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Patrick Mahaney

Patrick Mahaney’s Answers

1,864 total

  • How much will I most likely receive for 2 counts of 1st degree robbery in Alabama

    Out right now bond was set at $50,000 gun was involved no shots fired I do have a lawyer I'm just looking for a estimated sentence going to grand jury I'm also 16 so.... Yeah

    Patrick’s Answer

    It is impossible to "estimate" a sentence. The statutory sentence for armed robbery - a Class A felony offense - is 20 years to life imprisonment. If two Class A crimes are committed, the sentence is to be served consecutively, or in this case, 40 years to life. There are many factors involved to include prior criminal history, seriousness of the current crime alleged to have committed, the perceived danger to the public, the use of a firearm and the imposition of the mandatory five year "add-on" sentence, and most importantly, whether or not the District Attorney will offer a reduced sentence if a plea offer is entertained.

    Your best course of action is to retain the best criminal defense lawyer that you can afford.

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  • Will the D.A. dismiss a statutory rape case...

    Will the D.A. Dismiss a stat rape case if there is little to no evidence, no forensics or DNA, and there are multiple texts about how the sexual act never happened?

    Patrick’s Answer

    In this age of "CSI", there is a mistaken belief by nearly every defendant that a DNA test is required to prove a sexual assault. That idea is simply false. The word of the complainant/victim is certainly enough to bring a prosecution in any crime, to include a sexual assault case. If the DA believes that the case is valid and has merit, the case may be prosecuted on the testimony of the victim alone.

    Your best course of action is to retain (hire) the best criminal defense lawyer that you can afford to represent you in this matter. Rape II is a serious felony offense and carries the possibility of a long prison sentence and a substantial fine and the mandatory registration on the state's Sex Offender Registration list. The state Sex Offender registration requirements are very strict and could result in additional prosecution for failing to register or failing to comply with the strict rules and regulations. It is clearly in your best interests to seek the best legal counsel that you can afford. Check the Avvo listing under 'Criminal Defense' for qualified attorneys in your area. You may want to look outside Lee County and check the listings for the lawyers in the metro Montgomery area as well.

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  • I was arrested in dec 2011 for possession of a controlled substance. It is now Nov 8 2015 and I have not been indicted yet.

    Wondering if there was a statute of limitations on being indicted????

    Patrick’s Answer

    See, Code of Alabama, 1975, section 15-3-1, titled "Felonies generally" which states: "Except as otherwise provided by law, the prosecution of all felonies, except those specified in Section 15-3-3, Section 15-3-5, or any other felony that has a specified limitations period, shall be commenced within five years after the commission of the offense."

    The fact that you were arrested generally tolls the statute of limitations. Whether or not the general standards of "speedy trial" are implicated under the Barker v. Wingo four-part test concerning speedy trial and whether or not you are entitled to any relief requires a detailed examination by a qualified criminal defense attorney. Your best course of action is to retain a qualified criminal defense attorney in your area. Check the listings under 'Criminal Defense' in the Avvo section of lawyers in your area.

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  • If we prove illegal search and seizure do we have grounds to sew

    We are facing criminal charges on a search that had no probable cause. If persay the judge deems that the search and seizure was infact unjust will we have oppurtunity to sue the state and or police

    Patrick’s Answer

    The state of Alabama, and all agencies and departments of the state, is immune from law suit in a state court under the doctrine of sovereign immunity. See, Ala. Const. Art. I, sect. 14.

    Law enforcement officers are generally protected from law suit in both state and federal courts under the doctrine of "qualified immunity" which generally shields even the most egregious actions, absent willful and wanton misconduct. Unless you can prove the law enforcement actions were undertaken with malice and wrongful intent, the chance of prevailing past a summary judgment motion are low.

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  • What happens to the other driver after an accident if they had a previous ticket for not having a license?

    The light was green as I was turning into the left turning lane. The car in front of the car I hit went and the car I hit acted like it was turning but changed their mind the last second when they light turned yellow and stopped completely. It was...

    Patrick’s Answer

    Possession or non-possession of a valid driver license is inadmissible and irrelevant. Under Alabama law, a law enforcement officer may not issue a traffic citation to the operator of a motor vehicle at a traffic accident location unless the officer personally views the operation of a motor vehicle, with the sole exception to making an arrest for DUI at the scene of an accident. See, Code of Alabama, 1975, section 32-5-171.

    By your own admission, you struck the vehicle to your immediate front. The common law duty of maintaining a safe distance is required of all motorists. It would appear that the proximate cause of the accident was your failure to maintain a safe stopping distance.

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  • Arrested for minor in consumption of alcohol in alabama. What is the chance I'm convicted under 28-1-5 instead of 28-3A-25?

    This is my first offense and can plea youthful offender, but if charged under 28-3A-25 obviously my license will be revoked. The fine under 28-1-5 is also significantly cheaper. I blew a .049 on the breathalyzer at the time of arrest. My friends ...

    Patrick’s Answer

    Your best course of action is to retain (hire) the best attorney you can locate and plead not guilty. A "breathalyzer" as you have described (most likely an Alco-Sensor III or IV) is not admissible into evidence and may only be sued to establish probable cause. Only a state certified evidentiary breath test instrument, currently the Draeger Alco-Test 7110, may be used to provide admissible breath test analysis for evidence in a court of law.

    An “Alco-Sensor” is a type of preliminary breath test, or PBT, instrument commonly used by police personnel to field test, or screen, vehicle operators for evidence of intoxication or alcohol impairment. The most common devices currently used are Intoximeter’s Alco-Sensor model III the Alco-Sensor IV. The device uses an electrochemical fuel cell, consisting of five layers of material compressed onto a wafer with an electrolyte, to analyze alcohol in the breath. The testing officer holds the device close to the motorist’s mouth and directs the motorist to blow into a disposable plastic tube which diverts a small part of the exhaled air into the device. The device captures 1 cc of exhaled air which is exposed to the surface of the fuel cell. Through oxidation on the fuel cell, any ethyl alcohol in the breath will release electrons that create an electronic flow along a conductor and out of the fuel cell. The current is then amplified and digitized and read off a small screen on the device.

    The Alabama Court of Criminal Appeals has long held the “results” of the Alco-Sensor inadmissible into evidence in a DUI trial for three reasons:
    1) The Alco-Sensor device is not an evidentiary, state approved breath test instrument
    2) There is no established, state approved, test administration or test protocol
    3) There is no licensing permit or certification requirement of the operator
    [The sole exception to this general statement is the use in commercial motor vehicle enforcement. See, Code of Alabama, 1975, section 32-6-49.13 (b)(1).]

    I doubt seriously that with a vigorous defense to this allegation that the prosecution could prove its case beyond a reasonable doubt as is required in every criminal case.

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  • Suppose you are found innocent

    Suppose a shopper, accused of shoplifting, is found innocent by the courts? What THEN? Is it possible to counter sue to recover the (so far) $1,500 lawyer fee, along with any pain and suffering incurred due to what one might consider a rather br...

    Patrick’s Answer

    Unless you can prove that the arrest was maliciously and willfully undertaken to deprive you of an established legal right, there is probably little that can be done.

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  • Can an attorney help

    My son has been arrested several times since he was 16 and most recently a year ago at 33. All charges were for unpaid traffic tickets, possession of marijuana and one time he had a couple pills that were a controlled substance. He served 2 year...

    Patrick’s Answer

    Your best course of action is to seek the professional services of an attorney that specializes in probation and post-conviction sanctions. If a warrant has indeed been issued for probation violation, then your son is entitled to a "due process" hearing before he can be incarcerated (jailed). It is possible that with satisfactory representation, the court may decide not to incarcerate your son, but instead, to impose new or alternative probation requirements. Check the Avvo listing under 'Criminal Defense' for a qualified attorney in your area.

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  • Will he need to go to court to regain custody?

    On Nov. 11, 2010 my husband was awarded temporary custody of his minor child. In Feb. 2012 he was awarded full custody. I asked for my name to be added to the custody orders ( I am step-mother) in case anything were to happen but our attorney did...

    Patrick’s Answer

    This is an extremely complicated fact situation that will need the attention of a qualified family law attorney. The single over-riding concern of the circuit court will be "the best interests of the child". That phrase is used repeatedly in nearly every legal opinion that deals with child custody and modification of child custody. There is no single factor that determines which parent will be awarded custody, but taken as a whole, the court must determine which parent will provide the best care and supervision and support of the child and whether or not it is in the child's best interests to remain with one parent or the other.

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  • Can the appellate attorney in a direct appeal request that the original police report be included in the record of appeal?

    The original police report shows all of the inconsistencies between the original police report and arrest affidavit. The original police report benefits the defense. There is also a 911 tape that was not put into discovery which also benefits the ...

    Patrick’s Answer

    Only the trial transcript and the clerk's record of exhibits, along with the brief of the appellate, form the appeal to the Court of Criminal Appeals. It is not the function of the Court of Criminal Appeals to "re-try" the case; only to determine if reversible error was made during the trial.

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