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Patrick Mahaney
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Patrick Mahaney’s Answers

1,810 total


  • I have a no-contest DUI from 08/14 in Pensacola, FL - AL DL suspended - What do I do?

    AL tells me FL must clear me from the National Registry of suspended drivers license. FL tells me I must go to an approved DUI Program/School. Neither will tell me where I can do this in AL (or in FL for that matter). I have been to the local AL o...

    Patrick’s Answer

    If you held an Alabama driver license at the time of the conviction in the state of Florida, the Department of Public Safety would have been notified of that fact by the Florida license agency and Alabama DPS would have sent you official notice by mail of suspension of your Alabama driver license as a collateral consequence of conviction. A plea of "no contest" in an out of state court is the equivalent of a guilty plea in the state of Alabama for driver license sanctions. See, Code of Alabama, 1975, section 32-5A-195(i).

    Your Alabama driver license will remain suspended your name is cleared from the National Drivers Registry (NDR). It appears that the state of Florida has entered a "hold" against your privilege to operate due to failure to complete a court order. The state of Florida will maintain the hold in the NDR until the entering court sends notice to Florida Department of Highway Safety and Motor Vehicles that the court order is complied or completed, and at that time, Florida DHSMV will release the hold.

    The way to clear this situation is to return to the sentencing court and have the court issue a modified order authorizing completion of the DUI program in an out of state location.

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  • Do I have to give an officer my driver license if he requests it?

    I am going to be making videos that are pushing the limits and I would like to know my legal obligations, in Ohio if an officer requests my identification.

    Patrick’s Answer

    Although I am not licensed in the state of Ohio, I expect the answer is "yes" in the state of Ohio - that a motorist must present a valid state operator's license (driver license) upon demand of a law enforcement officer. The state of Alabama has such a statute located at Code of Alabama, 1975, section 32-6-9, that states every motorist must present a valid operator's license upon demand or order of a law enforcement officer. Failure to do so could result in the possibility of one of several criminal charges, depending on the criminal code of that state. As example, if a person willfully refused a lawful order of a law enforcement officer, and that person was capable of compliance, that could be construed as "obstructing governmental operations" which is a criminal offense. Failure to present a driver license could be grounds for a custodial arrest and the tow and impound of your vehicle. The best thing to do is to follow any lawful order issued by a law enforcement officer and take your case to court.

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  • If i go into the Drug Court program will I be able to take my prescription narcotics.

    was charged with possession of controlled substance and distribution. I was in store parking lot in limestone county I was in car with my wife and there was undercover office in car next to us.. I was giving her medicine to take to our house I had...

    Patrick’s Answer

    As a general statement, if you hold a valid prescription and a valid doctor's treatment plan, the drug court program will not interfere with an on-going doctor-patient relationship. However, you cannot deviate from your treatment plan or take or possess any unauthorized controlled substances. You will be subject to routine drug testing while in the program.

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  • My husband was arrested for domestic violence in the 3rd although I didn't report any physical battery. What can we expect?

    He has a previous arrest from 6 years ago of public intoxication. The night he was arrested, we were at home and he only broke a cross and two plates in the house and some patio furniture outside. While I was in the house, and he was outside, he f...

    Patrick’s Answer

    Firing a weapon - in this case a shotgun - in a fit of anger could easily lead to the charge of reckless endangerment, a Class A misdemeanor offense. Discharging a weapon in or around a dwelling is a very serious situation and it is likely the trial court will treat it seriously. Your best course of action is to seek the professional counsel and assistance of a qualified criminal defense attorney to assist you in this matter.

    Check the Avvo listings for 'Criminal Defense' for a list of qualified attorneys in your area.

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  • Charged with robbery 2nd, harrasment but convicted to Theft of property 2nd Am I eligible for Expungent in AL ??

    Charged with robbery 2nd, harrasment but convicted to Theft of property 2nd Am I eligible for Expungent in AL ??

    Patrick’s Answer

    No. Robbery of any kind or degree is classified as a crime of violence and is not eligible for expungement. A conviction of any kind, misdemeanor or felony, is not eligible for an expungement. Only an arrest for a misdemeanor or certain non-violent felony offenses that did not result in a conviction are eligible for expungement under current Alabama law.

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  • Can I apply for a driver's licence in birmingham with an expired student visa but valid I-20, SEVIS and EAD card

    I am new in Birmingham area and wanted to apply for a driver's license. Students from my country (Congo) only get 6 months visa but 5 years I-20. I have a valid Employment authorization card and have just found an internship at the Red Cross. I ha...

    Patrick’s Answer

    The state of Alabama will not issue an Alabama driver license or non-driver identification card to a foreign national that does not hold a valid visa or permanent authorization issued by the U.S. government. See, Code of Alabama, 1975, section 32-6-10.1.

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  • Pre trial diversion community service Alcohol related charges

    I am considering pretrial diversion for alcohol related charges in Barbour county Alabama. I understand that there would be community service. Since i am from out of the state, would i be ble to do the community service in my state which is Georg...

    Patrick’s Answer

    In the first place, "Pre-Trial Diversion" for a DUI offense is discretionary with the Office of the District Attorney and the defendant has no legal right to demand participation or entry in the program. For a good number of reasons, a defendant applying for Pre-Trial Diversion for a pending DUI case may be denied. These reasons include prior offenses of the same or similar nature; whether or not the offender has previously participated in a Pre-Trial Diversion program in that jurisdiction or another jurisdiction; the seriousness or severity of the underlying offense; failure to pass a drug screen; whether or not the defendant held a commercial driver license (CDL) at the time of the incident (which prohibits participation in any Pre-Trial Diversion); unwillingness to pay the program supervision fees; or a non-recommendation by the District Attorney's Pre-Trial Diversion coordinator.

    Your best course of action is to seek the professional legal services of a qualified criminal defense attorney to assist you in this matter. For a listing of attorneys that practice law in this area, check the listings under Avvo 'Criminal Defense' as well as 'DUI/DWI' and check the listings of the lawyers who are members of the Alabama Criminal Defense Lawyers Association at: www.acdla.org.

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  • Court Referral program Albama

    I was convicted in Barbour county Alabama for alcohol related charges and have to undergo Level 1 CRO. However i live in Atlanta, GA. How can i request the transfer of my program to some other county in Alabama which is closer and easier to travel...

    Patrick’s Answer

    The CRO officer in Barbour County can transfer your supervision to any other CRO office in the state of Alabama. All it requires is a statement of hardship or work related conflict on your part. It may be possible to have your supervision and treatment transferred out of state as well.

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  • If I have a upocs charge and im eligible for youthful offender is there a good chance I would get unsupervised probation?

    No priors and I have a payed attorney

    Patrick’s Answer

    If you have a retained attorney, then you should be asking your attorney this question. It is ethically impermissible for a non-retained attorney to comment, offer advice, offer legal guidance, or in any other manner, interfere with the representation process between a client and an attorney when such representation agreement exists.

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  • Need Attorney for Criminal Drug Trafficking Case

    My cousin was arrested last night in Alabama on a drug trafficking charge. She is in Alabama jail with a very high bond. My understanding is that the trafficking started in Georgia but she was caught in Alabama.Im trying to find an attorney for he...

    Patrick’s Answer

    The state holding primary jurisdiction is the state of Alabama where the arrest took place. Even if the incident started in another state, whether it was Georgia or Texas or some other place, the state of Alabama will prosecute. Absent extraordinary circumstances, the state of Alabama will assert primary jurisdiction over this case and very quickly seek an indictment. There are many issues involved in the defense of a drug trafficking charge, to include the civil aspects of asset forfeiture under either state or federal law.

    You should be aware that drug trafficking under the Alabama Criminal Code is one of the most serious crimes that a person can be charged in this state and carries mandatory minimum sentencing that cannot be suspended or placed on probation. Depending on the amount and kind of drugs involved, if convicted the sentence could range from three years mandatory minimum to life without parole. It is indeed a very serious situation. Your best course of action is to seek the best lawyer your can find to assist you in this matter. Check the Avvo listing under 'Criminal Defense' and check the listings for the Alabama Criminal Defense Lawyers Association at: www.acdla.org.

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