones (and other types of special traffic zones, such as work zones), the relevant statute specifically says that the lower speed limit is only effective if signs are posted giving the appropriate notice. If the state has erected the signs in such a way that you did not have a chance to see them before being pulled over, you may have an argument that you are not guilty because the state didn't provide you adequate notice of the speed restriction. (Well, you'd still be guilty of 48/45, but that's a different matter.) The statute only requires that notice be posted, not that you had ACTUAL notice, so there's some ambiguity there.

    Either way, so long as your prior driving record isn't too bad, there should be a way that you can handle the ticket (whether it's 48/35 SZ or just 48/45) that will prevent an insurance increase. You should consult with a local attorney here in Wake County to determine the best way to proceed.

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  • How would I press criminal charges against my spouse getting into my email, without my knowledge, and printing emails.

    I think he additionally broke into my facebook account to send a friend request to himself under my name. He spent numerous hours looking through my email account, printing numerous emails over the course of a 6 hour period. He stated that I left ...

    Daniel’s Answer

    • Selected as best answer

    Mr. Kaman does not practice in North Carolina, so he may not be familiar with our state laws and local practice. I practice here in Raleigh and can help answer your question in a more informed way.

    In North Carolina, it is a crime for someone to access a computer without authorization for any purpose. This is a Class 1 misdemeanor, which is punishable by up to 120 days in jail. There is also a lower-level offense called "computer trespass" which prohibits someone from using a computer to do certain things, including making copies of any electronic computer data, which could include emails, etc. This is a Class 3 misdemeanor, which is punishable by up to 20 days in jail.

    If this happened recently and you just discovered it, you should call the non-emergency police number and file a police report. If the police won't take the report or refuse to charge your spouse, you can ask a magistrate judge to initiate the criminal charge, instead of the police. This may or may not work, but the magistrate typically will not issue the charge unless you try to file a police report first.

    Sometimes, it can be helpful for a crime victim to speak with a lawyer before trying to navigate the criminal-justice process. You have certain rights in the system, and it can be helpful to have someone on your side who represents your interests.

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  • Is there a way for me to obtain my ODL in Raleigh, NC when my DL is suspended in my current state of TX?

    My DL is suspended for DWI in TX until 4/2/2014 and no ODL is allowed in the interim. I am seeking any way to legally drive in NC until the aforementioned date at which time I will be able to obtain my full DL. My new job in NC requires a DL in NC.

    Daniel’s Answer

    It may be possible for you to get a limited driving privilege in NC that will last you through 4/2/14 when the TX suspension ends. Assuming your TX suspension is for DWI, you will have to meet a number of criteria to get the privilege here; for example, you will have to demonstrate that you are properly insured, you will have to complete an alcohol assessment, etc. Under state law, the clerk's office will charge you $250 in costs to issue the privilege. If you've never had a NC license, however, this may complicate things. You should consult with a local attorney to determine whether you are eligible for a privilege.

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  • Hi! I'm been sue for supposedly trying to give alcohol to a minor, which is false but I have no idea what to do. Can you help?

    I need help please.

    Daniel’s Answer

    • Selected as best answer

    As the previous attorney noted, it's not clear whether you've been charged with a crime, or whether you are being sued in civil court will giving alcohol to a minor. However, for the purposes of my answer, I am going to assume that you've been charged with a crime.

    Providing alcohol to a minor is a misdemeanor offense. Depending on your record and the circumstances of the case, it may be possible for an attorney to work out a deal for you that will ultimately result in dismissal of the charges. However, the prosecutors here in Wake County treat these types of cases very seriously, and may not be willing to negotiate with you. This is especially the case if anyone was hospitalized or injured as a result of consuming the alcohol, in which case you could be charged with more serious felony offenses.

    If the charges are false, you have the absolute right to plead "not guilty" and fight the charges. The State has to prove you guilty beyond a reasonable doubt. You can present your own evidence, and can testify yourself, if you so choose. A local attorney can help you evaluate your case, determine the best way to proceed, and help you fight the charge.

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