Howard J. Weintraub’s Answers

Howard J. Weintraub

Atlanta DUI / DWI Attorney.

Contributor Level 9
  1. Can a police officer go into a privately owned home, awake you and give you an underage drinking ticket?

    Answered about 4 years ago.

    1. Howard J. Weintraub
    1 lawyer answer

    You need to hire an attorney and have the attorney file a motion to suppress the results of the breath test as well as any physical observations the officer will say he made of you, i.e. odor of alcohol, bloodshot eyes, etc.

  2. My son's been arrested for allegedly stabbing someone. His bond is 100k, how can I make this bond?

    Answered about 4 years ago.

    1. Howard J. Weintraub
    2. Phillip Darrell Kimbrell
    3. Anderson Thomas Ellis II
    3 lawyer answers

    One method is to have the Judge permit your son to sign his bond, without the need for him to secure the bond with any collateral. This type of bond would rarely be given in a serious felony case such as the aggravated assault charge your son is facing. Similar to this method of having a defendant sign his own bond is having an individual, such as yourself, act as a surety on your son’s bond. I recently had a serious assault case in Fulton County Superior Court where my client was charged...

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

    Answered about 4 years ago.

    1. John P. Yetter
    2. Howard J. Weintraub
    2 lawyer answers

    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...

    1 lawyer agreed with this answer

  4. Can you still be prosecuted for a marijuana charge if in the police report it says that the case was not approved and is closed?

    Answered over 3 years ago.

    1. Abraham Fernando Carpio-Gonzalez
    2. Lee Jay Eidelberg
    3. John C Belcher
    4. Howard J. Weintraub
    4 lawyer answers

    In answering your question, please be advised that I am licensed to practice law in Georgia and Washington, D.C. and that I am not licensed to practice law in Maryland. The technical answer is yes: prosecutors can independently have their investigators work a case and develop evidence not discovered by the police during their handling of the case. If this independent investigation reaches the conclusion that prosecution is warranted then the case can go forward.However, the probability of...

  5. Can i be charged with conspiracy if the person i supposedly conspired with testifies that i had nothing to do with it?

    Answered over 3 years ago.

    1. Howard J. Weintraub
    1 lawyer answer

    In answering your question, please be advised that I practice in Georgia and I am not licensed to practice in the State of Virginia. The prosecutors do not have to have a cooperating codefendant/coconspirator as a witness in order to convict you of conspiracy. Although plea deals for reduced terms of imprisonment often are entered into with a member or members of a drug conspiracy in exchange for that person's testimony against other participants in the conspiracy, there is no requirement...

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

    Answered about 4 years ago.

    1. Howard J. Weintraub
    2. Joshua Sabert Lowther
    3. Peter Anthony Sartes II
    4 lawyer answers

    I have reviewed my earlier answer to your question and I want to elaborate upon the information previously given to you. There are three potential conspiracy statutes that can be utilized by the federal government in prosecuting someone for medicare or health care fraud, each of which statute has its separate term of imprisonment. The general conspiracy statute is 18 U.S.C. Section 371. This statute provides: "If two or more persons conspire either to commit any offense against the United...

  7. What will possibly happen if I fail a ua while on probation

    Answered about 4 years ago.

    1. Carolyn F. Horton Mcdaniel
    2. Cynthia Russell Henley
    3. Howard J. Weintraub
    3 lawyer answers

    As you are well aware, the purpose of requiring you to submit to random urine analyses is to determine if you are remaining drug free during your term of probation. The positive test analysis can result in your probation officer asking the Court to revoke your probation, or to modify the terms of your probation. Also, depending on your performance during your probation, whether there have been any other positive urine analyses, the relationship you have established with the probation officer,...

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

    Answered about 4 years ago.

    1. Howard J. Weintraub
    2. Joshua Sabert Lowther
    3. Peter Anthony Sartes II
    4 lawyer answers

    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...

  9. Could i take my bail money back early ??

    Answered about 4 years ago.

    1. Howard J. Weintraub
    1 lawyer 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.

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

    Answered about 4 years ago.

    1. Howard J. Weintraub
    1 lawyer 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...

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