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Seth A. Blum

Seth Blum’s Answers

778 total


  • What happens when you go to trail

    If i turn down a plea deal

    Seth’s Answer

    Without knowing anything about your case, I can say with great confidence that you would benefit from speaking to a lawyer about your case. An experienced attorney will help you evaluate your options and decide on the best strategy for your individual situation. Often defendants who go to trial and lose get punished more severely than similarly situated people who plead guilty because judges reward defendants for not "wasting" court time on a trial. Said as gently as I can, your variant spelling of "trial" is pretty good evidence that you have limited experience with the court system and could use a guide.

    You may be able to convince someone to give you an initial consultation for a small fee or even no fee. Please don't try to do this on your own. You are out of your depth.

    For a video on the importance of having a savvy advocate in her corner, please click on the link below:
    This is no place for amateurs. Hire a lawyer.
    Raleigh Criminal Lawyer
    http://www.kurtzandblum.com/CM/Custom/TOCCriminalDefense.asp
    http://www.kurtzandblum.com/bio/SethBlum.asp

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  • I have a speeding ticket for doing an 84 in a 65. What would I expect to pay in court cost and fines?

    I will go to court on June the 26th.

    Seth’s Answer

    Court costs are $188. The fine will probably be $25 or less. I urge you to consider hiring a lawyer, though, as the real cost will be the three year long increase in your insurance, which an experienced lawyer may be able to avoid.

    Take a look at this video for a more full discussion of the necessity of a lawyer for a speeding ticket:

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  • Can I press charges against my soon to be x-wife for fraud?

    She took my SS# and got credit cards in my name, she stole my checks and wrote bad checks off my checking account. What can I do????

    Seth’s Answer

    Contact the police or a magistrate with the proof that she did this. She is committing the felony of Identity Theft/Fraud, a Class G felony carrying up to 56 months in prison.

    For some information about white collar crimes, click on the link below:

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  • CAN I BE CHARGED AND CONVICTED OF RAPE JUST BECAUSE THE VICTIMS SAYS SO?

    A GIRL I WAS SEEING RANDOMLY SAYS ONE DAY THAT I RAPED HER, NOT SURE WHY BUT IT WAS AFTER WE SEPERATED, CAN I REALLY BE CHARGED AND CONVICTED OF RAPE IF THE SEX WAS CONSENSUAL WHAT EVIDENCE DO I NEED TO PROVE MY INNOSCENCE. HELP!!!!

    Seth’s Answer

    Yes, absolutely. Frequently, the testimony of a complaining witness is the only evidence offered in cases like yours. A conviction for second degree rape would carry a minimum sentence of 44 to 62 months in prison if you have no record.

    You need a lawyer right now. Say nothing to anyone other than your lawyer. Do not proclaim your innocense to the police. Anything you say will be twisted and used as evidence against you. You need an experienced criminal defense attorney in your corner. This is a deadly serious charge and you are at real risk.

    For a video on defending against sex crimes click on the link below:

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  • Can you get a first time offense shop lifting of less than $100.00 off of a record

    my step daughter which turned 18 in oct. and is a senior in high school got caught shop lifting at walmart. Is it possible to get this off of her record because of going to college? She was with some friends the wrong ones and they talked her into...

    Seth’s Answer

    Probably. You should consider having a lawyer help your step-daughter with the case for several reasons. First, while she may be eligible for a First Offender Program, it may not be the best way to handle the case. A lawyer will be able to evaluate the specific facts of the case to determine whether the State can prove the case against her. If not, it may be possible to beat the case at trial or to talk a prosecutor into dismissing the case without having to go to trial. This would save her from the time and expense necessary for successful completion of the First Offender Program.

    Second, even if the State can prove the case, it may be possible to work out an agreement without her having to complete the formal First Offender Program. This would probably mean having to stay out of trouble and do some community service, but less than the 75 hours that would be required for the formal program. It would also mean that she would not have to pay the significant fee that the formal program requires.

    Finally, if anything were to go wrong while your step-daughter is on deferral (new charges, failure to complete the community service on time, or any other unforeseen issue), she would have no idea what to do. An experienced criminal defense attorney can guide her through those situations with far more grace and ease than she would be able to muster.

    For a video on the importance of having a savvy advocate in her corner, please click on the link below:

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  • Can I file police charges for harassing emails from someone living outside the USA?

    The other day I received an email calling me names, insulting me, etc. Also said that she looked me up on the internet background check & found out that I had a criminal record. But this person did not threaten me physically or threaten to tell an...

    Seth’s Answer

    Calling you names and insulting you is not a violation of any law of which I am aware. There is nothing for the police to do. Even if it were, the police would probably not be able to get to her physically to arrest her. I doubt the police would or could do anything.

    You can sue anyone for anything, but there are some big problems with trying to sue the person that you suspect for sending these emails. First, you don't know with certainty who sent them. A tech savvy lawyer may be able to help you get past this hurdle. Second, you would have some trouble getting her served. Third, you would have the challenge of showing a court in the US that is has jurisdiction over her (though you may be able to over come this one with some effort). Finally, and possibly most importantly, you are going to have trouble showing that you were damaged in a significant way by the emails. I understand that you are annoyed and upset, but there is probably not worth very much to a jury that will be upset about being dragged into court or jury duty. You may prevail, but you will not make any money off it. As a result, you will have a hard time finding a lawyer willing to take the case on contingency. This means that in order to sue, you will have to pay a lawyer out of pocket, which can be EXTREMELY expensive. If you are suing out of principle, simply to teach the sender a lesson and pay her back for making you upset and if the cost is not a consideration, please feel free to call my office. If you are considering doing this as a money making venture, you probably need to reconsider.

    My advise would be to block the email address, delete her emails, and focus some positive aspect of your life.

    I hope this helps.

    For a video on the importance of having a tech savvy lawyer, please click on the hyperlink below:

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  • Walked out of Target unknowingly not paying for some items What should I do now

    On Monday, I was on my cell phone and sat down in the "food" area to talk. I got up and walked right out the door unknowingly not paying for the items I had. To make matters worse, I have been on medication and I am a little out of it. Anyway, ...

    Seth’s Answer

    It seems to me that you have two options. One is to do nothing. It is likely that no one noticed. After a month or so, the video, which almost certainly exists will be either discarded or recorded over and any evidence against you will be gone. Security is not likely to go through the video recordings without some reason to look and even if they did, this sort of theft would be tough to catch. You have probably gotten away with this. If you are caught, you would be wise to make no statements and to call a lawyer as soon as possible. You did not say so in your question, but if you have a clean record, it is likely that a lawyer would be able to help you get into a First Offender Program so that this incident can be kept off your criminal record. I can tell you more about that if you are interested.

    Your second option would be to go to Target and fess up. You can explain your error and throw yourself on the mercy of their management. There is no way to know what they would do. Ideally, they would accept your explanation and apology, but they might call the police and have you charged with larceny. If that did happen and if you have a clean record, then the First Offender Program would probably be available to you, but it is expensive and time consuming.

    This is the limit of what legal advise can offer. The rest is up to you. If you cannot live with yourself knowing that this happened, go talk to Target. There is no wrong answer. This is a personal choice.

    I hope this helps!

    For a video on what to do should the police come knocking at your door, please click on the link below"

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  • Is speaking directly with opposing counsel during settlement negotiations dangerous despite a strong confidentiality agreement?

    I've found myself in a bit of a mess separating ownership of three LLCs that I operate with two of my best friends, one of whom wishes to move on now and is only speaking through their lawyer. I presume I'm well covered by the following agreement ...

    Seth’s Answer

    You need a lawyer. Your question is so shockingly naive and wrongheaded that it is hard to know where to start.

    The lawyer for the opposing party is absolutely going to use the things that you say against you both in the negotiation and in court. That is his/her job. Even without revealing anything that should not be revealed, the lawyer is going to use the information that you share to hurt you. You are setting yourself up to get eaten alive.

    This is no place for amateurs. Hire a lawyer.

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  • Can i be convicted of aggravated child molestation if the victim says it happened over 8 years ago

    didnt happen and no evidence exists to support her claim

    Seth’s Answer

    There is no statute of limitations for felonies in North Carolina. The 8 year delay is not a legal barrier to the charges being brought. The fact that 8 years have gone by may make it impossible as a practical matter for a prosecutor to find credible witnesses and other evidence needed to prosecute the case, so in that way, time is on your side. If the case is brought, the complaining witness will need to explain the long delay in bringing the charges. There are some tough hurdles the prosecution would need to surmount, but they are not a guarantee by any means that the charge will not be brought.

    For a video on defending against sex crimes, click on the link below:

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  • Underage drinking tickey

    hi, i just recentely got an underage drinking ticket last week. the cop who issued me the ticket was suppose to give it to me on monday after my classes, but he never did so i am kind of worried, because it is almost 3 dasy now, and they havent ca...

    Seth’s Answer

    I am not a Wisconsin lawyer, but it seems to me that if the cop did not give you the ticket, you are not served. If you are not served, I don't see how you could be responsible for defending against the charge, know what the charge is, or even knowing when to show up in court. Maybe the cops changed his mind. If he wants you, he'll find you.

    I hope this is helpful. Best of luck!

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