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Brian Fenton McEvoy

Brian McEvoy’s Answers

16 total


  • Are there any criminal charges in this incident?

    I am attending Georgia Military College and we were doing a corps of cadets paintball session. i finished playing paintball and turned in my gun and my mask. About 5 minutes goes by and a supervisor shoots me 2 times in the neck and once in the ba...

    Brian’s Answer

    Since your supervisor's conduct appears to have been beyond the scope of the academic exercise which was being performed, you may have a criminal or civil cause of action against your supervisor.

    This answer is meant to be general, educational and informative and should not be construed as legal advice. Depending on the specific circumstances of your case, I would consult a knowledgeable attorney in your area.

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  • I had a possion drug charge in 1993. Pleaded "no-low" and completed prob and community service--supposed to be expunged.

    This happened in Florida. Was told it would be expunged. It just showed up on a background check as "Controlled Possion?" I was told it would not show up after completing all requirements. I am very concerned this will show up when I apply for...

    Brian’s Answer

    Unfortunately, what often shows up on employer background checks is the arrest record from the GCIC statewide law enforcement database. Unlike convictions, which can be expunged from a person's record, an arrest will always show up on a thorough background check using the GCIC database or other local, state or federal law enforcement databases.

    Typically, in a pre-trial diversion or first offender case, the charges are often "dismissed" after the individual has met certain court ordered criteria such as completion of community service or the payment of a fine. However, whether such a disposition shows up on a law enforcement records check is a more complicated and uncertain question.

    This answer is NOT specific to the state of Florida.

    This answer is meant to be general, educational and informative and should not be construed as legal advice. Depending on the specific circumstances of your case, I would consult a knowledgeable attorney in your area.

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  • Do First Offenders Act sentences show up on a background check in the state of Ga?

    I recently applied for a job that required a background check. I am currently on probation under the first offenders act and was denied the job because the charge showed up on my background report. The background check shows the disposition of th...

    Brian’s Answer

    Unfortunately, what often shows up on employer background checks is the arrest record from the GCIC statewide law enforcement database. Unlike convictions, which can be expunged from a person's record, an arrest will always show up on a thorough background check using the GCIC database or other local, state or federal law enforcement databases.

    Typically, in a pre-trial diversion or first offender case, the charges are often "dismissed" after the individual has met certain court ordered criteria such as completion of community service or the payment of a fine. However, whether such a disposition shows up on a law enforcement records check is a more complicated and uncertain question.

    This answer is meant to be general, educational and informative and should not be construed as legal advice. Depending on the specific circumstances of your case, I would consult a knowledgeable attorney in your area.

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  • What can i do if i feel i am being illegally accused of bank fraud

    a company is saying applied for a loan on line and now they want their money and i don't remember being approved for a loan over the internet i have applied but never approved or received any money. says they will file lawsuit for bank fraud i ne...

    Brian’s Answer

    The first thing you need to do is a hire a lawyer in your area that is familiar with business litigation and our defense of economic crimes. Depending on the facts and circumstances of your case, if you made any false statements to a federally insured financial institution in connection with any loan, line of credit or account, you could be prosecuted federally pursuant to Title 18, United States Code, Section 1014 - False Statements to a Federlly Insured Financial Institution. Less likely would be a prosection under Title 18, United States Code, Section 1344 - Bank Fraud.

    Based on th einformation that you included in your question, it sounds like the financial institution may be at fault, in which case you will need legal advice in order to protect your credit from any potentially negative information. As you point out, unless you actually signed for a loan - and more importantly, received the funds, you should be able to resolve this matter rather quickly. However, like any problem, this will likely not go away on its own and therefore needs to be addressed sooner rather than later.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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  • How long after a search and seizure does the law have to file charges

    My sisters boyfriend was sitting in his house the law knocks on door and without checking he saqid come in they entered house and said the county then another county and investigators entered and handcuffed him sat him on couch and searched his ho...

    Brian’s Answer

    There is a set period of time after a crime has been committed during which the perpetrator can be charged. This time period is set by the legislature and is referred to as the statute of limitations. After this period of time has elapsed, a person cannot be charged with the crime, and if charged may raise
    the statute of limitations as a defense.

    States differ in the length of time allowed for prosecution of criminal charges under their statutes of limitations. Typically, petty offenses may have a short statute of limitations of three to five years, while more serious crimes may have statutes of limitations from five to 20 years. Some crimes are of such a nature that there is no statute of limitations. These crimes typically include murder, rape, robbery, and arson.

    Generally speaking, state, local, or federal law enforcement agencies (a.k.a. "the law") must file charges within the statute of limitations of the particular crime charged. In this case, based on the brief facts stated above, it sounds as if the law brought charges well within any conceivable statute of limitations.

    A separate issue would be whether the warrant violated the defendant's Fourth Amendment Right against unreasonable searches and seizures. Of course, this is a separate issue entirely and one which would best be addressed by an attorney in your area who has experience defending criminal cases.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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  • Stock selling by mistake or froudly

    in any one sell hi stocks by mistake then can the broker trace the buyers demate account who has bought the stocks..

    Brian’s Answer

    Not sure what the answer is based on the phrasing of your question.

    NOTE: This answer is for educational / informative purposes only and should not be construed as legal advice.

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  • Philadelphia Red Light Camera Violation. Any way around this?

    I was driving a vehicle owned by a family member and I received a red light camera ticket. Besides paying the fine myself, is there a way to fight this ticket all while not inconveniencing the owner? I don' t want to burden my family and I obvious...

    Brian’s Answer

    Generally speaking, fines resulting from "camera offenses" are not criminal in nature. Rather, they are merely civil fines imposed by the state or local municipality. Having said that, there should be an appeals process which you can pursue by calling the entity which is seeking the fine amount.

    t all depends on the particular facts and circumstances of your case. If the case involves multiple victims and a loss greater than $50,000.00 to those victims, it is likely that the matter may be investigated by a federal law enforcement agency (likely the FBI or the United States Secret Service). There are a number of crimes with which you may be charged depending on the nature of the crime. Generally, a federal prosecutor would look to Title 18, United States Code, Section 1028 to determine what criminal statute applies.

    In addition to any substantive statute, Congress recently passed a law making Aggravated Identity Theft a federal crime punishable by an additional mandatory term of imprisonment in a federal prison. Pursuant to Title 18, United States Code, Section 1028A, a person convicted of Aggravated Identity Theft faces a mandatory minimum federal custodial sentence of two years imprisonment - in addition to any other sentence imposed by a federal district court judge.

    However, all of this depends on the nature of your conduct. I would encourage you to seek legal counsel in your area from someone who has experience defending criminal cases - particularly those involving identity theft.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction.

    The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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  • What is the punishment for credit card fraud?

    Someone I know stole 2 of my credit cards in the state of NH. Total $1139. They are out on bail and are waiting to be extradicted to another state for another charge.

    Brian’s Answer

    It all depends on the particular facts and circumstances of your case.

    If the case involves multiple victims and a loss greater than $50,000.00 to those victims, it is likely that the matter may be investigated by a federal law enforcement agency (likely the FBI or the United States Secret Service). There are a number of crimes with which you may be charged depending on the nature of the crime. Generally, a federal prosecutor would look to Title 18, United States Code, Section 1028 to determine what criminal statute applies.

    In addition to any substantive statute, Congress recently passed a law making Aggravated Identity Theft a federal crime punishable by an additional mandatory term of imprisonment in a federal prison. Pursuant to Title 18, United States Code, Section 1028A, a person convicted of Aggravated Identity Theft faces a mandatory minimum federal custodial sentence of two years imprisonment - in addition to any other sentence imposed by a federal district court judge.

    However, all of this depends on the nature of your conduct. I would encourage you to seek legal counsel in your area from someone who has experience defending criminal cases - particularly those involving identity theft.

    Generally speaking, cases involving less than $5,000.00 would typically be handled by local authorities including the local district attorney's office.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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  • What is the punishment in illinois for id theif and credit fraud for a first time offendera?

    I have never been in trouble and i'm worried that i might go to jail for id theif and credt card fraud for a federal investigations that i'm under, what are the chances of that happening in the state of Illinois?

    Brian’s Answer

    It all depends on the particular facts and circumstances of your case. If the case involves multiple victims and a loss greater than $50,000.00 to those victims, it is likely that the matter may be investigated by a federal law enforcement agency (likely the FBI or the United States Secret Service). There are a number of crimes with which you may be charged depending on the nature of the crime. Generally, a federal prosecutor would look to Title 18, United States Code, Section 1028 to determine what criminal statute applies.

    In addition to any substantive statute, Congress recently passed a law making Aggravated Identity Theft a federal crime punishable by an additional mandatory term of imprisonment in a federal prison. Pursuant to Title 18, United States Code, Section 1028A, a person convicted of Aggravated Identity Theft faces a mandatory minimum federal custodial sentence of two years imprisonment - in addition to any other sentence imposed by a federal district court judge.

    However, all of this depends on the nature of your conduct. I would encourage you to seek legal counsel in your area from someone who has experience defending criminal cases - particularly those involving identity theft.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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  • What is the punishment as a minor for Credit card fraud/theft

    Hi, I'm Roger and i am wondering what the punishment is for Credit Card Theft/Fraud in Florida for a 15 year old minor. I stole a total of $120 USD from my mothers credit card and she is pushing the fact of pressing charges and i am wondering h...

    Brian’s Answer

    As a practical matter, federal criminal authorities (either the FBI or United States Secret Service) would spend a great deal of resources investigating a credit card fraud case involving a minor with a loss amount of less than $1,000.00. This is true for a couple of reasons (1) minors are very rarely prosecuted in the federal criminal system, and (2) United States Attorneys Offices (i.e. federal prosecutors) each have monetary thresholds which are used to determine whether they will prosecute a crime. In an economic crimes case, absent any other aggravating factors, this threshold is generally at least $50,000.00 depending on the area of the country.

    While a federal law enforcement agency may not spend its resources on pursuing this apparent criminal activity, action by the local county District Attorney's Office - a case which would be investigated by local, county, or state police, remains a possibility.

    For a more precise answer regarding your particular facts and circumstances, I would encourage you to consult a lawyer with experience in handling criminal cases in your area.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

    See question