William Robinson Heroy’s Answers

William Robinson Heroy

Charlotte Criminal Defense Attorney.

Contributor Level 6
  1. Miranda rights

    Answered over 2 years ago.

    1. William Robinson Heroy
    2. F. "Bill" William Powers
    3. Robert C. LeBrasseur
    4. Robert David Richman
    5. Benjamin J Lieberman
    5 lawyer answers

    Miranda rights would only make a difference as far as whether a confession or other statements would be admissible against him. Generally government agents will identify themselves, but depending on the circumstances, it may not be safe or practical for them to do so. It is unlikely, however, that a failure to announce would render his arrest invalid.

    4 lawyers agreed with this answer

  2. What should be the outcome of a domestic violence case & what impact does it have on the GC status and citizenship application

    Answered over 2 years ago.

    1. William Robinson Heroy
    2. Deborah Lynne Karapetian
    3. J Charles Ferrari
    4. Marc Damien Sean Taylor
    4 lawyer answers

    A domestic violence offense can render you deportable, depending on the specifics of the charge. If you are convicted, and it is a DV offense that is considered a deportable offense, you can be placed into removal proceedings before an immigration judge. A deferred prosecution agreement where you admit the elements of the offense could also trigger the same consequence. You need to run any plea by an immigration lawyer before you accept it to cover yourself.

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  3. Need a Lawyer for a federal criminal charge appeal ?

    Answered over 1 year ago.

    1. Raymond George Wigell
    2. Mark Allen Yurachek
    3. Roger Scott Jr.
    4. Majid Vasigh
    5. Joshua Sachs
    6. ···
    7 lawyer answers

    He cannot appeal until after sentencing. If there are issues with the conviction, he may be able to file a motion for judgment of acquittal with the judge who heard the case.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. What is the correct circuit court of appeals?

    Answered over 1 year ago.

    1. Alexander M. Ivakhnenko
    2. William Robinson Heroy
    3. Susham Mahendra Modi
    3 lawyer answers

    The appeal would need to be brought in the 5th Circuit, which is the circuit which hears claims from the immigration court in Louisiana. One thing to bear in mind is that you do not get an automatic stay in appeals to the circuit court like you did for the BIA.

    3 lawyers agreed with this answer

  5. MY FRIEND IS BEING CHARGED WITH ACCESS DEVICE FRAUD,CONSPIRACY TO COMMIT WIRE FRAUD ANDAGGRAVATED IDENTITY THEFT HOW MUCH TIME?

    Answered over 2 years ago.

    1. William Robinson Heroy
    2. Michael David Siegel
    3. Richard C. Southard
    4. Robert David Richman
    4 lawyer answers

    You can get a rough idea by looking the U.S. Sentencing Guidelines (http://www.ussc.gov/guidelines/2011_Guidelines/index.cfm) to figure out his offense level and then looking at the sentencing tables. There is a section on fraud. Much of it depends on the amount of money involved and number of victims. Also, aggravated identity theft has a two year mandatory minimum sentence. It is only a rough idea because the sentencing judge can vary from the tables.

    3 lawyers agreed with this answer

  6. How can a aggravated felony be challenged from twenty years ago? MAR, reopening, overturned? Is it possible

    Answered over 1 year ago.

    1. William Robinson Heroy
    2. Damon John Chetson
    3. Andrew Nicholas Clifford
    3 lawyer answers

    A MAR is a possibilty if there is some problem with the underlying conviction. There is no way to know the chances of it working without reviewing the case file. If it was 20 years ago, you may be eligible to apply for a 212(c) waiver if you were ever placed in removal proceedings. If granted, it would allow you to remain legally in the United States.

    1 lawyer agreed with this answer

  7. Is any chances to get asylum when you appeal? most of the people says its impossible, there is no chance to get it?

    Answered almost 2 years ago.

    1. William Robinson Heroy
    2. Andrew Nicholas Clifford
    3. Kyndra L. Mulder
    3 lawyer answers

    Unfortunately, your friends are mostly correct. Most of the time, the Board of Immigration Appeals will do the exact same thing as the immigration judge. It is an uphill battle, but it does happen on occasion. However, you can obtain an automatic stay of removal, which prevents you from being removed during the appeal process (1.5-2 yrs.). If the Board denies the appeal, and you feel there is an issue the Board did not give sufficient weight to, you can take it to the Courth Circuit Court of...

    1 lawyer agreed with this answer

  8. Can you be charged as a habitual felon if one of your charges, was when you were under age?

    Answered over 2 years ago.

    1. William Robinson Heroy
    2. F. "Bill" William Powers
    3. Harry Edward Hudson Jr
    3 lawyer answers

    Yes, he can still be charged as a habitual felon in NC if one of the charges occurred when he was under 18. Under the habitual felon statutes, an individual can be tried as a habitual felon when he has three underlying felonies, and two out of the three occurred when he was 18 or older.

    1 lawyer agreed with this answer

  9. Can you be charged with possession of c/s if the drugs was found not on you but on the ground near you?

    Answered over 2 years ago.

    1. Robert David Richman
    2. Harry Edward Hudson Jr
    3. F. "Bill" William Powers
    4. Robert C. LeBrasseur
    5. William Robinson Heroy
    5 lawyer answers

    Yes, he can be charged under the theory of constructive possession--meaning that he had the ability to and did exercise control over the drugs. He may have a defense if there were others around the drugs, whether he had been seen with them or throwing them down, and other factors. If you are doing internet research there was a case decided earlier this year by the court of appeals on constructive possession titled State v. Cox, COA11-609 where possession charges were overturned based on...

    1 lawyer agreed with this answer

  10. Will i serve jail time, will petty theft be on my permanent record in the state of nc , Do i need a lawyer, can this exsponged

    Answered over 2 years ago.

    1. William Robinson Heroy
    2. Seth A. Blum
    2 lawyer answers

    If you are convicted, the charge would remain on your permanent record. If the charges are dismissed and you have an otherwise clean record, you would probably be able to expunge the charges. A lawyer would be helpful in dealing with the charges. If you cannot afford one, you could ask the judge to appoint one for you at your first appearance.

    1 lawyer agreed with this answer

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