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James Kevin Hayslett
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James Hayslett’s Answers

526 total


  • There is any way to get hardship license or bussines license after second breathylizer refusal without waiting 18 months?

    In 2005 I was charged with a DUI and refused to submit to a BAC test after running my car into a ditch. I took the guilty charge and suspension and went on to a career in the military. I am now a reservist and was arrested in DEC of 2014 for sleep...

    James’s Answer

    Unfortunately there's no hardship license issued on a 18 month hard suspension.

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  • When does a civil conspiracy become a criminal conspiracy?

    Several people get together to violate another's property rights by failing to act on property issues. I understand with proof, the elements of a civil conspiracy. One of them falsifies a document, a record kept by the government an essential elem...

    James’s Answer

    A conspiracy is defined as an agreement between two or more people to do an act. The two or more people cannot include a law-enforcement officer. The distinction between a civil and a criminal conspiracy is the subject matter of the agreement. if the subject matter of the conspiracy is a criminal act then it becomes a criminal conspiracy. An agreement to possess or sell narcotics for example becomes a conspiracy to do that particular act. And agreement between two parties of a non-criminal act there for a civil in nature and not criminal.
    It's also possible to have a conspiracy for an act that is not actionable in civil or criminal court. The key to your question is what is the subject matter of the act and whether it's criminal or not.

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  • Can the police arrest someone and not file any charges its been almost two weeks

    It happened in alachua. County fl.

    James’s Answer

    Just because you've been arrested does not mean you've been charged. The State Attorneys Office will investigate your case to determine whether there is sufficient evidence to proceed. Under speedy trial they have 90 days for a misdemeanor and 175 days for a felony. The process usually takes around 20-30 days.

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  • How do I take a 21 hour level 2 dui school in Mississippi when they only have a 12 hour school?

    I had a dui in Venice Florida with a Florida driving license but I got on mail in status probation and moved back with my family in Mississippi but can't figure out how to take the 21 hour class here . Please help I have to be enrolled soon.

    James’s Answer

    The Florida DMV has a list of the approved out of state classes that they will accept and are approved. The best source for the list is at the Bureau of Administrative reviews. I routinely send my clients who move out of state before their DUI school classes to the equivalent DUI schools in whatever state they end up in.

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  • How do I get my expunged record offline?

    I went through a pretrial intervention program, fully expunged and sealed. I have the documents, how do I get my arrest offline? It's all over the Internet and it still comes up in a background check. What was the point of even getting it expunged...

    James’s Answer

    The best way is to send to the each individual site a certified copy of the expungement order.

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  • Can a person be charged with the same crime twice buddie pleaded guilty all 4 grams r buddys cop says hes glty court tomm in ga

    My son and his friend were heading back to Florida as his buddies son was just murdered in Detroit got pulled for speeding out of a pack of cars. Officers finds 2grms of marijuana on sons side 2 grams on friends side plus open container which was...

    James’s Answer

    To prove the charge of possession of controlled substance is like marijuana it can be proved several ways by actual possession or constructive possession. Actual possession is when it's in your hand in your pocket on your person. constructive possession is when it's in a bag in the vehicle or on the floorboard or in the trunk. The second part of the possession of a controlled substance charge is the state must prove you had knowledge of its existence and you had knowledge that it was a controlled substance. In this case two people can be charge for the same marijuana if the state can prove they constructively possessed it and had knowledge.

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  • What charges can be brought up?

    Maybe I didnt word the situation right the lady didnt want to pursue charges of her credit card just wanted her belongings back but the ind.was using the card and wAs being video on camera has he was making purchases and the subject had a family ...

    James’s Answer

    Typically any criminal offense requires intent and knowledge. From the facts that you presented neither are present. So no.

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  • Dddddddddd

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    James’s Answer

    Try that again

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  • My family get calls for extortion money in my Home country, & they say, if i will go back , they will kidnap me.( Assylum)

    I came in United States for Board exams, and will be staying for next few months, My parents told me this week, that some people are calling them on phone and asking for money, as they think, i came america for earning money, they say, if we wont ...

    James’s Answer

    More of an immigration question -
    Resubmit

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  • Arrested for two Misdamenors a couple months apart. How could they effect each other?

    I have been chqrged with two misdemanors a couple months apart, one for a DUI and another for solicitation in a sting. Prior to these incidents, my record was clean.. I have not been convicted of either case yet - the solicitation case i havent...

    James’s Answer

    Since you are currently not on probation for either offense pleading to one will not violate the terms and conditions of the other.
    You may think of consolidating both of them as many times a judge will not increase the fines or penalties for two Cases as opposed to one single case.
    It's hard to judge your best offenses with the best track to take in a vacuum of the site but I would recommend that you hired experienced from defense lawyer to assist you with your case.

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