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Zachary Walter Procter
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Zachary Procter’s Answers

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  • I got caught at shoplifting at Sears...they charged me $160.00 ( i Paid there on spot )for Civil recovery

    But they called the Police who took me to jail but was realised on Bail of $350.00.now what happens and what do i have to do?this is the first and only time....and i feel my life ahead and my family will be messed up.i want to progress with good j...

    Zachary’s Answer

    Don't despair just yet. Since you were cooperative and don't have any history, you should be able to get this taken care of without having it haunt you the rest of your life. Take a look at my legal guide here for some more info on what to expect. http://www.avvo.com/legal-guides/ugc/what-is-diversion-and-why-do-i-want-it

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  • If 17 years old child gets summon for patty theft misdemeanor, which lawyer should he gets and how much they charge?

    I have following questions: 1- Which lawyer deals with patty theft misdemeanor? 2- How much they charge? 3- What usually happened with this type of cases?

    Zachary’s Answer

    1- You will want to find a criminal defense attorney to handle this kind of case. Someone with lots of experience with theft cases would be best, and someone with a good rapport with prosecutors and police officers.

    2. I don't think we can really give you any guidance on pricing on here due to AVVO rules. I would just encourage you to call around and get prices from several lawyers and comparison shop.

    3. What would happen in a misdemeanor theft case depends on several factors including your own criminal history, the exact facts of the case, and the tendencies of the judge and prosecutor. Your best bet is to talk to a few lawyers and find someone who you can not only afford, but trust to do the best job possible representing you.

    Best of luck to you.

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  • Could me and my brother have sex.I'm 18 years old and he's 12 years old and we both agreed on sex.Or is it not legal to do sex.

    18 years old

    Zachary’s Answer

    No, not at all, no. That would be illegal in many ways (child molestation, incest...) and a terrible, terrible idea that would haunt both of you for the rest of your lives.

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  • Got a 1st time offense of speeding 20 over the limit with a .15 bac. What are my chances/terms of lesser charges? - Scared

    spent 8 hrs in holding cell. I'm a student.

    Zachary’s Answer

    You will need to speak to a good DUI attorney about the specific facts of your case. Of course a .15 is almost twice the legal limit for someone over 21, (and almost 8 times the legal limit for someone under 21), but that's not the only factor at play. A lawyer can look at all the facts including the procedures followed by the officer, to see if there are defenses that could potentially help you avoid a conviction. Even if the State has a very solid case against you, a lawyer can help negotiate terms that will help you out down the road. Start calling around today and find someone you feel comfortable with, can afford, and who you feel can handle your case with confidence.

    Best of luck.

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  • If I signed a 4th amendment waiver does that give an officer consent to search some else that's in my truck? Search there person

    Me and my girl girl friend were arguing about this and we would both just really like to know

    Zachary’s Answer

    It would depend on the circumstances, but your 4th Amendment waiver alone isn't enough to give an officer the right to search your girlfriend (or any other passenger) without cause. However, in a traffic stop, it's not hard for an officer to justify searching someone if they really want to.

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  • We have a son 20mo old,and my hubby was several timse violent wirh me , finally he get arrested for simple battery. after he ca

    after he as was arrested, the court house gave him TPO. what will happen to my case. can he be in jail /can he be in jail for that? i also i have bruisses on my body.

    Zachary’s Answer

    He will most likely be given a bond which he can pay to get out of jail until his case is resolved through the courts. Depending on the severity of the altercation between you, yes, he could get jail or prison time. Misdemeanor battery cases rarely include jail time unless someone has a very bad criminal history, but felony cases will often have at least several years of probation if not prison time. Either way, the TPO is a legally enforceable order to keep him away from you and to prevent him from contacting you or having others contact you on his behalf. If he does contact you or confront you, call the police immediately. Also take pictures of all your injuries as soon as possible and provide them to the police and prosecutor. The more involved a victim is in the prosecution of a case, the better chance he has of having a hard sentence handed down. Even if he doesn't get jail/prison time, his probation will certainly include an order not to contact you.

    If you are afraid that he may seek you out and wish to harm you despite the TPO, I suggest you invest in a legal firearm and training.

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  • Pretrial intervention

    I received a letter from the state attorney office the other day stating that i have pretrial intervention appointment. Does this mean that the state attorney didn't file charges with the court and that he's taking another route ? My dad spoke wit...

    Zachary’s Answer

    It doesn't mean that the charges haven't been filed, but it does mean that you are being given the opportunity to make sure this offense doesn't result in a conviction and doesn't show up on your history when future schools and employers run background checks on you. Check out my legal guide on AVVO titled What is Diversion and Why do I Want it ? That will explain in depth what the program is and what you may be required to do to complete it. Good luck!

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  • Should i rescind my dui plea ?

    I recently pleaded guilty to a DUI charge in order to decrease the chance of immigration issues if i need to leave the country as i am a non-US citizen. I learned the next day that the officer that charged me left the field, should i rescind my pl...

    Zachary’s Answer

    Talk to the lawyer who represented you when you entered the plea, but my gut reaction would be no. The officer leaving the field doesn't mean that he or she isn't available to come back to testify in your case, or that he or she did anything wrong in your case. Now, it is possible that it is indicative of some issues with the officer's procedures, but it is much more likely that it is a routine rotation. The other reason I would lean towards no is that it can be very difficult to get a court to allow you to rescind a guilty plea. There must be a legitimate legal reason, and thinking that you have a better chance of winning at trial because the officer isn't in the field anymore wouldn't count.

    Obviously we don't have much information here, and the attorney who has been involved in your case from the beginning would be able to give you a much more educated answer for your particular set of circumstances. Best of luck to you.

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  • I am 19 years old and received a DUI. My BAC was only .03. I was not drunk. How can I get charged for DUI?

    Have to appear in court for DUI but my BAC was .03. I was not drunk. Why did I get charged with DUI? Can I go to jail for this? Can I lose my drivers licence? Thanks.

    Zachary’s Answer

    When you are under 21, the DUI law is basically "zero tolerance." The legal limit is only .02 until you turn 21, when the limit goes up to .08. You don't have to be drunk, you just have to have enough alcohol in your system to put you over that .02 number.

    There are ways to fight a DUI, especially with such a low BAC. You should talk to some lawyers and see about hiring someone to preserve any defenses you may have based on the facts in your individual case.

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  • How do I beat a misdemeanor Forgery 4th Degree?

    I'm being accused of changing a check that was $28 to $128.

    Zachary’s Answer

    You need to hire an attorney who can take on your case. The key will be to attempt to show that there is no proof beyond a reasonable doubt that you altered anything on the check. Call some local lawyers and find someone you feel comfortable with and get him or her working on your case right away.

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