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James Kevin Hayslett
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James Hayslett’s Answers

526 total


  • Judge denied Harassment injunction. So now what can I do? The sheriff never writes him a ticket for harassment.

    My neighbor keeps stalking me on our neighbors property and takes photos of me on my property and drives very recklessly on the road in front of my property. He drinks and drives drunk a lot. He has been harassing me for ten years now. I have had ...

    James’s Answer

    I would contact a civil trial lawyer to see if there's any civil claims that can be filed against him for his actions.

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  • A person no points was found guilty of intential 2nd degree murder in 98 and given 346 months, was he over sentenced ?

    my brother was a juvenile with no points and tried as an adult and and was given 346 months. his time is almost up but we found out a few people who had 4 points were given same time and we wondering if he was over sentenced or given a upper depar...

    James’s Answer

    I would recommend retain an experienced criminal appellate lawyer.
    It appears his sentence is greater than one would expect with that offense.
    I would need the following information: His complete juvenile record including dates of convictions. Is complete adult record including all convictions. Any basis the judge used to depart on his sentence. Any aggravating circumstances that was alleged by the prosecution.
    Knowing these factors would be a good start to analyzing whether not the sentence was legal and appropriate.

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  • Do you have to pay court cost on a criminal trial you lose?

    4 day trial

    James’s Answer

    Yes

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  • I have a 21 year old 288(a) conviction and the victims have recanted in a deposition. What is this precedent in Cal?

    My daughters have recanted all testimony, they were really young, and now we are seeking a precedent so they can file a petition in the County court. Also, isn't it their responsibility to come forward and hire lawyers? If the petition comes from ...

    James’s Answer

    Because of the long time period between the recantation and conviction it will be difficult to overturn. Most of your appellate time periods have passed. However the " New evidence" could be enough to reopen the case. The question is was the victims testimony the "sole " basis of a conviction or was there other independent evidence. Was this a plea or a guilty verdict?

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  • My daughter is in county jail charged with armed criminal action and 1st degree assault. Will she have to go to prison for this?

    It was a fight between her and her landlady. The weapon was a pipe like object from a kitchen chair. She held the pipe to her neck, but no serious injury. She drove herself to the hospital. My other daughter seen the woman shortly afterwards and s...

    James’s Answer

    Even though there was no serious harm to the landlady, your daughter is still looking at a very serious criminal charge. I would recommend that you meet with several experienced criminal defense attorneys in your town to get her the best legal representation you can.

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  • What is the typical sentence for a first time DUI in Modesto?

    I was arrested for a first time DUI in Modesto and both breath tests were 0.10. No accident or bad driving. What is the typical sentence for this and is there a chance they'll reduce it to a wet reckless, and if so, what is the sentence for a wet...

    James’s Answer

    I concur.

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  • My son asked for a lawyer first day he was in custody. They are continuing to question him. What can I do about that?

    Its my understanding that questioning should stop once you ask for an attorney. He has no charges yet so he can not get a public defender until he has charges. Thats what states attorney of illinois told me.

    James’s Answer

    • Selected as best answer

    You are correct. Once your son requested he speak to a lawyer all questioning should cease immediately. You need to either attempt to hire a private lawyer for him to contact the public defenders office on his behalf and enlighten them on what has occurred with your son.

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  • If your case was dismissed and never went to trial, how long do you have to wait to have your records expunged

    I am asking about a gross misdemeanor (4) in the State of Washington. It was dismissed with prejudice.

    James’s Answer

    No waiting time required I believe. You can start the process immediately.

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  • What do you do when your court appointed lawyer wont answer you?

    My husband is in jail in canton ohio he was given a court appointed lawyer over the past month my husband me and his mother have all tryed to contact him but he never returns any calls he accidently answered when his sister called and told her he ...

    James’s Answer

    First of all your husband's court appointed attorney or a public defender have no requirement to speak to family members.
    In fact because of their over- burdened caseload generally they will only speak to their own clients i.e. people like your husband.
    Suggest to your husband that he send a request in writing to his court-appointed attorney if after several attempts the attorney does not discuss with your husband the facts and defenses this case he can petition the court for a new lawyer.

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  • Will my zero tolerance ticket be dropped considering they did not read me my rights?

    ok i got pulled over for a fogged up winshield and the cop smelt alcohol so i let him seach the vehicle n he didnt find anything so i blew and it read .028. he then took me to the police station and asked me question but never did he read me my ri...

    James’s Answer

    When the biggest misnomers is that if law-enforcement fails to read you your Miranda rights your case is dismissed.
    This is not true. Miranda rights apply to custodial interrogation.
    Meaning before law-enforcement can you use your statements against you you must be in custody and you must be answering questions post miranda. If you are not in custody or you are making spontaneous statements Miranda does not apply.
    Also remember if law-enforcement observe the elements of the crime they need not ask you questions about what you did or didn't do.
    For example if a witness you commit an arm robbery they're not required to ask you if you committed the crime.

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