Simon James Patry's Answers

Do they need a criminal defense lawyer? what is the most likely outcome without one?

Have to agree with everyone, your firend should absolutely hire an attorney before speaking with anyone.

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I work as an agency nurse how can i legally break a non-compete clause

Typically, businesses may impose some limited restrictions on your ability to compete with them. The key in your situation is whether the non-compete agreement is enforceable. Most non-compete agreements will be enforced by the courts if they protect a legitimate business interest, are limited in duration of time and are limited to a reasonable geographic area. However, there are certain issues that can be raised that may help you. Without looking at the actual contract/agreement, it is...

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Should I cash a check I was holding?

If they placed a hold on the check, your cashing it will not do you any good, as the bank will eventually take the money back. If you are owed money for services, depending on the value, you may want to consider small claims court. The jurisdictional limit however is only slightly above $3,000.00. If the services you provided were above that amount, you may want to weigh the cost benefit analysis of paying an attorney to file a law suit. I would suggest a local attorney who deals in this...

Is word of mouth enough evidence to convict?

If your questions is whether a witness could testify that they were told by another person that they saw the defendant taking the item and whether such testimony could be used as evidence against the defendant, the answer is generally no. All criminal trials are subject to the rules of evidence. An out of court statement being offered to prove the truth of the matter at trial would generally be inadmissable. However, if the witness is testifying that they saw the defendant take the item...

A lawyer on this site gave me the advice that if you are charged with your first OVI, that it should be dismissed due to section

I agree. Make sure the attorney you hire is local and handles many OVI cases.

I am 17 legal advice thank you

Without knowing more about your case and your previous record, it is difficult to advise you. However, you should contact the public defenders office and obtain an attorney to help you.

My fiance filed for judicial release 2 months ago and we haven't heard anything from the courts. What's next?

Without knowing more about the case it is hard to give you a concrete answer. Typically, once a motion is filed, if the Court will consider the motion (the court can deny it outright), it shall have the hearing in open court within sixty days. However, the Court may delay the hearing for one hundred and eighty additional days. Your best bet is to contact your attorney and inquire as to the status of the motion. Good luck.

I was pulled over for an OVI.

First, if you haven't done so, you should contact an attorney. While the discrepency in the report could be used to make arguments at a Motion to Suppress Hearing or Trial, it most likely not be sufficient to have your "case thrown out of court". However, it may provide some leverage for your attorney to work with.

I got a misdemeanor 1, what can happen to me at court?

Without knowing more about your case, it is difficult. Typically, if you hire an attorney and they attend court on your behalf the result is much better than if you would have gone in and just plead guilty. As has been stated above, without knowing the facts of your case, which municipal court you are to appear in the Dayton area, the charge, etc... it is hard to give you a more specific answer. Whatever you do, make sure you consult an attorney so that they may explain in detail the...

If I threw a shoe at my live-in boyfriend who called the police and filed a complaint, is it considered a Misdemeanor?

First, your boyfriend's requests that they dismiss the case will most likely fall upon deaf ears. Most municipal prosecutors in the Dayton area will not dismiss a Domestic Violence charge at the request of the victim without any special circumstances. (e.g. Alleged victim lied etc...) With regard to penalties, it depends on several factors. Some things that would affect your potential penalties would be: 1. If this is your first offense of domestic violence; 2. Which code section...