Mark Roy DeVan’s Answers

Mark Roy DeVan

Cleveland Criminal Defense Attorney.

Contributor Level 2
  1. In a federal case, does the judge take into consideration a similar crime of theft committed more than ten years before?

    Answered 6 months ago.

    1. Mark P. Maciolek
    2. Joshua Sabert Lowther
    3. James Lyle Dye Jr.
    4. Mark Roy DeVan
    5. Stephen Dillon Hartman
    6. ···
    6 lawyer answers

    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...

    1 lawyer agreed with this answer

  2. 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?

    Answered 6 months ago.

    1. Christopher Lee Beck
    2. Morgan Raye Sigman
    3. Ashley Lenore Jones
    4. Mark Roy DeVan
    5. Sherman Abdo
    5 lawyer answers

    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.

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

    Answered 6 months ago.

    1. Robert Phillip Odle
    2. Rolland Sizemore III
    3. David B. Carter Jr.
    4. Adam L. Holguin
    5. Becket J. Jones
    6. ···
    10 lawyer answers

    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...

    1 lawyer agreed with this answer