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Patrick Mahaney
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Patrick Mahaney’s Answers

1,786 total


  • Can I sue a state for suspending my license by mistake and caused me to lose my job and transportation

    I tried for several months to get them to get it right and after four months and no job or transportation they admit they made a mistake

    Patrick’s Answer

    Probably not. The state of Alabama and all agencies of the state of Alabama are immune from lawsuit in a state court under the doctrine of sovereign immunity. See, Art. I, section 14 of the Alabama Constitution and related cases.

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  • Can you be prosecuted for a case where you were arrested on Monday but there was no complaint filed until Tuesday ?

    Legal

    Patrick’s Answer

    Yes. The officer most likely made a warrantless arrest as authorized under Code of Alabama, 1975, section 15-10-8 and the Alabama Rules of Criminal Procedure, Rule 4.1. The officer has up to 72 hours to file the affidavit for warrant or to issue the UNTTC.

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  • DUI

    I was having trouble with my steering and crossed over a lane. A cop pulled me over, gave me a field sobriety test (which I passed), he searched my vehicle for drugs (none found). I was arrested for multiple lanes and DUI. Are my license immedi...

    Patrick’s Answer

    If you are convicted of a DUI, even while operating a personal vehicle, and you held a CDL at that time, your CDL will be disqualified for one year. If you were convicted of DUI and had not yet obtained a CDL, the state will not issue you a CDL until one year had elapsed from date of conviction. Two DUI convictions in a lifetime will result in a lifetime disqualification to hold or to obtain a CDL.

    You absolutely need a qualified criminal defense lawyer to assist you. There are many facts that need to be examined. The burden of proof is upon the prosecution to prove beyond a reasonable doubt every element of the offense. You are presumed innocent as a matter of law. However, the officer's testimony often carries undue weight in a local court. Your best course of action to retain the best criminal defense attorney that you can afford. Check the Avvo listings under 'DUI/DWI' or check the listings of the members of the National College for DUI Defense (NCDD) at: www.ncdd.com.

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  • Will a lawyer be a good route to take, for two warrants driving with suspended license in two cities?

    I'm a 55 year old male and my license has been suspended at least 20 years. In order to get my license back I must clear up these two warrants with the City of Birmingham and Homewood. They want allow me to make payments. They would like all mon...

    Patrick’s Answer

    If the ticket is more than a few years old (say, more than three years old), it is unlikely the arresting officer can be located. If the ticket is more than five years old, it is high likelihood (almost a near certainty) the arresting officer has left employment, transferred to a different agency, been fired or resigned from employment, or any number of actions that make it very difficult for the prosecutor to locate the arresting officer and have the officer testify in court. That includes making a positive identification of the defendant. Your best course of action is to retain an attorney to represent you in both courts (which are locate within the same county), and file a motion for trial. When the trial date comes, appear in court and retain your plea of not guilty. It is up to the prosecution to produce a certified copy of the driver license abstract at the time of trial. So, even if the officer appears, it is even more unlikely the prosecutor will have the certified copy of the license status on the date of arrest from the Department of Public Safety. Get a good lawyer and settle the cases as soon as possible.

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  • I got a 102 mph ticket in a 70 in Alabama, should I hire an attorney and what should I expect?

    What are the chances I can get it reduced?

    Patrick’s Answer

    Yes, absolutely! Anytime an attorney represents you in a court, there is always a better chance of achieving a good outcome, as compared to representing yourself. Check the listings under Avvo 'DUI/Traffic' attorney section or check the listings of members of the National College for DUI Defense (NCDD) at: www.ncdd.com. Although this is not a DUI case, members of the National College deal with traffic tickets and traffic courts on a weekly basis and are probably better situated to deal with this type offense than are regular criminal defense attorneys.

    Keep in mind that all traffic offenses in the state of Alabama are criminal offenses and carry the possibility of a jail sentence. It is not uncommon for a district court judge to order a speeder that was operating in excess of 100 miles per hour to spend a weekend in jail. I have seen several district court judges in various counties around the state impose a fine and a weekend jail sentence as punishment for this exact offense. You should take it seriously and seek the best legal counsel you can afford.

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  • I was at a chucky cheese pizza and I found my 5 year old mentally ill son had made his way outside...is there grounds for a suit

    Management says he COULD have went out the emergency doors ....but the alarms did not go off...the door greeter wasn't at the main door either..so he could have just walked out the front...4097797074 is my number

    Patrick’s Answer

    Chucky Cheese Pizza is not responsible for monitoring the behavior of every child that enters the establishment or for guarding every child's safety. That is the responsibility of the parent or guardian. The only legal duty imposed by law on a business establishment such as Chucky Cheese is a duty to not expose patrons to an unreasonable hazard and to warn of any hazards that are known to exist. A business is not a guarantor one's safety.

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  • What if you are accused of a crime, but after giving it serious thought you just don't remember doing what you are accused of

    doing. what should you do plead guilty ?

    Patrick’s Answer

    It doesn't matter what you remember - it only matters if the prosecution can prove the elements of the offense beyond a reasonable doubt that you committed the alleged offense. Your lack of memory is no defense to any crime or offense. However, your inability to remember specific information will certainly hinder your attorney's representation in this matter.

    Your best course of action is to seek the legal services of a qualified criminal defense attorney to assist you. Under no circumstances should you try to represent yourself - that includes making the decision to enter a plea or to settle the case without a trial. Such decisions have long-term implications and the decision to plead guilty cannot later be set aside. Once the plea is entered and accepted by the court, it is final and cannot be later set aside absent the most extraordinary circumstances. For a listing of qualified criminal defense lawyers in your area, check the listing under Avvo 'Criminal Defense' or check the listings of attorneys who are members of the Alabama Criminal Defense Lawyers Association (ACDLA) at: www.aclda.org.

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  • What happens if I sign a non compete?

    I'm an independent contractor who works 8 to 5 for one company.

    Patrick’s Answer

    Consult with a lawyer that deals in labor and employment law. Alabama law recognizes non-compete agreements, but under very limited circumstances. See, Code of Alabama, 1975, section 8-1-1. Under that section of law, an agreement to enter employment for Party A may include an agreement to not conduct business at a later time in the same line of work and in the same locale by Party B, if Party B later leaves the employment of Party A. However, such agreements are limited in duration, geographical area, scope, and type of work. As a general statement of law, non-competition agreements are disfavored in the law and will be upheld only if the work involves highly technical, propriety knowledge or specialized training that is not commonly known and could not be reasonably gained unless the competing party had been given "trade secrets" or other confidential information during the course of employment. Even if that fact is shown, the person seeking to enforce the non-competition agreement must show that the agreement is reasonable as to duration, locale, and scope of business. Your best course of action is to discuss this matter more completely with an employment law attorney.

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  • What kind of penalty could someone expect for a misdemeanor marijuana conviction in the state of Alabama?

    If someone already has a felony possession of a controlled substance (marijuana) conviction on their record, how would the misdemeanor charge affect them?

    Patrick’s Answer

    Possession of marijuana in the second degree is a Class A misdemeanor offense and may be punished by a substantial fine, court costs, incarceration in jail for up to one year, supervised or unsupervised probation for two years, mandatory court referral classes (CRO), color coded and ordered to submit to drug screens, and mandatory suspension of driver license or privilege to operate for six months.

    Your best course of action is to seek the professional services of a qualified criminal defense attorney to assist you.

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  • If you get convicted of domestic violence 3 in district court, can you appeal ?

    Legal

    Patrick’s Answer

    Yes, every conviction entered by a district court may be appealed to the circuit court for a bench trial (judge only trial) or a jury trial. However, there are very strict timelines that must be followed when filing an appeal, or the appeal is deemed "out of time." Your best course of action to seek the professional legal services of a qualified criminal defense lawyer to assist. You absolutely should not attempt to represent yourself in any criminal case, and especially one that carriers such severe penalties as the charge of domestic violence.

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