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William C. Head
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William Head’s Answers

126 total


  • Hit and Run causing bodily injury at a problem intersection in San Francisco

    Last night, my GPS directed me to make an unaware prohibited right turn onto a freeway entrance which also serves as a bicycle lane. I looked all directions - all clear. On a green light, a bicyclist flew of the blind and ran into the right side o...

    William’s Answer

    First rule of accident cases is NEVER leave the scene. This makes you look like a person not interested in the well being of the person on the other "vehicle". Plus, if serious injury or deat occurs, the "hit and run" aspect can lead to felony charges for which lengthy prison terms can be given (if convicted).. Rarely do these matters escalate to physical contact, but by remaining in your car with the doors locked, you would have been fine.

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  • Police says I refused, I did not

    They asked me to sign this at the hospital:"I hereby consent to the withdraw of blood sample from my body. I certify that I am not a person who is affected with hemophilia or a person who is afflicted with a heart condition and using anticoagulant...

    William’s Answer

    Some states have excellent laws and case authority for EXCLUDING a refusal (or a breath test) when the implied consent law is not strictly followed. You need a VERY GOOD attorney to help determine if you were improperly denied the right to comply with implied consent under CA law. See the LINK to CA lawyers I have added below.

    The term "implied consent" is a legal fiction that can breifly be explained as follows:

    By using the highways of the State you are arrested in, IF YOU WERE PROPERLY detained or seized by police for a legitimate offense, AND if the officer has probable cause to believe that you are driving impaired by any impairing/intoxicating substance or substances, you have (your consent is implied because you voluntarily used the State's roads) given your consent to the State to submit to a test of your blood, breath urine or other bodily substances for purposes of determining whether you are under the influence of alcohol or other drugs. THIS CONSENT CAN BE WITHDRAWN by saying "NO" to a test, after you have been legally arrested for DUI.

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  • Is there a charity set up for people to donate $ to help with legal cost for defending/appealing a convicted mans case?

    There are so many innocent people in jail who can't afford to fight in the system. If there was a non-profit group set up to take in donation from family and friends to fight for justice, it could make the difference for so many innocent people a...

    William’s Answer

    • Selected as best answer

    If it is a SPECIFIC person you are trying to assist, a trust or bank account may exist to permit you to contribute money. If it is a particular TYPE of case (wrongfully convicted where DNA evidence may exonerate the person), then do a Google search for that group.
    As the previous attorney stated, the Georgia Innocense Project has helped exonerate 7 people who had an average TIME IN JAIL exceeding 18 years. Their LINK is set forth below.

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  • What happens if a car lease is in one persons name and the drivers name is not on the lease

    In signing a new lease on a car, the car dealership only will accept one party's name on the lease because the driver's credit is low. This is the same company we have leased with before and we were both co-signers- Is there a legal issue here?

    William’s Answer

    From a credit standpoint, the leasing company is trying to avoid the POOR credit rating of the driver (apparently). This is a business decision for them, because portfolios of "commercial paper" with some LOW credit scores will be less valuable than if ALL of the included files have good credit.
    From the standpoint of who can DRIVE the vehicle, the leasing company may not be part of that contractual arrangement. Think of an owner of a large pest control company LEASING 50 trucks for 50 drivers to use in covering routes. The owner is NOT going to be the driver of these 50 trucks.
    So long as the INSURANCE coverage extends to the driver, either by virtue of the policy terms or by language in the policy that allows the driver to be a permitted driver by virue of his or her status (e.g., spouse of the insured), then everything should be fine.

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  • AM I going to be arrested when entering the country again with a warrant for failing to pay a DUI fine?

    I have always paid my DUI fines and just forgot the last payment of the last month. I traveled to Germany and from here I found out that I have a warrant from my arrest in America. I only need to make my last 200 dollar payment and I have this mo...

    William’s Answer

    Being arrested is ONE possibility. the other is being DETAINED by Homeland Security until answers about your legal status are cleared up, and any outstanding fines and penalties are paid. Not every adverse state action (such as missing payment on a monetary fine) will read the federal computers, but if your state flags the person's driver's license or motor vehicle transfer records, it will be found in connection with getting renewed as a licensed driver, or when you try to sell or put a lien on the vehicle.

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  • Can a youthful offender incident be used against me? I thought those files were sealed.

    I had reckless endangerment where one was hurt in 1979 & one Wyoming DUI (that was a joke! but I plead guilty to get out of there) in 1995. Prosecutor says he will go for second offense & give me 120 days! I have had NO violations since 1995! I ...

    William’s Answer

    State law controls exactly what prior legal issues (youthful offender or otherwise) can be used to ENHANCE minimum mandatory punishment or to trigger loss of driving privileges. You need to consult with a CT attorney on the State's effort to use it against you (I assume that you relocated to CT after the WY case). I have added a link below to lists of excellent attorneys in both states. You may need help in WY, too.

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  • Got a traffic violation in San Fransisco county 7 years ago. Do I still have to pay it if its not even on my DMV record?

    In 2003 I was pulled over and was handed a ticket for not having registration. Soon after receiving my first notice in the mail, I went to the court and made an attempt to pay the ticket however, the court could not find my records. I have since h...

    William’s Answer

    You should check with your state branch of the NCIC to see if a warrant for your arrest for non-appearance exists. You may be playing with fire. In many states, this "land mine" is sitting out there, waiting to go off (when you are next stopped for a traffic offense or at a roadside license check.)

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  • Can you be expedited from Florida to South Carolina for a felony warrant?

    If someone is in Florida and they have a felony warrant and they are arrested will the state of South Carolina come get them?

    William’s Answer

    The word is EXTRADITED. And, yes, you can be extradited from any state to another for a warrant on felony charges. It is also POSSIBLE to be held and later extradited for a misdemeanor, but is rarely done, due to shortage of police personnel and cost factors.

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  • Plea deal-after sentencing-can case be reviewed for misconduct/entrapment by District Attorney

    My son had a motion to revoke his probation fo unpayment & not reporting for four months.He was giving a court appoint attorney in which did not thing to help my son he wrote a letter asking the DA & the judge if he could be appointed another atto...

    William’s Answer

    Prosecutors who have the upper hand in a legal matter (such as violation of probation, where no jury trial is available) tend to overreach by "threatening" to ask for more jail time if you make them WORK more or go longer with the case. It sounds like the only question in your son's case was "how much jail time is he going to do for not complying with probation?" The prosecutor -- in telling him that you can do X number of days if you want to take this deal, but if you continue to fight the inevitable, I will ask for 2X number of days --- is within his right to tell your son the alternatives.

    You can try to contact a local, private attorney, but I doubt there is an civil action available or any motion to set aside the sentence in this situation. Maybe after 200 days in custody, an application by a NEW public defender to REDUCE the jail time might work for you. If your son had an attorney standing NEXT TO HIM when the negotiated sentence was entered, and the judge asked the usual questions about whether your son was satisfied with his attorney's services, you are probably stuck.

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  • How can I get a misdemeanor larceny off my record....

    I'm currently a C.N.A and it so hard to find a job with that charge on my record. I'm in school studying to be a RN. and I don't want this charge to hinder my career as a RN. and I have never been in trouble since i receive that charge.....pleas...

    William’s Answer

    In many states, no expunction law exists that would allow this. In GA, not possible. However, I am putting a link here for you to contact a very knowledgeable attorney in NC who will know the answer immediately.

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