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Brian J. Barakat's Answers
Contributor Level 10
- 73 Legal Answers
- 1 Legal Guide
5
Attorney answers:
Does A Criminal Defendant Have A Right To Have A Court Reporter Present At Sidebars And In Judges Chaimbers?
Yes. However, the transcript, or parts of it, can be hidden from you if it discusses a CI or victim infoation or other information appropriate to be sealed.
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3
Attorney answers:
My husband says that they are willing to drop his armed robbery charge down..he didnt say to what..what are the possiable charge
The charges that are lesser included offenses of Armed Robbery are as follows: Felonies - Grand Theft, Aggravated Battery. Misdemeanors: theft, assault. If the armed means with a gun, then there could be weapons charges. If your attorney demands a speedy trial he can be held for 60 days after which the state must bring him to trial. If they fail to do so, your attorney can file a notice of expiration which would force the case to try him within 15 days or the case would be dismissed.
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4
Attorney answers:
I was arrested for DUI, blew .069 / .065 and offered diversion the wet reckless
The state us charging you with impairment. If your breath is over .08 you're presumed impaired. If you're under .05 you're presumed unimpaired. Anything in-between is up in the air. This is a very winable case but should not be taken lightly. Make sure that your public defender is actually preparing for te case. There is a great deal of evidence available to demonstrate the falibility of the breath test machine (the intoxilyzer). The PD should also be researching the police officers prior...
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4
Attorney answers:
I have a Misdemeanor Battery from 9/25/07, Ajucated Guilt.
What you might try to do is withdraw the plea and get resentenced with a withhold then get it expunged.
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4
Attorney answers:
Can I sue my lender after a foreclosure? What are my foreclosure/eviction rights?
If you accept cash for keys there will likely be a waiver of claims against the bank. However, if you have not waived yet you have an opportunity to sue the bank for any violations that have occurred since the inception of your loan. You should have your loan reviewed so you know if you have any rights before giving them up.
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3
Attorney answers:
My friend /picked up /puplic intoxication , no car involed , if he sits out his time how long in jail typically
Disorderly intoxication is a second degree misdemeanor. So, if those are all the facts, the most time he could spend in jail is 60 days.
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3
Attorney answers:
Is it possible for a defendant that has not hired an attorney to view a police officers history or other info?
The complaints will be with internal affairs. However the statistical data is going to be difficult to compile. You're going to need to get the raw reports, read them and start developing the numbers on your own. Just the copying costs are going to be very high.
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3
Attorney answers:
I have a court date for a traffic ticket next Thursday. My lawyer was in an accident and CANNOT be there.
If you're lawyer has an assistant she can file a notice if unavailability. Otherwise send a letter to the judge and then go and ask for a continuance.
1 person marked this answer as helpful
3
Attorney answers:
Can a defendant representing himself participate in the Jury Selection process?
A pro se litigant can participate in every aspect of the trial just like a lawyer.
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5
Attorney answers:
Should I take an "Open Container Passenger Ticket" to court or pay the fine?
Any alcohol related offense could leave an ugly blemish on your record. If the facts are as you say, you should seek advice and consider fighting the charge.
1 person marked this answer as helpful