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Adam Todd Dougherty

Adam Dougherty’s Answers

144 total


  • My husband is going to trial, can his probation hold be lifted?

    He has 4 open charges, possession of narcotics (edible marijuana) for sale, possession of marijuana for use, probation violation with resisting arrest, drug paraphernalia. Let me just add that he has a medical marijuana card.

    Adam’s Answer

    They will not lift his hold until he resolves his new charges. Then he will likely face violation of probation charges. Contact a local criminal defense attorney.

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  • I received my final release on a claim where I was involved in an accident. Can I still sue the driver for extra losses?

    I was involved in an accident that was not my fault. My car was a total loss and the driver's insurance company deemed their driver was 100% responsible. They presented an amount that I thought was fair. I realize that it would only cover the valu...

    Adam’s Answer

    No!!! Once you sign the release your case is OVER!!! That's why the driver's name is on the release. Your accepting $X to release all claims against them. Contact an attorney.

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  • Car accident, other drvier at fault but insurance company is placing fault on me.

    I was in a car accident this morning. The other driver did a u-turn putting her in the far right lane. She then crossed two lanes of traffic into my lane, far left, causing us to hit. My insurance company is saying that I am at fault because it w...

    Adam’s Answer

    Contact a personal injury attorney (if you're injured). Do not make any statements to your insurance company, recorded or otherwise until you have consulted an attorney. An attorney will also be able to assist you in trying to recover compensation for getting your car repaired. You did not mention if the police came and did a report. While not admissible, it can be persuasive in proving the other car was liable depending on what the officer wrote. It usually takes 7 days for the report to be ready so if there was a report made you should get a copy of that.

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  • I think I'm being investigated for Sexual Conduct with a Minor, and I'm scared. What do I do?

    I met my ex girlfriend April 10, 2013, she was 15 at the time, and I was 17, I met her family, mom and dad, everything was going well. I was turning 18 in June, I lied to them because I was scared, and told them I was 16, but came clean and we had...

    Adam’s Answer

    DO NOT TALK TO THE POLICE. REPEAT DO NOT TALK TO THE POLICE. If you have the money now you can hire an attorney and I would suggest you do so as the potential charges are very serious. That being said, if you never had sexual contact you've never broken the law. Even if you have there could be defenses available to you. If the police are really investigating you at some point they will approach you asking to talk to you: YOU CANNOT WILLINGLY TALK TO THEM!! They will attempt to coerce you into making a statement may threaten to arrest you if you don't, or say something like "this is our only chance to help you." DO NOT FALL FOR IT. IF YOU ARE UNDER INVESTIGATION THE POLICE ARE NOT ON YOUR SIDE AND THEY WILL USE ANY STATEMENTS YOU MAKE AGAINST YOU.

    Simply tell them you don't want to answer questions and you want an attorney. They probably will tell you you're making a mistake but stick with it. The only mistake you would make would be talking to them without an attorney. Good Luck!

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  • Can someone receive lesser of a sentence if a crime was committed out of desperation?

    A person I met randomly was in a tough spot in life for the first time in a long time. He became desperate and committed a theft crime from a company. He committed the crime out of desperation to feed his family. His work truck had been impound...

    Adam’s Answer

    No. There are many mitigating factors the Court can consider in reducing a sentence however desperation is not one. Can you imagine the crime wave that would occur if people could get off easy by saying they were desperate. In today's tough job market & housing market there are a ton of "desperate" people out there that are NOT committing crimes. Your friend should contact a local attorney who can discuss his options with him.

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  • How do I get the right amount for diminution of value for my car after a car accident?

    I was recently involved in a car accident. I had the car fixed. The insurance company sent their appraiser to look at the car after the fix. I am sure they are going to low ball me. How do I get a good estimate of the value of the car now. I am co...

    Adam’s Answer

    The problem is going to be whether or not your insurance policy provides for diminution of value. There is current case law that says unless you have that under your policy (i.e., took it out separately) your insurance company is only obligated to repair your car. I always recommend my clients go to the dealer and get estimated before the car is repaired to combat the insurance company's low estimate, however you stated your car has already been repaired.

    Start by getting a copy of your policy and seeing if you're covered for diminished value. Good Luck!

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  • Does an assistant state or federal attorney need the main DA's or USA's signature and/or permission to file felony charges?

    Does an assistant state or federal attorney need the main DA's or USA's signature and/or permission to file felony charges?

    Adam’s Answer

    No.

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  • My boyfriend is on parole and we've talked about marriage. He seems to think that his PO has say over whether that can happen

    She threatens him constantly that she will violate him and throw him back in prison. She even appoved him to go to college but forgot and threatened to throw him back when he was at school. She put him on curfew for a inconclusive polly and even t...

    Adam’s Answer

    Unless you are on probation or parole the answer would be "NO". Part of his conditions of release is that he can not associate with other persons on probation or parole, so if you are on either, she technically could violate him for violating the terms of his release.

    That is the only way she could have any leverage to violate him.

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  • Do I have to disclose a felony conviction from 30 years ago on my personal financial statement for the bank?

    I am a businessman refinancing a substantial business loan from a new bank

    Adam’s Answer

    I would be VERY careful about omitting the information on a bank loan. The last thing you need is to find yourself in legal hot water for filling out a fraudulent loan application. That is very much a legal issue. We don't have the application to look at so you have to read the application carefully. If it ask point blank if your a convicted felon and you were in fact adjudicated guilty of a felony the answer is, "yes." Does the application have any warnings about making false statements?

    There are a lot of people that got federal prison time and federal probation after falsifying loan applications after the housing bubble burst. You seem like a smart guy. Read it carefully and answer it honestly.

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  • How much time can i get for first technical vop of felony probation

    i dont think probation

    Adam’s Answer

    You can get the maximum prison sentence that felony carries minus anytime already served in the county jail. Now, if you are on probation for more than one count your looking at maximum prison on each felony charge. Also, if you had an Adjudication Withheld, you are in jeopardy of being adjudicated (which would make you a convicted felon).

    Felony in the Third Degree
    A felony in the third degree is punishable by no more than five years imprisonment in a state prison and a fine of up to five thousand dollars. In addition, the defendant may also be ordered to pay the victim restitution as ordered by the court.

    Felony in the Second Degree
    A felony in the second degree is punishable by no more than fifteen years imprisonment in a state prison and a fine of up to ten thousand dollars. In addition, the defendant may also be ordered to pay the victim restitution as ordered by the court.

    Felony in the First Degree
    A felony in the first degree is punishable by no more than thirty years imprisonment in a state prison and a fine of up to ten thousand dollars. In addition, the defendant may also be ordered to pay the victim restitution as ordered by the court.

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