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Howard J. Weintraub
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Howard Weintraub’s Answers

44 total

  • My ticket was suppose to paid by sept 14 but didn't get paid til today, canceling bench warrant. is my license suspended.

    Is my license suspended and can i get them reinstated or do i have to wait until the suspension period is up

    Howard’s Answer

    This answer assumes that you had a Georgia driver's license at the time of your traffic violation. There is a strong likelihood that, if you failed to appear in court to answer the traffic ticket and a bench warrant was issued for your arrest, your Georgia driver's license has been suspended. You need to inquire with the Department of Driver Services to determine whether your license has in fact been suspended. If so, you need to have the Court's case manager enter a document stating that the failure to appear warrant has been lifted (assuming that it has because you made payment), get a certified copy of this document, and take it to the Department of Driver Services to have the suspension lifted.

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  • Do i ple guilty or not guilty?

    i stole $23 worth stuff at a kroger, i want to ple guilty and tell my story to the judge, i am very sorry and i have a lot to live for and just want to move on with my life. is there a chance of pleading guilty and dismiss the case for first time...

    Howard’s Answer

    If you were formally arrested do not plead guilty without first attempting to have your case disposed of by you entering a pretrial diversion program with the condition that upon successful completion of the program you can have the shoplifting arrest expunged from your record.

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  • Failure to obey traffic and headphone prohibited

    I received 2 citations on 09/01/10. The first one states "failure to obey traffic" (40-6-20). I took a wrong exit on the South 400 and wanted to go back to freeway. I was following and focusing on my GPS and it showed me that I could take the ramp...

    Howard’s Answer

    Take a defensive driving class before you go to court, perform community service for a non-profit organization (I suggest you do no less than 20 hours) and ask the prosecutor to merge the second ticket with the first ticket and tender a plea of nolo contendere to the first ticket. Also try to get the prosecutor to amend the ticket for failure to obey a traffic device to driving too fast for conditions.

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  • Probation violation for positive drug screening what is the consequences?

    I was arrested for shoplifting and am 18 years old i got 1 year probation, fined, and 128 hours of community service. I would like to know what what could happen to me due to this and if i should get a public defender?

    Howard’s Answer

    Yes, you should definitely obtain the services of an attorney. Because your probation required you to remain free of any future criminal activity, including the use of illegal drugs, you are now facing the prospect of having your probation revoked and being incarcerated for some period of time, up to the time remaining on your probation.

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  • 3 DUI's within the last 6 yrs. Have completed ALL requirements of first two (fines, probate, community service etc)

    However the last one was fairly recent and was also charged as habitual violator. i would like u to tell me what the possible consequences could be for me? I'm aware i can spend up to 120 days incarcerated for the DUI. Minimum 15 days for 3rd D...

    Howard’s Answer

    This answer assumes that you are holding a Georgia driver's license and that the DUI offense occurred in Georgia.Here are some of the consequences if you are convicted of this third DUI. Since this is your third offense within ten years from your last conviction this DUI is now classified as a High And Aggravated Misdemeanor. Georgia law requires that you be sentenced to at least 120 days in jail. Although the judge can probate a portion of this term of incarceration, the judge must sentence you to at least 15 days in jail. Home confinement and other alternatives (such as weekends of jail confinement) may be utilized depending on the judge. Your community service will be for 240 hours. Your fine will be not less than $1,000 and not more than $5,000. Unlike a first or second DUI, which resulted in the suspension of your Georgia driver's license, Georgia law requires that if you are convicted of this third DUI your license will be revoked for a period of 5 years and you will be declared a habitual violator. After the passage of 2 years you will be eligible to receive a probationary driver's license for a period not to exceed 3 years if you have fulfilled several prerequisite conditions. For a period of six months following the issuance of the probationary driver's license, you will be required to have an ignition interlock device installed and maintained in each motor vehicle registered in your name and you will not be permitted to drive any car that is not so equipped during this six-month period of time. If you drive while you have not received your probationary driver's license, or in violation of the terms of said probationary license, even if you have not violated any traffic laws, you will be facing a felony conviction.

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  • I need a federal lawyer, but can not afford one.

    I am a target of a federal investigation for tax evasion. I can not afford a lawyer that specializes in federal cases. Can I get appointed a federal public defender if I have a mortgage and two auto loans? I am the sole provider for four people,...

    Howard’s Answer

    Although the Criminal Justice Act provides the procedure for obtaining a court appointed lawyer, or for obtaining the services of the federal public defender, normally this process is not available until the defendant has been arrested or indicted. I, however, have recommended to an individual who was the subject of a federal fraud investigation and could not afford my services to apply to the United States Magistrate for appointment of counsel, even though the case was still in the investigatory stage. This person followed my advice and has been appointed a very talented lawyer to represent him/her in their fraud case. You should try to do this for yourself. Good luck to you.

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  • I have been charged with a felony on 1st degree forgery and i want to know whats my chances at 1st offenders act

    i have been charged with a felony on 1st degree forgery and i want to know whats my chances at 1st offenders act

    Howard’s Answer

    Depending upon the circumstances of your case, your attorney should explore the possibility of a plea under the First Offender Act. Of course this assumes that there is no viable defense to the charge of forgery and that a plea would be in your best interest. The benefit of such a plea is that you are not adjudicated guilty and, upon successful completion of the sentence, you will not have a conviction posted on your criminal record. However, make sure your attorney clearly explains to you the consequence of violating the conditions of your sentence and how you will then be adjudicated guilty and resentenced by the Court.

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  • How long does conspiracy to embezelle stay on your record?

    How long does that remain on your record

    Howard’s Answer

    I assume this conspiracy charge resulted in a conviction and is not just an arrest. Generally, most states will not provide for an expungement procedure for a conviction. In Georgia, expungement of a conviction cannot happen. You need to consult an attorney in Alabama to determine if the conspiracy conviction can be expunged.

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  • I've been arrested for shoplifting can i get it expunged?

    I haven't done any jail time and i haven't been to court yet.

    Howard’s Answer

    Your question demonstrates how relief can vary depending upon the jurisdiction where your case is prosecuted. In Georgia, a first time shoplifting offender would stand a good chance of being placed in a pretrial diversion program with a condition of having his arrest expunged upon successful completion of the program. Ask your lawyer in New York if such can be done for you.

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  • What are the options to fighting a DUI after refusing the breathe analyzer? and you have already had 1 previously 4 years prior

    4 yrs ago, I pleaded nolo to my first. For the most recent...(2nd).. I refused the breathe test...the officer that saw me swerving (I was texting at the time) was transporting another inmate so he dispatched another officer to arrest me. I did th...

    Howard’s Answer

    I think it is inappropriate for a lawyer to advise you on your options while you are being represented by counsel. Should you desire an opinion from another attorney, the appropriate procedure would require you to have your current attorney advise the other attorney that it is permissible for the other attorney to speak with you and render an opinion regarding your questions.

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