Jason Matthew Mayberry's Answers

Being sued for non payment of credit card debt, is attending the hearing required under PA law

I'll first premise this by stating that I am not licensed in Pennsylvania. However, I feel that I can answer this question as it is a basic civil law question. Yes, your son should attend this hearing. If he does not attend, the attorney for the other party will move for what is called a "default judgment," which essentially means that the other side will receive a judgment in their favor as the court views your son's absence as his decision not to contest the allegation against him (...

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Is DUI conviction a felony or misdemeanor

Typically your run of the mill DUI is a misdemeanor in most states. In FL, and likely many others, a third DUI can be charged as a felony. If there is serious bodily injury or death, the DUI will be charged as a felony. You may inquire as to whether your DUI is eligible for sealing or expungement. Some state's specifically exclude DUI as an expungeable offense but it would certainly be worth investigating

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What can you possibly get charged with for stealing if you're 18 years old?

Based on the items you've described, you're likely looking at at third degree felony, punishable up to 5 years. If the value of the items is $100-$300, you are looking at a first degree misdemeanor punishable up to 11 months, 29 days in jail. Lastly if the value is under $100 you're looking at a second degree misdemeanor, punishable by up to 60 days in jail. On a collateral note, this is a crime of dishonesty. You need to get a criminal attorney immediately and hope that you can get some...

Notice to appear for possession of marijuana under 20 grams... HELP

You definitely need to contact a criminal attorney to help you with your case. Though an officer can ask for your ID, there must be some form of probable cause coupled with exigent circumstances to do an involuntary search of your car prior to arrest. Was there an odor of marijuana in your car? With respect to the "plain sight" and odor issue, those could give rise to a suppression motion. IE- If no odor or plain sight (in this case), no valid search. Further, based on conflicting...

I have a Felony Assault case pending. I want to know if it is true that my ex-fiance can't drop the charges until after my arrai

Unfortunately a citizen has no power to cease prosecution of any criminal case in Florida. Ultimately that is the Prosecutor's decision solely. However, if your fiance is the victim and only witness, her desire to cease prosecution has to be considered by the Prosecutor from a practical standpoint. Your arraignment generally has nothing to do with this decision unless the Prosecutor intends on bringing her to court to express her desire to drop the case on record (though this is highly...

How do i get Traffic tickets sponge

Unfortunately there is no way to get a civil traffic infraction removed from your record. It is possible to file a motion with the court called a "motion to amend disposition of infraction." If granted, this motion can change your adjudication of guilt (assuming that's what you have) to a withhold of adjudication, thereby removing points from your record and possibly helping to reduce your insurance.

Grand Theft over 300 under 2000

Below you will find the general theft statute in FL. Thus the State must prove that obtained or endeavored to obtain the property of antoher with the intent to permanently or temporarily deprive the owner of such property, or use the property for your benefit without their consent. Typically it boils down to whether they can prove that you took someone elses property without their permission. In your case an added element is that they must prove that the value of the property taken exceeded $...

Small Claims Civil Lawsuit

No, if the parties are the same. Res Judicata will preclude you from relitigating the same issue when the same parties are involved.

Truth statement on tshirt

As several other attorney's have stated, truth is an absolute defense to defamation of character. After researching a defamation issue earlier this month I have found that damages are typically very hard to prove in cases such as this. Thus, even if for whatever reason they avoided the "truth" defense, they may well have difficulty proving any kind of monetary damage to fulfill their claim. However, if you go on the work premises and they have posted signs or ask you to leave you may be a...

Traffic

yes an officer can amend the traffic citation prior to a hearing. however, i don't believe an officer would be permitted to amend the citation after he has been sworn in to give testimony, and then gives such testimony. I recently watched an officer amend a citation for violation of a traffic control device (approximately $125 fine) to a speeding ticket ($186.50) because the individual demanded a hearing. I believe had he attempted to do this post oath, he would have been denied.