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Howard J. Weintraub

Howard Weintraub’s Answers

44 total

  • Can a police officer go into a privately owned home, awake you and give you an underage drinking ticket?

    I was at a friends drinking then feel asleep at 1 am. After i went to sleep, some kids went and stole street signs and ran when an officer tried to stop them. The cop came to the house i was asleep in (around 5 am), woke me up and told me to line ...

    Howard’s 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.

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  • Can authorities search my whole house if my son is on house arresr here?

    my 22 yr old son is coming out of prison early to serve the remainder of his sentence at my home on house arrest. i have heard that they bring dogs in and search your home even your bedroom. and i've heard that they dont.

    Howard’s Answer

    The conditions of your son’s term of probation or parole (you do not specify which supervision he is on) probably will require him to agree to a waiver of his Fourth Amendment rights and the State of Indiana constitutional rights against warrantless searches, as well as provide for him to consent to a search of your home without law enforcement officials having probable cause for the search.

    If you permit your son to reside in your home with such a wavier by him, it will be argued by the State of Indiana that you have knowingly waived your expectation of privacy in your home and knowingly agreed to warrantless searches of your home.

    This may include searches of your bedroom even though your son may not be using your bedroom as the State of Indiana would argue that your son has access to the entire house within which to conceal contraband. Therefore, I am of the professional opinion that a warrantless search of your home would be constitutionally permissible under these circumstances.

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

    My son has been arrested by the Atlanta police for allegedly stabbing someone several times. The Judge in Fulton County Superior Court has set my son's bond at $100,000. How can I make this bond?

    Howard’s Answer

    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 with allegedly stabbing his supervisor at work ten times. The Court set the bond at $100,000 and my client was released after having nine co-workers sign the bond wherein each of them agreed to be liable to pay a judgment of $100,000 should the defendant violate the conditions of his bond. No collateral such as money or property was posted by my client and his $100,000 bond was made by him having the signed agreements of his nine co-workers.

    A second method of making this $100,000 bond is allowing the Court to place a lien on property, such as a residence, giving the Court the capability of forfeiting the property should your son violate his bond. When property is used, most jurisdictions require that the property be located within the county where the case is (in your situation within Fulton County), although this requirement is not absolute. Also, the equity in the property must be equal to at least two times the amount of the bond. So, in your case, the property would have to have an equity amount of $200,000. When the case is over and assuming that your son has complied with all of his bond conditions this lien will be removed from the property.

    A third method is depositing $100,000 with the registry of the Court. This can be done using cash, certified bank funds, money orders or credit cards. When the case is over and assuming that your son has complied with his bond this $100,000 will be returned to the person who paid this money.

    A fourth option would be for you to use a professional surety bonding company, to whom you would pay a fee generally between 12-15% of the bond amount for the company to sign for your son’s bond. So, in your case, with the assumed bond amount of $100,000, you would pay a fee of between $12,000-$15,000. The bonding company then would sign papers with the Court obligating the surety company to pay $100,000 should your son violate his bond. If that even happened, the bonding company would come after you to compensate the company for the $100,000 it had to pay to the Court. The fee you pay to the bonding company is fully earned by the company when it signs your son’s bond and is not refundable to you.

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  • I think my wife may be having an affair.

    Does it violate Georgia law if I secretly put a listening and recording device on our home phone to overhear her conversations?

    Howard’s Answer

    The answer to your question is both yes and no. Under Georgia law (other states may be different), as well as Federal law, you can legally surreptitiously record conversations on your telephone as long as one of the parties to the conversation is aware of the recording device.

    What this means is that you can legally secretly record conversations between you and any other person on your telephone, and you do not have to tell this other person that you are recording the conversation, because you (who is one of the participants in the conversation) has knowledge of the secret recordation.

    However, you cannot secretly place a listening and recording device on your home telephone to overhear and record the conversations between your wife (whom you have not told about the listening and recording device) and another person, such as the person she is having the affair with (as this other person also is unaware of the fact that you are listening in and recording the telephone conversation). Such conduct by you violates both Georgia and Federal laws, constitutes a felony and subjects you to being punished with a term of imprisonment and/or payment of a fine should you be found guilty of this eavesdropping.

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