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Tristan M Shaffer

Tristan Shaffer’s Answers

107 total


  • Can we request PTI for 1st offences without an attorney present? What are the chances he will give him PTI?

    !st offences ever. Concealed weapon, meds w/o an rx, and poss of marajuana under 20g. Charges are in FL but we live in SC.

    Tristan’s Answer

    Hire a local criminal defense attorney or request a public defender. Criminal laws and penalties change from state to state. Don't listen to people here in sc about whether you will get pti. Just because you may qualify for sc pri with those charges does not mean you will in florida. Talk to a florida attorney don't do it yourself.

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  • Is a mental evaluation mandatory before a defendent can proceed to trail on a murder charge

    Plead guilty to murder without being evaluated to see if were mentally able to be tried in the court on lawyers opioion that defendent was mentally sound

    Tristan’s Answer

    No, but if your attorney was aware of a history of mental or psychological issues you might have a pcr claim.

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  • If a trail counsel ordered a mental eval yet never disclosed the findings does that make it an ineffectve counsel claim

    Lawyer on a murder charge ordered a compentsie eval yet there is no record of said eval an the results wete never given to the defendent nor prosicuter does that mean that said eval never happened? Or is it a case of ineffective assitance because ...

    Tristan’s Answer

    I am assuming that the evaluation was ordered by the judge and that you were evaluated by scdmh in a non capital case.

    If you evaluated, you ineffective assistance of counsel (IAC) claim depends on what the evaluation say. If it said you were not criminally responsible then you would have a strong IAC claim. If it says you are fine then your IAC claim is weak unless you can get an independent expert to say otherwise. But if you were evaluated, you need to get a copy of the report. Write your lawyer and ask for a copy.

    If you were not evaluated try to get your pcr attorney to attempt to get an order.

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  • CAN I SUE FOR MY CHILD INJURIES IN FOOTBALL PRACTICE

    THE COACH,TRAINER NOR ANYONE KNEW HE GOT HURT & NO-ONE CALLED TO TELL ME ANYTHING,HE WENT TO THE NURSE THE NEXT MORNING TO REPORT HOW HE WAS FEELING SO THE NURSE CALLED ME TO TELL ME TO TAKE HIM TO THE E.R.

    Tristan’s Answer

    You might have a case worth pursuing it depends on how he was hurt and how bad his injuries are.

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  • What can I do now, leave public defender, hire a real attorney, or fly home asap and try to come up with money Im being charged

    i stole 6000$ from prev. employment, got accepted into pti, well as solicitor says. havent had first appointment date yet. I had an emergency family matter in virgina I had to take care of, a death in my family. So I missed my first appt. I tried...

    Tristan’s Answer

    Make sure you show up for court. If you hire a private attorney they might be able to work something out with your old employer to get them on your side. Once they are happy you can generally work something out with the solicitor that both of you can live with. A public defender might do that for you but it is unlikely. Call me if you would like to discuss it more 803-575-0384.

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  • My civil lawyer hired a psychologist expert witness who turned out to be incompetent, unethical and dishonest. My bill is $9K.

    The lawyer insists I pay the full amount of the bill out of my settlement in addition to the $12K for the replacement witness. I had no say in hiring the witness and since he gave a moronic deposition, had never done a deposition and was confused ...

    Tristan’s Answer

    Sorry but I am going to tell you what you don't want to hear. Talk to your lawyer. Honestly you probably don't have much of a fee dispute case. I am sure you signed a contract putting experts and expenses in your lawyers discretion. You aren't really disputing a fee from the lawyer you are disputing an expense he incurred. And from what it sounds like your attorney is a good lawyer and probably did a good job.

    My advice is don't expect to get the whole 9k back. Talk reasonably with the attorney and see if he will cut his fee to make up some of the loss. If your lawyehippy in the work and did a good job as an attorney I believe that you would be lucky to get anything from the fee dispute board. So talk to your lawyer and don't expect him to take the full loss.

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  • Can i sue the school district or the teacher and principal?

    My son has autism so he is in a class of 8 students with a teacher and teacher's aide. His teacher has been gone since november of 2012. We received a call from the principal march 28, 2013 that she witnessed his teacher poking forcefully her fing...

    Tristan’s Answer

    How was your son injured. You might be able to sue but the real question is, is it worth it. Lawsuits are expensive to bring. If your son was not really injured either physically or emotionally your recovery might not cover your expenses.

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  • Can a person in South Carolina file a subpoena for personnel records after being fired without cause without using an attorney?

    I left my previous job to work for a new company and in 4 months was terminated and am now unemployed. Company will not give me copy of my personnel file and said I need to subpoena them. Do I have grounds for a lawsuit when no specific details ...

    Tristan’s Answer

    You can't subpoena the records without first filing a lawsuit.

    I would consult a employment lawyer about whether you have a case.

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  • Wrongly accused and arrested for criminal domestic violence!

    I was wrongly arrested (not even read my rights) while husband talked to the police and lied, I was hiding in bathroom. I have a broken nose! They believed him and now I'm charged! I had to go to jail. I am a professional and can not be charged wi...

    Tristan’s Answer

    I am sorry to hear about that. First photograph your nose and any other injuries. I would recommend hiring a good criminal defense attorney in your area. You might also consider seeing if your local womens shelter offers counseling. I know in Columbia that having sister care on your side makes a big difference with the prosecutor.

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  • My wife went to visit an old friend. That friend we both know did not have any prior convictions. Although his father does.

    Well cops raided the house and found crack cocaine and a concealed weapon. I know that my wife does not mess with things in that nature. WHat advise can you give me if no one owns up to the drugs and gun.

    Tristan’s Answer

    Technically, if she did not know about the drugs or if she did not have the ability exercise control over the drugs then she is not guilty. That being said they generally charge everyone in the house. She should definitely hire an attorney or request a public defender.

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