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James Kevin Hayslett

James Hayslett’s Answers

526 total

  • Am on probation for an OUI, which was CWOF'ed - can employers see this?

    I'm in the middle of a 2yr probation for an OUI w/an accident in MA. The case was CWOF'ed. The worry I have is a prospective employer will see this in a background check, or through a check of my license. I'm a medical salesman, but don't requi...

    James’s Answer

    Unfortunately there are a lot of sites now that will capture public information store them and post them on the Internet.
    Think of sites like, busted etc.
    Even if you get your case resolved and ultimately dismissed and sealed or expunged these sites will hold that information and have that available for potential future employers.
    Gone are the days that you could have your case expunged and expect no one to ever find out about the arrest.

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  • Afetr 2 1/2 yrs on probation I have failed 2 drug tests in 3 months. PO is going to talk to judge. What will happen?

    2 1/2 yrs on 5 yr shock probation for trafficking and possesion. Never failed any other test or had any other problems on probatio. 3 kids with no one to watch. I messed up bad. Charges are from 7 yrs agon but wasnt convicted till 3 yrs ago. 8 mon...

    James’s Answer

    It's hard to tell with the information you provided. Normally there would be some jail time associated with a violation of probation as you have stated. I would recommend that you contact an experienced criminal offense lawyer town to assist you with your matter.

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  • What are my consequences for shoplifting at Walmart?

    I am going to court being charge for shoplifting at Walmart. They made me sign papers admitting that I shoplifted. They let me go after they took down my information. I was charged for stealing about $100 worth of stuff. I am just wondering, w...

    James’s Answer

    A couple of questions first. Is this your first criminal offense?
    If it is you may be eligible for a diversion program which will require you to pay restitution, meaning you have to pay back the money or give back the merchandise plus do community service hours and/or pay some court costs. If you do this your case may be dismissed. Otherwise you would be looking at a small fine and or a period of probation.

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  • I was recently charged with a DUI citation, but was not driving when I was caught. Is it possible that i could get it dropped?

    I truthfully told the officers and campus police of UNO (University of Nebraska - Omaha) that I had been driving. Even though they had no proof I was driving.

    James’s Answer

    Driving or being an actual physical control of the motor vehicle is an essential element of DUI. If law-enforcement cannot testify that you were driving they cannot use your statements alone to prove that element. I recommend recommend that you retain an experienced DUI attorney in your town.

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  • I have a misdeamnor case in Washington County oregon I finished my probation payed all fines and stayed out of trouble.

    Can I apply for expungement early by getting judge approval? I know law states three years but can a judge approve early where the scenario is that I could land a good job with an expungement?

    James’s Answer

    First of all there is a three year waiting period from the date your case is concluded meaning that you were off probation until the time that you can petition the court for an expungement.
    You need to first make sure that you were off probation and all conditions have been met first then after the waiting. You can file a motion/petition to have your case expunged.

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  • Charged with 2 class d felonys for theft 60 years old never been arrested before have admitted guilt what can I expect

    I a m in indiana and this happened at my place of employment this was cash taken not merchandise

    James’s Answer

    Your question is a great example whiy getting an attorney involved early on can make a big difference your criminal case.
    There are several options that can occur the prosecutor can proceed on the case as charged or they can agree to file a lesser included charge.
    You really need to hire an experienced criminal defense lawyer to assist you with this case as they may be able to dramatically change the outcome.

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  • Can you get your license back without attending DUI classes.

    Last dui 1996. Never completed classes. Age 63 can license be issued w/o classes?

    James’s Answer

    Typically the answer is no. The division of motor vehicles controls the status of your license and if you don't complete DUI school they will hold you in an expired/revoked mode until you complete the class and show them proof.

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  • Can 18 yr old get probation for aggravated robbery charge

    Got arrested in july for class b misd. Put on 1yr preferred adjudication nov.2 2012 probation&comm service. DA got paperwork sayin aggravated robbery in april (not filed yet) what are chances didn't kno person was going to be robbed. Was passenger...

    James’s Answer

    First of all these are very serious charges and I would highly recommend that you retain an experienced criminal defense attorney in your town.
    Being said the prosecutors office may choose not to file the charges but if they file the charges you can still be charged under the Siri of being a principal to the criminal defense.

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  • My Husband was attacked/assaulted at the grocery by employee's, should he be able to press criminal charges and sue the store ?

    He was making a purchase at the store and was attacked by 4-5 employees he was injured, when the police arrived he was given a slip of paper with a number but no other information he wants to press charges but the employee's were not arrested, an...

    James’s Answer

    There are two avenues for your husband.
    First he can retain a civil lawyer and sue the business under the premise liability theory or Under the civil battery tort.
    The second is he can seek criminal restitution through the criminal courts.
    Remember though individuals do not bring criminal charges that's up to the prosecuting attorney.

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  • I was caught shoplifting at Macy's and I was arrested for it. Could it affect me from applying for my U.S. Citizenship?

    But this was my first offense. I only got arrested once. I will get charged with a misdemeanor because it is my first offense. I only got arrested once in my entire life.

    James’s Answer

    • Selected as best answer

    Any criminal charge potentially can affect your road to citizenship.
    Some convictions such as crimes involving dishonesty or false statement like a Pettit theft are more of a problem than minor traffic offenses.
    You need to contact a criminal defense lawyer who also understands immigration to assist you with this case.

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