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James Kevin Hayslett

James Hayslett’s Answers

526 total

  • If you have no prior record and get a misdemeanor possession controlled substance charge, how long before it can be expunged?

    It is really affecting finding a job and it wasn't even mine it just was found in my car from someone who didn't want to get caught with it so I got the charge. I've never had more than a speeding ticket and that was years ago but the stigma of t...

    James’s Answer

    The underlying case needs to be resolved before it can be taken off of your record.
    You have several avenues to resolve your case:
    Be acquitted at trial, plead in such a fashion that allows you to have your case sealed or expunged, enter a diversion program which will get the case dismissed.
    Only after the cases been resolved meaning that you were off of probation or the diversion program is completed can you begin the process to have your record cleaned

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  • Assault with a deadly weapon other than a gun and attempted murder and I only need answers for the state of California

    My friend's son had a warrant out for his arrest and the police were tipped off where he was, they didn't park their vehicles in front of the house where he was so he could see their cars, when the police are out in front of the house her son sees...

    James’s Answer

    First of all law-enforcement does not charge him with a crime.
    Charges are brought by the District Attorney's Office after they evaluate all of the evidence and witnesses.
    Many times charges are brought when a layperson looking at the evidence would think that they wouldn't.
    The burden of proof is ultimately on the prosecuting attorney to convince either a jury or judge that the elements of the crime were committed be on end to the exclusion of any reasonable doubt.
    That being said these charges are extremely serious and could lead to a significant prison sentence.
    I would urge you to contact an experienced California lawyer in your town to assist you with this matter.

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  • What happens if ur on parole in maryland and you violate it when you leave state & commit a misdemeanor?

    my boyfriend would of gotten off parole in nov. 2013 but instead he moved to pa on feb. 21, 2012 because he was kicked out of his home...he committed a misdemeanor by stealing scrap and got 3-12 months and they said it could run concurrent but now...

    James’s Answer

    These are both good questions for his lawyers.
    Obviously he needs to be sentence for the new crime in Pennsylvania but he also will have to face a violation of probation charge in Maryland.
    He needs to have a conversation with both of his lawyers in attempt to run the jail time concurrent.

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  • Can a officer catch u with >1oz let u go and threaten to lock you up if you dnt give them a supplier in a couple of days

    I was walking in my neighborhood with a friend when the police swung up on us asking us not to move and found a scale and a gram of marijuana on my person, The officer let me go and advised me that he needs a dealer name he gave me his number and ...

    James’s Answer

    Please officers have discretion.
    That means they can choose not to arrest you for a minor amount of marijuana in an effort to make a case against a larger dealer or bigger fish.
    This is an investigative technique that has been used for years.

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  • Ist offender revoked in 2010 I completed probation,I need to know if it can be reversed so it doesn't show on my record .

    Had no charges after that of before that does that make any difference?I had a probation violation thats when they revoked it in 2010.

    James’s Answer

    Technically if you've had a probation violation and you had your probation revoked you have been convicted of that charge.
    Most states prevent you from having a ceiling or an expungement if you had a formal conviction or adjudication of guilt.
    I would check with an experienced criminal defense lawyer who does expunge Mets and Yorktown.

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  • I have probation revocation coming up, for never showing up to probation a couple of years back because i couldnt pay cc.

    I know i screwed the pooch. I have the money for those previous court cost and this up and coming court costs and was wondering what my options are on how a judge might rule?

    James’s Answer

    Well losing contact with your probation officer and not paying fines court costs or other financial obligations does set you back a bit. The judge will get the impression that you just didn't care about you were obligations. I always believe a good defense is a strong offense.
    I would retain an experienced criminal defense attorney in your town first.
    I would make sure that you have gathered all of the outstanding fees and costs and have them either paid or able to be paid at your first violation of probation court hearing.
    If you can have all outstanding conditions finished or able to be finished this will take the sting out of a sentence the judge might give you.

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  • Hi. I have been arrested...

    Hi. I have been arrested for 5 accounts of theft under $5,000 achieved through a crime (breaking into unlocked cars). The items stolen were Global Positioning Systems (GPS's). I currently am 17 years of age and my country of residence is Canada. ...

    James’s Answer

    Because of your age you are eligible for a YO known as a youthful offender downward departure.
    Probation with restitution as a condition.

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  • Firearm possession after felony

    My husband was convicted of 3rd degree felony for marijuana possession back in 2004. If he is not allowed to possess firearms, does this mean that since we live together, that I also cannot possess firearms? I am not clear on the technical lega...

    James’s Answer

    If you have a firearm it makes it easy for your husband to be charged with felon in possession of firearm. The possession can be constructive versus actual.
    I always advise my clients that if one spouse has a felony conviction if they want to own a firearm Store it at a different property or at a locker at the gun range.

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  • Was not charged but want me to call and talk to detective

    I wasn't even home and got accused of being at home with drugs I work double shifts I have my employees for witness I work double cause I pay 2000.00 child support I was not there when police got called my wife heard and got a glimpse of someone r...

    James’s Answer

    • Selected as best answer

    Even though it sounds like you have a solid alibi I would still recommend speak to an experienced criminal defense attorney to assist you with talking to the police.

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  • Will I lose my car over this issue

    I loaned my car to someone that was to take it to be repaired. He was arrested on probable cause, fleeing a police office and 5th degree drug possession and was driving on a revoked license

    James’s Answer

    No you shouldn't. There is some really good caselaw on innocent third parties when it comes to forfeitures of vehicles. I would hire an experienced criminal defense lawyer who handles forfeiture defense.

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