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Eric Nathan Bernstein

Eric Bernstein’s Answers

45 total


  • My 15 year old son was placed on probation after spending a month in detention.

    He has secret plans to jump freight trains to visit his girlfriend in another state which is dangerous and he could lose his life. I saw his plans online. I have been staying awake day and night to make sure he doesn't leave but I can't stay awake...

    Eric’s Answer

    If you tell probation he's breaking curfew and this is not true, you could be looking at some false reporting charge. If he has been breaking curfew, and you do tell probation, he will end up going before the Judge for sentencing. The Judge will likely want your input on sentencing so if you request and ankle bracelet, the Judge will probably give him one. He very well could wind up back in detention too.

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  • Can I get an ID in Mississippi

    I have an out of state warrent in Texas.. motion to revoke. Will I be able to receive an ID. And do they check out of state warrents... my nephew has the same problem as I do. And got in trouble in Mississippi and his texas warrents didn't show up...

    Eric’s Answer

    I've never heard of DMV's running warrants but then again, Idon't live in Mississippi. If you're that concerned about it, you need to ask yourself how important it is to get this ID. I would advise you contact a lawyer in Texas to see if you can get the warrant lifted. Most of the time these things catch up to you sooner or later.

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  • A kid dropped off 2 bags of marijuana 1/4 each in my car when i wasnt around for someone else apparently.

    they then tracked me down convinced me to let them search saying they were going to impound my car and found it and now im being charged with possession and distribution. also should mention the kid was in the drivers seat when the cops showed up ...

    Eric’s Answer

    It sounds like you've already been arrested, no? If that's the case, you can't control what's happened in the past, however you can attempt to control the outcome of the case. That's what's most important. You've taken the right step in hiring an attorney. Now you need to make sure your attorney has access to the person who saw the kid go through your car. That's your star defense witness. Make sure you have given your attorney every means of contacting that individual.

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  • Got a ticket for illegal backing in IL, even though not backing. a car hit him from behind that had no insurance can be expungd

    1st ticket ever 20 yr old guy

    Eric’s Answer

    I'd need a little more information on this. If you're asking whether a traffic ticket can be expunged, you'd need to consult with a local attorney. Beware though that some jurisdictions cap your number of expungements so you may not want to use it on a traffic ticket.

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  • What do I do in order to get a payment arrangement on a ticket if I cannot pay the fine by the court date?

    Do I plead NOLO? And I'm saying this because I've just been reading on this site, I don't even know what NOLO means. Can somebody please help me? I intend on paying for the ticket but I just don't want the court to try to take advantage of me if I...

    Eric’s Answer

    Ideally you want to be able to pay the ticket when you go to court, otherwise you will be put on probation until you can pay the ticket off. What is the ticket for? Is it in Decatur? Perhaps you could ask to speak with the solicitor and see if he/she will reduce the fine. You can plea no contest once every five years in Georgia to moving violation. No contest will prevent you from having any points on your license. Ideally you should consult with an attorney just to see what you're facing. You can then at least decide if it's worth your money to hire an attorney or whether you can handle this by yourself. Most defense attorneys will give you a free consultation.

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  • Just posted something but I did not clarify. What can happen to me for an underage drinking citation?

    I have court tonrorow, I never received a breathalyzer or admitted drinking. My friends had beer in their bookbags however. I have a clean record and I am 19. What can happen and what should I say to the judge? Also is a lawyer necessary, I cannot...

    Eric’s Answer

    If you cannot afford a lawyer, ask the Court to appoint a public defender. This sounds like it could be your classic "guilt by association" scenario. You need to get a lawyer, whether it's privately retained counsel or an appointed lawyer. In some states, you could lose your license if you're convicted for underage drinking so it would be ideal to consult with an attorney. I'm not sure of the consequences in Ohio though. Do not make any statements to the Judge about the facts of your case. Simply ask the Judge if he/she can appoint an attorney to represent you. At the very least, ask for time to obtain private counsel if you can't get a public defender.

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  • What could happen in a revoke and impose hearing by violating house arrest by stopping places your not spost to

    im on 6 months house arrest for driving revoked for dui and not i have to appear for a revoke and impose hearing i have completed 3 out of the 6 months i stopped a couple places i wasent aloud to like a fast food place and to pay a bill what wil...

    Eric’s Answer

    You need to hire an attorney who will present mitigating information (ie. damage control) on your behalf. Perhaps letters of recommendation, proof of debts and liabilities, coupled with the fact you have three children. If you were getting food for your kids and paying an important bill necessary to maintain a habitable environment for your family, you'd want to let the judge know. However, you will also want to show remorse at the hearing, dress nicely, and be as respectful as possible. You're throwing yourself on the mercy of the court so make sure to give the judge a reason to think twice about putting you back in jail

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  • How do I get previous charges cleared up when I had the charges dropped and disposed of?

    In 2007 was in car wreck,in Aurora, missouri . All I did was refuse breathalizer and when charges went to Lawerence county, my charges got dropped. Now I'm doing SATOP but theres no DUI or DWI on my record. [info withheld]. There is more to this...

    Eric’s Answer

    You will need to hire an attorney in the county where you were arrested. That attorney should be able to get the charge expunged or sealed so that the record of arrest will be invisible to all but law enforcement. There is still a record of your arrest somewhere but an expungement will restrict access to that record.

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  • What do you think is going on after 5 months of my DUI?

    I got a DUI on March 2, 2014 and was charged as a juvenile because i was 17 at the time and it didn't happened in my home county so my first court date was June 19 and they said they would transfer it to my home county and it's been about a month ...

    Eric’s Answer

    Have you been appointed an attorney or hired an attorney? Make sure to contact them if so. Oftentimes a Court is not equipped to handle all of its cases in a speedy manner. This is often true of traffic courts or courts that handle misdemeanors. Some judges have to handle civil and criminal cases, which can prolong the process. Additionally, a prosecutor may be waiting on additional evidence before moving forward. There is any number of potential reasons for the delay. I'd contact the clerk of the county where you were arrested as well to see if they can give you some info. Make sure they actually transferred it.

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  • What is likey to happen to a person on probation if they only complete 220 out of 240 hours of community service?

    My mom was arrested for DUI (#2) last July and sentenced to 3 years probation and 240 hours of community service. It was to be completed by mid June 2014. She completed all but 20 hours and on June 4th the person who handled volunteers where sh...

    Eric’s Answer

    I would advise her to complete as much as the community service before she can and come to court with proof of the eval and the community service. She should also come to court with proof that she was in the hospital. It would be wise to hire an attorney in the area and have that person speak with the probation officer before Court. As everyone else has said, failure to complete any special conditions in a timely factor is a violation. However the probation officer may work with her attorney before court to withdraw the affidavit if everything is supplied to him/her.

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