Daniel Micah Blau’s Answers

Daniel Micah Blau

Raleigh Appeals Lawyer.

Contributor Level 10
  1. Federal Enhancement 924a

    Answered about 1 year ago.

    1. Daniel Micah Blau
    2. Craig A. Epifanio
    3. Anthony Michael Solis
    3 lawyer answers

    The "924" most likely refers to 18 U.S.C. 924, which is the federal statute that sets out penalties for certain types of weapons offenses. There are certain parts of section 924 that increase the mandatory minimum punishment for a crime. For example, if a person has a prior conviction for a using a firearm during a drug crime or violent crime, and then the person commits this type of crime again, there is an enhancement in section 924 that increases the person's minimum sentence to 25 years...

    8 lawyers agreed with this answer

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  2. I need a good lawyer to appeal a DWI conviction in Wake County court on July 8th. My court appointed lawyer was terrible!!!

    Answered about 1 year ago.

    1. Daniel Micah Blau
    2. Karl E. Knudsen
    3. Fred B. Amos II
    4. Ernest Clarke Dummit
    5. Mark J. Issa
    6. ···
    7 lawyer answers

    I'm sorry to hear about your DWI conviction, and that you have a difficult experience with your attorney. It's not clear if you lost in District Court and you need to appeal to Superior Court, or if you lost in Superior Court and need to appeal to the Court of Appeals. Either way, I'm happy to speak with you about the case. I practice here in Raleigh.

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  3. Early termination on unsupervised probation for DWI level 5 sentence

    Answered about 1 year ago.

    1. Daniel Micah Blau
    2. Ernest Clarke Dummit
    3. Allen C. Brotherton
    4. Raushanah Fadqua Rodgers
    4 lawyer answers

    I practice locally here in Raleigh. You can typically be terminated from probation early, so long as you have completed all of your probation requirements. So, for a DWI case, you must have paid your money, completed your jail time or community service, and completed your alcohol classes. If everything is done, the judge should be willing to terminate your probation early. You (or your attorney) can submit a motion to the judge asking that your probation be terminated, and the prosecutor...

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

    Answered 12 months ago.

    1. Daniel Micah Blau
    2. Blake Spale
    3. John M. Kaman
    3 lawyer answers

    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...

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  5. Am I responsible for knowing the speed limit?

    Answered 12 months ago.

    1. Daniel Micah Blau
    2. Kenneth Love Jr.
    3. George Wilmarth Nickel III
    3 lawyer answers

    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...

    6 lawyers agreed with this answer

  6. Stopped for going 84 in a 70 the officer said it was a warning but I have to go to court, what happens next

    Answered 12 months ago.

    1. Sarah Jessica Farber
    2. Daniel Micah Blau
    3. Kellie Chappell Gonzalez
    4. Leonard Roy Boyer
    4 lawyer answers

    If you have to go to court on the ticket, then it wasn't just a warning - he charged you with a traffic offense. Further, at a speed of 84/70, you will lose your license unless you get a reduction in the speed to some level under 80mph. DO NOT just pay the ticket off, because you'll be pleading guilty to 84/70, and your license will be suspended. Fortunately, this type of ticket should be relatively easy for an attorney to handle in court. Whether you need a prayer for judgment...

    6 lawyers agreed with this answer

  7. How can the state of North Carolina suspend a NC driver's license that I did not possess?

    Answered about 1 year ago.

    1. Daniel Micah Blau
    2. Josiah J Corrigan
    3. Raushanah Fadqua Rodgers
    3 lawyer answers

    If you miss court on a ticket in NC, our DMV will treat you as if you have a driver's license here. Your license, or "driving privilege," will become suspended. If you are caught driving in NC on a suspended license, you can be arrested and can actually receive up to 120 days in jail, depending on the circumstances of the case. Typically, your home state will also eventually suspend your license - this may not happen immediately, and sometimes it takes them a couple of years to realize that...

    6 lawyers agreed with this answer

  8. Two misdemeanor larceny (2011 &2013) in different states and need to renew my conditional green card

    Answered over 1 year ago.

    1. Alexander Joseph Segal
    2. Geoffrey Alan Hoffman
    3. Daniel Micah Blau
    4. Philip Alan Eichorn
    4 lawyer answers

    You can avoid the immigration waiver if you're able to get the criminal charge dismissed - and specifically, dismissed in a way that won't affect your immigration status. Even if you have a prior conviction, there may be ways a local criminal-defense attorney in Raleigh could help you avoid an additional conviction in this case. Criminal and immigration issues go hand-in-hand, but if you can fix the problem on the front end in the criminal case, you won't have to worry about it on the back...

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  9. My daughter was on her 1st year license and received a ticket for going 80 in a 60 what should I do?

    Answered 12 months ago.

    1. Daniel Micah Blau
    2. Mary Guy Mendini
    3. James Kevan Minick
    4. Anthony Michael Solis
    4 lawyer answers

    She definitely should NOT pay off the ticket. At a speed of 80/60, DMV will suspend her license if she is convicted, and your insurance will increase substantially. Because she has a provisional license, a conviction here may impact her ability to move up in the graduated-license system. However, there are ways an attorney may be able to help you resolve the case that can avoid an insurance increase or other consequences for her license. The best result depends on a number of factors,...

    5 lawyers agreed with this answer

  10. Am i considered a violent offender? My name is Brian Sean Mccloud in Raleigh, NC

    Answered about 1 year ago.

    1. Daniel Micah Blau
    2. Garland Franklin Byers Jr.
    3. James Regan
    3 lawyer answers

    I'm not sure what you mean by "violent offender." If you commit a felony in NC state court and you have prior violent felony convictions, the state can prosecute you as a "violent habitual felon," and you could receive a life sentence if convicted. If you are being prosecuted in federal court and you have prior felony convictions, you could be considered a "career offender" or an "armed career criminal," which would also increase your sentence. I would need to know more about your case, and...

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