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Mark Roy DeVan

Mark DeVan’s Answers

3 total

  • When out on a personal bond for a dv charge and case is transferred to a new court will they set a new bond all over again?

    My boyfriend was arrested on a domestic violence charge and released on a personal bond and the judge also dismissed our protection order so he could remain living with me since we are expecting a child together. ( the dv did not occur while I was...

    Mark’s Answer

    The next judge on your boyfriend's case has the discretion to increase the bond and reissue a protection order. Obviously, additional incidents will be considered by the court. The position of the prosecutor on the bond and a protection order will be important. Your boyfriend needs to stay out of trouble and hire an attorney to make inroads with the prosecutor before his next court appearance.

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  • In a federal case, does the judge take into consideration a similar crime of theft committed more than ten years before?

    Will sentencing guidelines be affected by a similar crime committed more than ten years before?

    Mark’s Answer

    Yes. Either because it factors into the defendant's criminal history, or because of its similarity to the present offense. It depends on the degree of the prior theft and whether the defendant was sentenced to prison or received a term of probation. In either event, most judges would look at the defendant as not having learned a lesson the first time, although there might be mitigating circumstances that would cause the court to extend some leniency. Discuss all this with an attorney familiar with federal criminal law and sentencing.

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  • If an employer was negligent in hiring me and I embezzled money, can the negligence be used in an effort to not file charges?

    I was accused of embezzlement and I was convicted of embezzlement 17 years ago. I disclosed the information and I was fingerprinted at the time of application for this position. Can the employer be held liable in some way for employing me in a pos...

    Mark’s Answer

    As to your last question, no. Beyond the obvious of how a jury or court might respond to your position, the greater and more immediate problem would be engaging in that conversation with the employer or others. The employer would then have the opportunity to tell law enforcement, and later, a jury or judge, that you made admissions of embezzlement or did not deny the offense when he or she confronted you on the matter. I strongly urge you to seek out an attorney for advice on the best way to handle this difficult and sensitive problem.

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