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Howard J. Weintraub
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Howard Weintraub’s Answers

44 total

  • I'm considering taking First Offender for a cocaine possession, but am a licensed real estate agent. Can I avoid the following?

    (1) Have you ever been convicted of, pled nolo contendere to, or been granted first offender treatment upon being charged with any criminal offense other than a traffic violation. You must answer YES to this question even if: (a) you have been pa...

    Howard’s Answer

    In my opinion, the question clearly requires you to answer YES.

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  • Can someone who is mentally unstable, and charged with attempt to armed robbery get off without serving prison time?

    My mother was arrested for criminal attempted armed robbery earlier this week. The only thing is it was not your normal robbery and my mother is mentally ill.She went inside the bank and asked them to shoot her. She told them she was hearing voice...

    Howard’s Answer

    In my opinion, if your mother has a genuine, documented history of such delusional behavior, and psychological testing can confirm the existence of this psychotic behavior, and depending upon several other factors, such as your mother's criminal history, and whether her story is supported by the individuals in the bank, her attorney stands a strong chance of being successful in persuadfing the prosecutor to forego prosecuting your mother for this criminal act.

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  • How many years do you get for conspiracy to commit medicare fraud can you get probation

    can you get probation for conspiracy to medicare fraud

    Howard’s Answer

    Under federal law, if two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof, in any manner or for any purpose, such as to commit medicare fraud, and one or more of these individuals commits any act to effect the object of this medicare fraud conspiracy, each of these individuals can be found guilty of the offense of conspiracy. A person convicted of conspiracy will be facing a term of imprisonment of not more than five years, as well as payment of a fine, or both. The actual sentence to be received, however, will be determined through the application of the United States Sentencing Guidelines.

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  • My son is 17 he was charged with MUI can he ask for a pretrail diversion without an attorney representing him?

    This is his first offense. We do not qualify for a public defender but I can not afford to hire an attorney. I was told he could only get a pre-trail diversion if he had an attorney. Can't he ask for a pre trail diversion on his own?

    Howard’s Answer

    It is inherently unfair for the disposition of your case to be dependent upon whether you have hired an attorney. Who informed you that you needed to hire an attorney in order for your son to participate in the pretrial diversion program? You should speak with the appropriate official from the solicitor's office who handles pretrial diversion and, in my opinion, they will allow your son to obtain pretrial diversion if he qualifies for the program, even if you do not hire an attorney.

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  • Is there anyway I can find a wrong way ticket?

    It was a saturday football gameday and I accidentally turned into a parking lot the wrong way. On gameday, it is very hectic and I actually was following another car. There is no sign that says wrong way, one way or anything. I have already have 2...

    Howard’s Answer

    This answer assumes you have a Georgia license. If a plea of nolo contendere is available for you, ask the solicitor to permit you to enter such a plea which will result in this matter being disposed of with no points assessed on your driving record. Alternatively, see if the solicitor will reduce the charge to driving too fast for conditions, which also will result in no imposition of points.

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  • Could i take my bail money back early ??

    i was sent to the police station then the county jail in newjersey where my bail was 3000 $ due to the possesion of extacy pills (cds) my friend paid me the 3000$ bail and i was out now i have court next october ( where i knew that my case will...

    Howard’s Answer

    The bail money that you posted is the collateral to secure your appearance in court. Therefore, it has to remain in place until the case is completed, or it can be substituted (with the judge's permisssion) with another form of collateral, such as the use of a bondsman or a property bond.

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  • What would be the charges/penalties for a misdemeanor theft by taking that amounted to $52 for services rendered? what to expect

    One Friday afternoon a friend and I decided to treat ourselves to a pedicure. It was actually my treat since my father had loaned me his Discover Credit Card for a minor procedure I had to have earlier that morning. We both were pampered and polis...

    Howard’s Answer

    The maximum penalty for the conviction of a misdemeanor offense in Georgia is jail time of 12 months and payment of a fine of $1,000, plus court costs. If this is your offense, hire an attorney and have that attorney try to persuade the solicitor to place you in a pretrial diversion program, with the special condition that upon sucessful completion of the terms of the program, you will be able to have the arrest expunged from your record. If this is agreed to by the prosecutor, the end result will be no arrest and no conviction on your record. It will be as if this unfortunate incident never happened.

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  • Someone was arrested for Trafficking X2 and Unlawful Distribution. They have a bond of $2,030,000.

    Someone was arrested for Trafficking X2 and Unlawful Distribution. They have a bond of $2,030,000.When bails bondsman tried to post the bond, he was advised that they had strict instructions from the County Sheriff not to sign the Bond. At a hea...

    Howard’s Answer

    I am assuming that this defendant has representation and that his/her attorney obtained the bond from the Court. I feel that it is inappropriate for a lawyer to advise you on your options while this defendant is being represented by counsel. Should you desire an opinion from another attorney, the appropriate procedure would require you to have the defendant's current attorney advise the other attorney that it is permissible for the other attorney to speak with you and to render an opinion regarding your question.

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  • What determines a career criminal in federal cases

    how many years must have lapsed not qualify to be acareer criminal in a federal case?

    Howard’s Answer

    A defendant is a career offender in a federal court criminal case if (1) the defendant was at least eighteen years old at the time the defendant committed the instant offense of conviction; (2) the instant offense of conviction is a felony that is either a crime of violence or a controlled substance offense; and (3) the defendant has at least two prior felony convictions of either a crime of violence or a controlled substance offense.

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  • Federal expungement

    I wrote to my Representative and told him to support HR 5492 expungement for federal first-time non-violent offenders and his reply was "expungement is a state issue because states decide if felons can vote of not. please contact your state rep." ...

    Howard’s Answer

    • Selected as best answer

    In my opinion, H.R. 5492 titled "Fresh Start Act of 2010" is a change in our federal criminal procedure that should be enacted. Among other things, this proposed legislation will enable a first time offender convicted of a "nonviolent criminal offense" to have "Any official record relating to the arrest..., the institutuion of criminal proceedings..., or the results thereof (including conviction) for the nonviolent offense" expunged. The order granting expungement "shall restore the individual...to the status such individual occupied before the arrest or institution of criminal proceedings for the nonviolent offense that was the subject of the expungement". I will definitely sign your petition and encourage my fellow criminal defense lawyers in Georgia to do the same. God bless you in your efforts to get this bill into law.

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