Gregory Farzan Yaghmai's Answers

My son was arrested in Alabama for minor in possession of alcohol. He is 19. Is a lawyer required for his court appearance?

In my opinion, anytime someone is arrested for a crime in Alabama an attorney is needed. While it may appear not be a serious charge to some, if not handled properly it could follow your son for the rest of his life. For example, if he wants to go to medical school, become a police officer, or a stockbroker such a conviction could be a huge detriment. Also, since background checks are now cost affordable to almost all companies, a conviction could appear of his record and prevent him form...

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Can a one positive drug test while on probation for DUI cause probation to be revoked?

Judge possesses the authority to revoke probation on the violation of any condition. With one positive drug test, the judge can generally: 1) revoke probation 2) impose additional conditions to the probation 3) continue the defendant on probation. Make sure the defendant is represented by an expert in the DUI field even on a probation revocation hearing. Check NCDD.com for an attorney in your area.

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I was given an open container ticket do I need an attorney present ?

Is the case pending in Vestavia?

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I was cited for speeding. The officer didn't notice any bad driving other that that. No wide turns,blank stare,weaving, diff

Many arrest reports on DUIs in Alabama read, "bloodshot eyes, unsteady on feet, slurred speech, strong odor of alcohol." The SFST are subjectively evaluated by an inherently biased officer. In Alabama, at the municipal (or district court) level you can have a bench trial. If you are found guilty, you can appeal "de novo" (Latin for "from the beginning") and demand a jury trial. The real world impact is there is no longer a conviction and a jury would not even know a bench trial occurred....

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Should I hire a lawyer? If not, what should I plead?

You definitely need to hire an attorney. In that region, Patrick Mahaney is the premiere criminal defense attorney. 334-277-3974.

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How do i terminate non-custodial right in Alabama?

Feel free to give me a call. If I can't help, I'll direct you to someone who can. 295-985-2411

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Who are some of the best trial DUI Lawyers in the Tuscaloosa/Jefferson County area?

If you have a third valid conviction within five years, you are looking at mandatory jail time. Also, based on the facts of your case, you may fall under the new adopted "double minimum punishment" law. The experts in DUI Defense are members of the National College of DUI Defense. www.NCDD.com. I'm a member of this organization and located in Jefferson County. Feel free to give me a call 205-985-2411

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Do I have grounds to terminate my restaurant lease?

It depends on the language in your lease. Also, we're there any representations made to you regarding this issue that induced you to sign the lease. Feel free to call me as my firm handles an extensive amount of business litigation. 20-985-2411

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What type of evidence/ facts would beyond reasonable doubt be considered in a DUI Trial besides BAC level?

The trier of fact determines whether evidence is proof beyond a reasonable doubt. At the municipal (or district court level) it is a judge. If the case is appealed to the Circuit Court, then a defendant may make a demand for a jury. The prosecution attempts to elicit evidence from the arresting officer that usually includes subjective Standardized Field Sobriety Tests (SFST). They include the walk and turn and one leg stand. Generally the HGN (lay people refer to it as the pen test) is not...

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How do I apply for a public defender and should I request youthful offender status? I am 18 with no record and in college.

You will have to fill out an affidavit of hardship. The judge will determine if you are eligible for an appointed attorney. In theory, if you are granted Youthful Offender you can still plead not guilty.

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