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Vijay Ratan Sharma

Vijay Sharma’s Answers

49 total

  • 2 DUI's in Illinois case for expungement?

    Had first DUI 3/18/2008. Received a statutory summary of suspension for that. About month and a half later I got 2nd DUI(4/26/2008). Hired an attorney and pretty much got a 2 for 1. First DUI was 209 - Dismiss/State Motion. For the 2nd DUI I plead...

    Vijay’s Answer

    Attorney Harvatin is correct, a suspension will appear on your driver's history as well as the DUI. So even though you could try to expunge one, it may not serve a useful purpose. But the short answer would be, yes it should be expungeable.

    This answer is for informational purposes only and does not form an attorney client relationship

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  • Do i need a laywer

    I was convicted of a felony in March of 2004 for theft by deception and about 2 years ago I pleaded to a misdameanor theft can they be sealed or expunged if so how soon?

    Vijay’s Answer

    Counsel is correct that most felonies are not expungeable, though some are. Yours is not. A prosecutor may object on an expungement or sealing of your later record while you have the previous record, but it may be worth a shot depending on your facts and subseqent conduct. but it also depends what county you are in.

    This answer is for informational purposes only and does not form and attorney-client relationship

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  • Court Supervision for Speeding

    I got a speeding ticket in Will County, IL . I need court supervision. but the problem is I am from California. So it is not possible for me to attend driving school in IL or appear in court on the court date (Well my ticket says no Court appearan...

    Vijay’s Answer

    This is for informational purposes only and does not create an attorney-client relationship.

    I've seen this issue go both ways. First, a judge will typically never handle a case over the phone.

    However, I have seen several instances where my client could not appear for various reasons and mailed an original affidavit to me stating it is their wish to plead guilty and there is some form of hardship for them not to appear.

    I would then present the affidavit in court and ask for supervision. Most times I have been successful with this.

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  • No video

    What or my chances of beating a dui if they dont have a video.

    Vijay’s Answer

    Attorney Thurston is correct in attacking in the absence of a video.

    However, the State can prove a DUI based on the existence of field sobriety tests, the police officer's testimony, as well as any breathalyzer result.

    Many times a video can hurt the State as often as help. A video can show your posture and determine whether the officer is exaggerating any part of his report.

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  • What happens if i don't pay dwi fine

    Old man gets first DWI, paid the license fee and don't think he needs to pay DWI fine.

    Vijay’s Answer

    This answer is for informational purposes only and does not constitute legal advice. No Attorney-client relationship is formed by this exchange.

    First, it doesn't matter whether you think a fine needs to be paid. A court order needs to be followed. Unless you have already paid the fine or the math is wrong, the court has a wide discretion in coercing payment.

    A Judge may simply give you more time to pay if you are experiencing a hardship. However, a Judge may also force incarceration if the nonpayment is willful and without justification. It is a dangerous proposition to simply ignore a Judge's orders because you don't agree with it.

    You should seek out and hire local counsel to guide you in this matter.

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  • I am 20 years old and recieved 2 speeding tickets just received a suspension notice can I chance plea to get supervision

    How can I get my license suspension overturned

    Vijay’s Answer

    The following is not legal advice and is for informational purposes only: It may be possible to change your plea in certain situations. If you paid by mail and received a conviction, then many judge's will change it to a supervision if your record is not too bad. The best thing o do is contact an attorney in your county. This way not only are you educated on what is happening, the lawyer can also tell you about your options if you are suspended.

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  • My right to spedy trial

    its been 6.5 months state cont.3 times jugde 1 time for vacation

    Vijay’s Answer

    In Illinois a case must be prosecuted within 120 or 180 days. Any delays made by the Defendant or By Agreement of both are not counted toward that. Any State or Order of Court continuances are. The only way to conclusively answer your question is to see what the Judge has written on the file. Who THE JUDGE has attributed delays to is very important. Realize that you need to talk to an attorney and I am answering this question without knowing the context of the case. So do not take what I have said as binding legal advice.

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  • Can a lawyer help in the dismissal of Traffic tickets?

    I am overwhelmed with tickets who can I talk to??

    Vijay’s Answer

    Speak to an attorney who practices in traffic law. Many times attorneys can figure out whether to take on cases one by one or to consolidate them and tackle it all at once. Many of us have taken on cases like this, so it is not unusual.

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  • Giting paid childsupport

    how many times can you recive payment a month for childsupport?

    Vijay’s Answer

    It depends on the order and how often the payor is paid. I have seen weekly, bi-weekly, semi-monthly, and monthly orders.

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