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Robert Raulsten Kurtz
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Robert Kurtz’s Answers

10 total

  • What is sentencing procedure after told to plea by your attorney?Atty said we were to see p.o. statement before the Judge?

    What can you do if the sentencing hearing is in45 days and you have heard nothing of the p.o.'s report? My husband plead and gave up most rights and they shipped him 500 miles away to await sentencing. His attorney said in the meantime he would b...

    Robert’s Answer

    This sounds like a Federal case and that your husband is being housed in Ocilla, GA. Normally, the attorney and the client will review the Presentence Investigation Report together and file any necessary objections prior to sentencing. After that, the attorney will file a sentencing memorandum outlining the factors the judge should consider before imposing sentence. There is a lot of work that goes into a sentencing hearing in Federal Court.

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  • PULLED OVER FOR TAG LIGHT OUT BUT CAN PROVE WAS WORKING. NO POSSESION OF DL POSSESSION OF DRUGS IN SCHOOL ZONE. CAN CASE BE BEAT

    CHARGED WITH DRUG FREE SCHOOL ZONE POSSESSION WITH INTENT TO SELL OR DELIEVER COCAINE MORE THAN .5GRAM IN VIOLATION OF TCA 39- 17- 417. AND CRIMINAL LITERING. HOWEVER WAS NOT WITHIN A SCHOOL ZONE.

    Robert’s Answer

    If the officer did not have probable cause to stop you, then the stop is invalid and all evidence discovered as a result of the stop must be suppressed.

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  • I fell December 1, 2011, at Kroger's grocery store on Middlebrook Pike. I fractured my right hip and I need representation.

    A drain pipe that was not flush with the floor caused me to loose my balance and made me fall.

    Robert’s Answer

    Please remember that there is a one year statute of limitations in Tennessee for personal injury claims. Slip and fall accidents can cause serious and permanent injury. Please feel free to contact me to discuss this case further at 865/522-9942.

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  • If im on unsupervised probation for assuult charge of petty theft(shoplifting). What can happen??

    Pled gulity to assult. Was supposed to be expunged august 31 2012?? But got this new charge of petty theft plz help..

    Robert’s Answer

    The potential is that your probation on the assault case can be revoked and you can be required to serve 11 months and 29 days if you are found to have violated the terms of your probation. It would be beneficial for you to speak with a criminal defense attorney about your case.

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  • What motion do you file to change a sentencing error?

    My husband entered into a hand written plea agreement in April 2001 (federal) while he was still serving his state sentence. He got three counts dropped and plead guilty to 1 as well as his sentence would run concurrent with his state time.The DA ...

    Robert’s Answer

    Unfortunately, unless the District Court explicitly ordered the Sentence to run concurrent to the state sentence, it will be served consecutively. There may be other issues involved in the case, but normally, a federal sentence only runs while the individual is in the custody and control of the federal system.

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  • A friend of mine was involved in a hit and run accident. He killed three people. What's the minimum and maximum time he will do?

    He had been drinking earlier that night, he has had previous charges (DUI, simple possession, theft under $500), fled the scene of the crime, and told someone he planned to "go on a trip". The street was very dark, the people didn't have their haz...

    Robert’s Answer

    If charges as vehicular homicide then the possible punishment is as a Class C felony with a potential sentence of 3-15 years as to each count. Each person who was killed will be alleged as one count of vehicular homicide.

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  • I recently stole nail polish from walmart my 1st time offense wat are the consequences imm 22 and have a 3 week old baby boy?

    Hi im 22 years old and i have a 3 week old little boy my first child. I recently got caught stealing fingernail polish from walmart for the very first time i had planned on paying for it cuz i had a gift card i was gonna use but i didnt know how m...

    Robert’s Answer

    Theft under $500.00 is a Class A Misdemeanor punishable by up to 11 months and 29 days in jail. In addition, you may be responsible for restitution to Wal-Mart and court costs if you are found guilty.

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  • What is penalty for a 1st DUI with refusal in tennessee

    was not offered a breathalizer but was told was going to jail no matter what results of drug test was. was not told drivers license would be suspended or would have done it.

    Robert’s Answer

    The penalty for a first offense DUI (Class A Misdemeanor) in Tennessee is 11months/29 days in jail with a mandatory minimum sentence of 48 hours to serve. In addition, there is a minimum $350.00 fine, court costs, DUI school, 24 hour litter pickup and suspension of your license for one year, although you may be eligible for a restricted license.

    If you are found to have violated the Implied Consent Law, your license can be suspended for one year, although you may be eligible for a restricted license.

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  • What is the penalties for driving without a license in the state of Tennessee for your first time 55-50-301

    55-50-301 is the T.C.A

    Robert’s Answer

    Driving without a license, as opposed to driving on a revoked or suspended license, is a Class C Misdemeanor in Tennessee. The potential penalty is 30 days.

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  • I'm been charged with vandalism 5000.00 dollars worth of damage and dom. assault how much time am I looking at?

    how much time can I be looking at if convicted?

    Robert’s Answer

    Vandalism is graded the same as theft offenses in Tennessee. In other words, the dollar amount of the damage determines the offense level. If you are charged with vandalism between $1000.00 and $10,000.00, then you are facinga Class D Felony. The range of punishment is 2 - 12 years depending on your criminal history.

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