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David B. Carter Jr.
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David Carter’s Answers

4,039 total


  • I got hit by a car at a crosswalk on my bike i cant remember if it was red light on both sides can i do something ?

    got a broking leg and three broking ribs

    David’s Answer

    Yes, call one of us ASAP. Many of us will give a free consultation over the phone.

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  • My fiancé's pre-lim is scheduled for 16 WEEKS after his arrest. Everything I've read says that it should be within 14 DAYS

    My fiancé's pre-lim is scheduled for 16 WEEKS after his arrest. Everything I've read says that it should be within 14 DAYS. How can the court make him wait this long? He is on parole hold, so we cannot bail him out.

    David’s Answer

    There is a new law that does away with the 14 day rule. The new law is that thecourt must set a probable cause conference to be held not less than 7 days or more than 14 days after the date of the arraignment, and a date for a preliminary examination of not less than 5 days or more than 7 days after the date of the probable cause conference. The dates for the probable cause conference and preliminary examination shall be set at the time of arraignment. So it can be upto 21 days now. The Prelim can also be adjourned upon showing good cause.

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  • How does the criminal appeal process works?

    Do the judges read all the transcripts or do the judges have a legal assistant read them? If the lower court ruled on motions and those rulings on those motions are challenged in the appeal, do they read the motions? I guess in a nut shell, do ...

    David’s Answer

    The law clerk will read the entire record. Some judges will also. All Judges will at the very minium read the pertainent transcripts and/or Motions that are the issue of appeal.

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  • Can any good come from talking with a detective who contacted me for questioning. I am truly innocent, and can't believe this.

    My grandfather was on hospice and other members of my family we're taking prescription medication. I went to visit him the day he died, subsequently said medication came up missing. I have a criminal history, so naturally my family banned together...

    David’s Answer

    that is bad advise. you shold never tall to the police without an attorney present when you are a suspect!!!!

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  • Can I be held liable for debts incurred by my spouse prior to marriage?

    I am considering marriage but my partner has student loans and other debts. If we marry, will I be held responsible for those debts?

    David’s Answer

    you are absolutely not responsible for her pre marital debt. you are not even responsible for her debts taken out in her own name during marriage. However a divorce court could consider debt which was incurred during marriage as marital debt when it decides to split assets and debts

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  • What do I do?

    About a week ago I got a disturbing call from a processes server he stated that he was getting a bench warrant and showing up with the sheriffs for 2 counts of fraud and a bad check written over almost 7 years ago. When I told them I would pay it...

    David’s Answer

    Do not pay even one penny as you will then start a new statute of limitation on the debt. This sounds to me like a scam. This is also clearly a violation of the Fair Debt Collection Practices Act. You need to start recording your calls and do not tell them you are. You also need to start keeping notes if you are unable to record the calls. Finally, you need to tell them to STOP communicating to you be phone and demand that all communication be done through the U.S. Postal Service. If this harrassment continues contact an attorney.

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  • Does my 15 yr old have to see his grandma

    My ex mother is currently started proceedings for taking me to court for grandparent rights, I received a letter from her attorney. My son has stated he does not want to see her anymore. Hes tired of all the fighting and arguing. How does this wor...

    David’s Answer

    You need to get a good attorney and fight this. If what you are saying is true you should win.

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  • Im innocent of Furnishing alcohol to A minor needI advice

    I was at my girlfriends apartment who had been drinking, there was an altercation where the police needed to talk to her. They smelt alcohol and gave her a breathalyzer she is 19 and blew over the cop accused me of furnishing. Although i did not i...

    David’s Answer

    Do not plead to anything!!! Hire an attorney that is more interested in justice and not just to resolve the case by bargaining. If you did not provide the alcohol and there are no witnesses you should take it to trial no matter what offer they give you. I wouldn't even do a diversion program as that just feeds into the corrupt prosecutor's that authorise cases that have no business being authorised just so they can collect fines and costs.

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  • If you inherit mortgaged real estate by Lady Bird Deed, are you responsible for the existing mortgage?

    Owner who deeded the property by Lady Bird, passed away before mortgage was paid off.

    David’s Answer

    Yes as death can not get rid of a secured interest.

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  • DO I NEED A LAWYER, WHAT IS MY POWER OR WHAT CAN I DEMAND? IF YES, WHAT KIND OF LAWYER DO I NEED?

    I HAVE A CAR LOAN WITH EXPRESS AUTO, ONE OF MY FRIENDS MADE A PARTIAL PAYMENT ON MY LAIN WITH HIS CARD OF $100. I WENT TO GO MAKE A PAYMENT ON MY ACCOUNT AND THEY SAID I WAS CURRENT. THEY HAVE BEEN CHARGING MY FRIENDS CARD W/O PERMISSION. IN ORDER...

    David’s Answer

    I agree with Mr. Howell. They may have inadvertantly charged your friends card but that does not negate the fact that you still owe that amount either to your friend or to the loan company. Yes, these charges can be reversed but as soon as they are you will owe that amount. There is no way around it. It does not matter that they said you were current and you relied on that.

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