Daniel Eliot DeWoskin's Answers

Debt collectors & court

I would demand a verification before doing anything to settle this claim. Also, if the party sending you a letter is not the credit card company itself, them the chances are the debt has been bought by a third party that may have great difficulty proving the debt. There are likely serious violations of the fair debt collection practices act as well. Be cautious about ANY proposed resolution and contact qualified counsel so that you do not compromise any claims in trying to address the problem.

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What are the chances of winning this case? Any pointers? "Failure to Obey Traffic Control Device"

Your chances of success are outstanding if the officer who cited you fails to appear. This may sound condescending, but it is not intended to be so. Many, many cases in the city of atlanta municipal court are resolved favorably to defendants when police officers fail to appear for trial and the case must be dismissed. If the officer shows up, it all depends on whether or not his testimony is accurate and how you about making out your case. The judge in this situation not only has a great...

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Can I plead not guilty?

You have not only a right to plead not guilty to the charge, but you can even demand a jury trial on the case. This may seem like it is blowing the case out of proportion and it can draw more attention to your case than you want to draw. However, there is the possibility that the prosecutor will be more willing to work with you on the charge if there is more work involved for him/her. Depending on whether or not you are in recorders court or state court, or perhaps even a municipal court,...

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I received a section 40-6-181 ticket that says "Super-Speeder" on it in Dekalb Co. Do I need to go to court or can I pay online

The "super speeder" designation is a fine enhancement, but you should definitely appear in court as you may very well be able to have it reduced or handle the matter more favorably for your driving record and your wallet. The prosecutors there tend to be very even-handed and pleasant to deal with. There are many ways that the citation can be resolved and your appearance will drastically improve your ability to get a favorable result. I don't think you have to have a lawyer present, but if you...

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Should i turn an answer into the court for my credit card dept im being sued for?

You must answer the lawsuit or you lose the lawsuit. It is that simple. You should answer with a general denial to their allegations that you are indebted to them in any amount until you can get documentation from them that would prove the existence of the debt and the amount. If they get a judgment, they can then attempt to try to garnish or collect the judgment. Answering should slow the process down and give you an opportunity to defend yourself. Do not just take the debt collector's...

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Seeking a criminal defense attorney who can offer me a payment plan for armed robbery charges..pls HELP!

I am sorry to hear of your brother's situation. Depending on the jurisdiction and considerations of his past record, the courts can be very difficult when it comes to bonds. I can tell you that there is a great deal more that a prosecutor must establish to convict a defendant than his fitting some profile that investigators may have comprised. Having said that, there is no question that having knowledgeable and experienced counsel is invaluable to withstanding a wrongful conviction. You...

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A person is calling my employers and schools trying to get personal info and spreading rumors.

The school and your employer should not release personal information without your permission. There may be a cause of action depending on the conduct of the person spreading rumors, but it could be a longshot and may not be worth pursuing depending on the extent of the damages. If it is something that is of concern, you should consult an attorney.

My daughter has been charged with theft by taking. If she never accessed the money is that the correct charge?

It is difficult to answer this question based upon the limited information provided. The nature of the charge could be deposit account fraud or some other charge, depending on the circumstances. Of course, your daughter could be just as much a victim as the bank, but without more information that is impossible to ascertain. When you say that she never "accessed" the money, her case does not turn on whether or not she was successful, but whether her actions met the criteria for a violation of...

I have a aggravated assault charge in atl and i have a record already.is it possible that a good lawyer could get me probation

Anything is possible given the limited facts provided in the question. The fact that you are charged does not mean that you committed any criminal violation or that there is proof such a violation was committed by you. Having a record is a complicating factor, but there are a multitude of scenarios for which this may not be an issue at all. It also depends on what the record is for. All in all, for this type of serious charge, there is simply no better action to take than to contact...

I was given 3 citations for essentially one violation. I want to go to court.

Depending on the jurisdiction, some of the citations may be dismissed in exchange for a plea to one of the other ones. Depending on your driving record, you may be able to plead nolo contendere, or no contest, so that you can avoid points. Even in the event that you do wish to fight the charges, you may find the procedure to be torture on your schedule and your wallet. By this, i mean that you may have to return to court for a bench trial or jury trial, depending on your choice, which can...