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David Shepherd West

David West’s Answers

9 total

  • How do I find out if I hava a warrant online?

    I think I might have a warrant issued in DC or MD. How do I find out if I have a warrant online?

    David’s Answer

    Every state and county have different rules on whether a member of the general public can view criminal warrants online. Many counties refuse to post this information because they believe if people know they have a warrant out for them then they will take off or hide - which is often true. However, many counties DO post their warrants online for people to view. In most counties that post warrants you will need to go to either the website for the Magistrate Court of the county you believe the warrant was issued in or to the website for the Sheriff's Department. These two agencies are responsible for issuing and executing arrest warrants in most states and counties.

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  • 17 year old son, never in trouble, just pulled over. Officer asked about drugs (had a drug dog), my son admitted.

    My son admitted to having some. Officer found a little bit of marijuana and a pipe.. He didn't know not to let them search and was honest. The officer said he was honest and he would put that in his report. Was pulled over for an altered tail p...

    David’s Answer

    Sorry to hear that your son was stopped by police and searched. In many cases, police scare or intimidate younger offenders into letting them search their vehicles. Unfortunately, this tactic is allowed by the law and if you son consented then it is likely the marijuana and pipe will be used against him in court. However, a good criminal drug lawyer can look at all of the facts of this case, including the reason he was stopped to begin with and may be able to get these charges thrown out. If not then, assuming he hasn't gotten into trouble for this before, a good lawyer should be able to negotiate a resolution of his case that will prevent him from going back to jail, possibly keep this case off his record and keep his driver's license intact. I would highly encourage you to look for lawyers who specialize in drug defense for your son's case. One good site to find such a lawyer is www.norml.org, a national organization that advocates the legalization of marijuana and which the best marijuana drug lawyers affiliate with. They have a lawyer referral page which can help you find a lawyer in your state who specializes in these cases. Good luck to you and your son.

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  • Will I get deported if I travel to the UK for having a Felony in the USA, I have both UK and USA Passport's

    Hi, I need to hire you to expunge my record and I also have a very important question: While in the USA, I have been charged with Felony: Tax Evasion, Tampering with government records & Fraud. And they listed me with the Top Texas Tax Fugiti...

    David’s Answer

    With a pending warrant for these charges you should be intercepted upon entry into any foreign country in which shared extradition with the United States exists. This is especially true if you enter on your United States passport which has undoubtedly been flagged. Even using your U passport it is highly likely that authorities will intecept you, detain you, and then notify US authorities to prepare to take custody of you for return to the United States. If you definately are facing a 99 year sentence, you may want to hire a lawyer to try and appeal that sentence rendered in your absence while you remain safely where you are. Otherwise, I would limit myself to traveling to countries which will not extradite to the United States.

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  • I was charged with a harrassment when I was 15yrs old. I was never notify about this. Now Im 21yrs old and just found out

    About these charges cause of the job I applied for ran my prints and was already in the system. The thing is when I was arrested. I thought I was arrested for stealing but never knew till now it was from harrassment tours the store manager. What s...

    David’s Answer

    I would check with the juvenile court where your case was handled when you were 15 years old. They should have a process to seal your juvenile record so no one else can see it in the future. You also should get clarification on exactly what is showing up on your record so you will know what to say if any other questions come up in the future. Good luck!

    David S. West
    Managing Partner
    David West & Associates
    Marietta, GA

    www.westdefense.com

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  • Perjury of prosecution witnesses

    Background, convicted last year on one count of Wire Fraud, so Federal charges. Filed a 2255 Motion grounds of ineffective counsel. He called no witness, entered zero evidence refused to assist me and has his unwillingness to help in writing. I ...

    David’s Answer

    If you know how to prepare it, you can file a motion for an appeal bond with the courts asking to be allowed to remain out of custody while your appeal is pending. While this is not routinely granted depending on the Circuit in which your case is handled, it is a possibility. You may want to consult with a lawyer who handles federal appellate practice to determine the appropriate form and process that you should follow. Good luck!

    David S. West
    Managing Partner
    David West & Associates
    Marietta, GA

    www.westdefense.com

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  • Shoplifting- no lawyer

    I was caught shoplifting $237 dollars worth of merchandise and have my court date in a few weeks in Edison, NJ. The charge was already lowered to disorderly persons. I am 20 years old, a full time student and have no previous record. I have no ...

    David’s Answer

    Representing yourself is always a challenge so be careful that you understand exactly what you are doing and agreeing to before you leave the court. As to getting your charge lowered, this can be done in one of three ways usually. First, if this municipal court has a prosecutor, you need to ask to speak with them and then discuss reducing the charge with them. They have the authority to lower your charge. If no prosecutor is present, the officers are usually present - talk to the officer who cited you for the charge and see if they will agree to lower the charge. Finally, if you have neither to talk to or the cop refuses to discuss it with you, ask to speak with the judge and just tell the judge your situation, what you are wanting to do and the judge may be sympathetic and give you what you want. As for coming off experienced, the best way to handle that is just to keep your cool and be patient. Good luck.

    David S. West
    Managing Partner
    David West & Associates
    Marietta, GA

    www.westdefense.com

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  • Got caught with marijuana. got handcuffed but not arrested or any type of ticket given to me

    then a detective called me and said if i answered his questions then he wouldnt charge me. talked to a friend who said that if i should get a lawyer and this is a closed case. what should i do?

    David’s Answer

    Unfortunately, the answer is not as clear as your friend thinks. It has become increasingly common for cops to bust young people with tiny amounts of weed and then tell them they won't charge them if they cooperate in giving info on other dealers or doing work for them in the future. If you then decide not to help them they threaten to arrest you. Technically speaking, they can actually choose to arrest you later if you don't follow through on your end of the bargain; however, it may be harder for them to prove their case and to get a conviction due to the tactics they employed in not arresting you immediately. Every case is a little different so I can't tell you if you should speak to them or not. Generally, I tell my clients to refuse to answer any further questions and to get a lawyer. Usually that is the best strategy - if for no other reason than if you do talk, admit all you did, and then they don't like how much you cooperated, you can still get arrested and your conviction is pretty much guaranteed since they already have a confession. Good luck!

    David S. West
    Managing Partner
    David West & Associates

    www.westdefense.com

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  • My brother is in fedral prison and his release date is 8/4/2012 but he got a year early off and is ready for the halfway house

    in august of this year. If he has been in no trouble and has a stable home with his Mother who is poor health and will be 70 and has a stable job waiting can he come home in august on electric monotoring?

    David’s Answer

    Probably not. The federal system uses the halfway house as just that, a way to get people acclimated into regular life before releasing them to go home. I would say though that if your mother is in EXTREMELY grave health and the family needs him to assist with her care, it might be possible to get back in front of the sentencing judge and get him home instead - I have only seen this work though where the parent was terminally ill and no other family members were able to care for them. Good luck.

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  • If battered in 2002 can state attorney stil make a charge against the batterer ?

    The person battered me & now the sate Attorney wants to bring uo the case because the person who hurt me was never found & the case is still open.

    David’s Answer

    The answer is probably not. There is a statute of limitations on all crimes and in most states the government only has two years to prosecute misdemeanors or they are prevented from doing so; however, if the defendant was charged and simply ran away so he didn't have to face the case, that two year limit goes away and as soon as he is picked up on the warrant they can still prosecute him. The bigger question really is why would they if that much time has gone by and the victim doesn't want to prosecute? Good luck.

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