Adam Todd Dougherty's Answers

Immigration law, what is an immigration hold, deportation hold

An immigration hold is placed by ICE (Immigration Customs Enforcement) when someone they believe is an illegal alien is in state custody (or federal). Most jails (I say most because smaller counties may not have an advanced webpage) or sheriff's offices have websites. Some even let you do an inmate search and it will tell you what they are charged with and if there are any holds, i.e. out of county hold, out of state hold, or immigration hold. IMPORTANT Once the immigration hold (or...

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How will a ticket for expired international drivers licence affect my immigration status, I have overstayed on my visa

You have a lot of information in your question, let's take it one step at a time. First, contact an attorney, many attorneys deal with traffic infractions and traffic criminal tickets without the necessity of you appearing in court. Second, don't ignore the court date. If you don't hire an attorney go to court!!! You are not going to get deported for a traffic offense. Third, you do not need to be a resident or a citizen to obtain a license. If you have an application to adjust...

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Can you be charged with destruction of personal propety in Mesa, Arizona

There seems to be more information missing from your question. In order for there to be a crime you need a victim. Someone that's going to come into court and say they've been harmed. The easy answer to your question is "no". However, if someone else owns the property like a wife, girlfriend, etc. then "yes" he can be charged with destruction of property. Keep in mind that in Arizona when police arrive to a domestic violence call someone needs to go to jail. The fact that they didn't...

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What is possible jail time for 2 counts of felony employee theft under FL criminal code

Both are 3rd Degree Felonies carrying a maximum penalties of 5 years Florida State Prison, $5,000.00 fine, and court costs. That said she's looking at a MAXIMUM of 10 years Florida State Prison and a $10,000.00 fine. However, since she's never been in trouble before more than likely she will receive a Withhold of Adjudication, which under Florida Law would keep her from being a convicted felon, and probation. If possible, she should pay her employer back before resolving her case. By...

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Arizona Criminal Defense, Drug Possession, Firearm Defense, Probable cause for search and Seizure, and 4th amendment

Clearly there's an issue of the police coming into your house without your permission. If they were granted permission by your girlfriend that's a problem. However, if neither one of you granted them permission they cannot just enter the house without a warrant. Further, when an officer clears an area for safety they check to make sure there are no other people in the house. This doesn't give them the right to start searching a hamper that's full of clothes. You really need to contact...

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I made a mistake and there is now a warrant for my arrest

It sounds like there's some information missing. You say you now have a warrant. Did you miss a court date? Contact me so that we can discuss your case. You may have to surrender on the warrant and we can try and get you a bond reduction hearing to have the bond reduced. Call for a free consultation (239) 263-1121.

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FL Can I vacate judgement gotten by default which has caused me to have suspended license til satisfied?? HELP!

Contact an attorney, you have options. Courts have been known to set aside default judgments, especially when there's evidence that there's been a problem with service of process and you are stepping up to answer the complaint. Your attorney will need to file a Motion to Vacate Default Judgment. Downside is what an attorney will charge you to do the work necessary, if the $3,100 you owe on this is difficult for you to pay you may want to consider contacting legal aid to assist you. Good...

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Appealing a ruling

Yes, to appeal a circuit court ruling the following procedures are necessary: 1. Notice - 2 copies of the notice of appeal are filed in the court from which the appeal is taken and served on all other counsel. 2. Time - Notice of appeal must be filed within 30 days of rendition (i.e. filing the signed order with the clerk) of the appealable order.

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Do I have the right to vote, get a handgun or hunting license if convicted of a 2nd degree felony

In order to obtain your "civil rights" back you need to take steps to get them back. A FULL PARDON RESTORES VOTING RIGHTS. Please note, effective September 01, 1997, a felon’s voting rights are automatically restored when one fully discharges the felony sentence, including any term of incarceration, parole, or supervision, or completed a period of probation ordered by any court. A FULL PARDON DOES NOT NECESSARILY RESTORE THE RIGHT TO BEAR ARMS. Many felons also lose their right to bear...

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A vehicle slightly bumped my car while I was stopped at a red light. There was no damage to my vehicle but I failed to get out

In Florida you must exchange information and/or wait for law enforcement if you were involved in an accident. It sounds like you are fine health wise and if that's the case you would not pursue an injury claim. If you find yourself becoming sore in the next day or so go see a doctor immediately. The next thing you should do is find a ticket clinic or criminal defense attorney in your area that can work on the LSA (Leaving the Scene of an Accident) charge for you to get it dismissed. What...