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John Leif Fossum

John Fossum’s Answers

2,068 total


  • Can charges be changed after someone pleads guilty before the court for the charge?

    My bf is on parole and got arrested and charged with aggravated assault with seriously bodily injury. I texted my ex-bf and asked if I could come over because me and my bf were arguing. My bf and I worked it out, and a few hours later the police s...

    John’s Answer

    The charges cannot be changed after conviction, but it is not clear what you are describing. You should contact a lawyer in your area for assistance. He can be charged for a new offense which occurs on a different date than the original offense. He needs a lawyer, this is a complex situation and no one on the outside will be able to give you, or him, an answer.

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  • Got a Move Over ticket, officer came to house next day with new ticket, Reduced Speed Required,

    Was Pulled over in MN coming into town, I was slowing down from 55 to 30 I did move into other lane along with slowing down. The cop gave me ticket for move over and two days lay came to my house with new ticket, Reduced Speed Required ticket, ...

    John’s Answer

    You can go to court and discuss the case with with the prosecutor, or retain counsel to do that for you. Not sure what you mean by move over, unless it is unsafe change of course. A prosecutor may not want to get a conviction for two miles over. Really it is difficult to guess at what you should do, you may want to discuss it with a lawyer in your area.

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  • If someone was charged of a crime and was actually framed, and told state attorney and your attorney you were framed, then when

    you request a trial and at the pretrial they all of a sudden dismiss all charges. Since this caused a person to lose their home and belongings and their job, can a person go back and sue the county for loss of income and property? The state had no...

    John’s Answer

    It would be difficult, you would likely need to show that they knew the charges were false all along and pursued them knowing that. You should talk to the attorney who represented you and to a civil attorney in your area who may be able to advise you as to your chances of proving up a case.

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  • Creditability Of A Felon In Court

    If A Two Time Felon Who Is Currently On Parole Was Subpoena By The Court To Testify Against You As A Witness How Creditable Is Their Word In A Court Of Law?

    John’s Answer

    That would be up to the jury to decide. The jury will likely hear that the person is a felon, but will also hear arguments and decide whether or not the person has a reason to lie, whether there is other evidence to support their evidence, and what evidence there is to contradict the testimony. It is not math, it is a matter of what the jury decides based on the information available.

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  • Do I have a case if my Airline has me suspended pending there investigation unpaid.

    I am charged with aggravated battery, but entered a plea of not guilty. The event did not happen on company property. I am not in violation of any FAA guidelines witch prohibits me from flying. My company is keeping me suspended until they ca...

    John’s Answer

    This really is a question more of labor or employment law. If you have a union, you should contact your union reps. If not, check your employment handbook.

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  • Recieved a ticket for 40+mph on 25mph school zone, can I fight it?

    I was driving to school going approx. 35mph when a cop pulled up from a street behind me and wrote me down for going 40+mph and checked on radar. Not only was I not traveling more than 40mph but it was a school zone although children were in schoo...

    John’s Answer

    You can fight it, but you should be aware to get a conviction they only need to show you were moving faster than 25. There may be other options, a traffic ticket specialist in your area may be able to help.

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  • How far will "mutual combat" hold up in court, if one party decides to press charges?

    -Both parties agree in writing to "mutual combat" with specific rules, date, time, and location. -One party suffers more injuries and pursues legal action.

    John’s Answer

    There is no exception at law for Mutual Combat. As my colleague noted the defense would be self defense. Also the party does not file charges, the government does.

    Whether or not you were acting in defense will be up to the jury to decide. The government has to prove the case beyond a reasonable doubt, including proving beyond a reasonable doubt that you were not acting in self defense.

    If you go to court, you should have a lawyer represent you, this is too complex a situation to handle on your own.

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  • What level offense is accessory after the fact in federal court?

    The person was originally charged with bank robbery and aiding/abetting, but a plea was offered for accessory after the fact. The person has no criminal history and there were death threats made to the person by the one who robbed the bank. How mu...

    John’s Answer

    As my colleagues noted, it is six levels below the offense. Sentencing though, even in federal court is not a fill in the blanks math problem, there are a number of factors that go into sentencing and the sentencing guidelines are just one of them. This person should contact a lawyer and consult with that lawyer about the case.

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  • Best remedy for Conspiracy against rights

    under these types of cases is relocation or identity change an option?

    John’s Answer

    Not really sure what your question is. It is easy to move, changing your name requires court action and evidence that you are not doing so for fraudulent purposes.

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  • Making a federal (civil) case

    How do I vet and hire a lawyer for a federal civil case (vs. a local gov. agency.)? What do I need to ask him/her, how can I assess a good legal 'match?'

    John’s Answer

    You should look for a lawyer you can get along with, and who has some experience in the kind of suit you wish to pursue, you should understand that there are a lot of immunities for government agencies, and that the kind of suit you are considering may not be possible. First you should have a lawyer evaluate whether your suit is likely to succeed, then you will need to work out a fee arrangement you are comfortable with.

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