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Daniel Galivan’s Answers

2,419 total


  • If a person says that you stole something from their store and they never make an att if you went b and charge you with a retail

    and I go back in the store two days later they accuse me of stealing something again I have nothing on me they have me on video tape with nothing on me an arrest me and charge me with a retail theft on both cases

    Daniel’s Answer

    You have not stated a question. It sounds like you have been charged with retail theft for two separate offenses. Whether the evidence against you can support a conviction on either charge is an entirely different matter; a conviction can not only land you in jail, it can seriously impede your future in many different ways. You should retain experienced crimianl defense counsel to represent you. Most of us provide free consultations.

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  • I would like to know what I can be charged with and how I can go about and resolve from being accused of theft?

    I was accused of taking 600 worth of gift cards from an employer, detectives came to my house and claim they have me on camera using the cards but were never shown any valid video except a photo from a camera of me entering the store.

    Daniel’s Answer

    The most obvious charge would be theft. Based upon the value of the cards, you could be charged with a felony. While the police have no obligation to show you any evidence at all, I would be surprised if you are on video engaged in something that proves their case, since you apparently were not arrested when they interviewed you. Hopefully, you asserted your right to remain silent. You should consult an experienced criminal defense attorney as soon as possible as I'm sure there are many important details not set forth in your question. Most of us provide free consultations.

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  • First time retail theft offender of $99.99. Civil case. What is expected outcome

    How much for fines

    Daniel’s Answer

    If you received a ticket, you are subject to a fine, so that is actually what is referred to a "quasi-criminal" and since it involves theft, you'll want a disposition that does not stay on your record. You will also likely receive a demand for money, a strictly civil claim, from the store's lawyers. If you can, hire an attorney capable of dealing with both issues for you. Most of us provide free consultation

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  • I had a DUI and they drop it to a reckless .but I didn't do the programs and they gave me a year to do them?

    I had gotten a DUI but they dropped to a reckless they had giving me a year to do the classes and programs but didn't have a car or money to do them but now I want to turn my self in and tell them I want to comply and do them I was homeless also ...

    Daniel’s Answer

    It sounds like you also failed to appear in court at your termination date. If so, you have a warrant for your arrest outstanding and a Petition to Revoke for violating the conditions of the original sentence. You could be re-sentenced by the court for up to one year in jail. You are doing the right thing by seeking to obtain counsel. A Motion to Quash and Recall the warrant should be the lawyer's first step. Use the "find a lawyer" link at the top of the page to find an experienced criminal defense attorney. Most of us will provifde you a free consultation

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  • My stepson allegedly touched a 15yr old friend of my daughter. He rubbed her shoulders and pinched her ass. He is 23 yrs old.

    Can he be charged? He is in the U.S. Navy Reserves. How much trouble is he in?

    Daniel’s Answer

    There are a number of potential charges that could be brought against him; some misdemeanors, some felonies. Whether charges are brought is a decision made by the police and/or the state's attorney. If he is the subject of an open investigation, he would be well-advised to conult, and if necessary, retain an experienced criminal defense attorney. Most of us provide free consultations.

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  • Can prison be avoided with a class x felony?

    If a person have been convicted of possesion with intend to deliver, can you get away with only probation?

    Daniel’s Answer

    If charged with a Class X, receiving probation would require the state to reduce the charge (or have a court find you guilty of a lesser charge after trial) in order to receive probation. Otherwise, a Class X generally carries a minimum mandatory six year prison sentence. Depending upon the drug and the amount, there are also classifications known as "super X" which mana\date even more severe minimum sentences beyond six years.

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  • Can a squatter sue me if he trespassed into my vacant property and caused a fire that ended up injuring himself?

    I own a vacant property. A couple squatters trespassed, started a fire for heating purposes, and ended up burning the property. Now, one of them is suing me.

    Daniel’s Answer

    You should turn over any lawsuit with which you've been served, or any other notice of claim, to your insurance carrier immediately. If you did not have liability coverage at the time of the incident, you will need to hire your own attorney to defend the case. You'll want an attorney experienced in defending liability cliams. Most of us will provide free consultations. You have several defenses available to you against this claim

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  • Can a class x felony be reduced?

    If a person have been charged with class x felony and its his first ever offense and criminal record is clean. Would an attorney be able to reduce the class x felony so it does not stay on the record?

    Daniel’s Answer

    Depending on many factors, a defense attorney may be able to convince the state to reduce the charge to something less than a Class X which carries a minimum mandatory sentence of six years in prison (add 15 to that if a firearm was used). An arrest, however, can only be expunged (removed from your record) if the disposition involves something less than a conviction. This means you'd have to not only get a reducer, but either an outright dismissal of all charges, a reduction down to misdemeanor suprvision. The state would have to have almost no case against you at all to go that far. You'll need experienced defense counsel to represent you just to avoid prison time. Most of us provide free consultations.

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  • Is it legal for the police to stop you and do a warrant check, for no apparent reason?

    The police stop a friend a & I, because they wanted to check and see did we have any warrants. They demanded for us to give our identification to them, there was no reason that particular check should have ever been performed on us. Any time I tri...

    Daniel’s Answer

    Police are required to have at least a reasonable articulable suspicion that you have committed a crime in order to stop and detain you on the street. However, unless you ended up being charged with a crime, or some evidence you believe will be used to arrest or prosecute you was recovered as a result of the stop, you haven't got much recourse here.

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  • I SIGNED UP FOR A COMPUTER CLASSES ON LINE. I GAVE THEM TWO CARD CARD NUMBERS, I GOT NOTHING FOR ALMOST FIFTEEN THOUSAND

    I DID DISPUTE THESE CHARGES, BUT THE BANK WON'T HELP ME. THE COMPANY TOLD ME I WOULD BE MAKING MONEY IN A FEW MONTHS. WHAT I DIDN'T KNOW THEY WOULD START CHARGING MY CARD BEFORE I LEARNED HOW TO DO THIS. THEY GAVE ME A TEACHER WHO WOULD CALL ME...

    Daniel’s Answer

    Contact the Illinois Attorney General's Office and report this.

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