Jeffrey Alex Goldfarb's Answers

I have recently been placed on a two year felony probation for aggravated unlawful use of a weapon.

I agree with Jill, but would add that getting a lawyer can be helpful in this situation. In order for you to be permitted to travel, the probation officer must agree. However, you can force that to happen if you hire an attorney who can get an order from your probation judge specifically granting you permission to travel during certain dates and to a specific location. That way, even if the probation officer is unhappy about the situation, they can't move to revoke you because the Judge...

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Is it considered check forgery if you sign the check with the checkholder's permission?

Sometimes it helps to understand a situation by looking at it from another point of view. The store accepted the check and submitted it to their bank for payment. Then the account holder called and indicated she did not authorize the payment and the store should not have accepted the check(s). As the store is out the groceries and the money, they are going to call the police. From their perspective, it would make sense that they believed the situation was a scam between the son and mom. I'...

If I got arrested on a misdemeanor can it be changed to a felony if I am convicted.

I agree with the other attorney's answer, but thought I'd just add a little more information about procedure. Until a trial actually starts (a jury is picked and sworn in to hear the case), the charge can be amended. In fact, as the statute of limitations allows for prosecution to commence anytime within a year of the accusation, the case could be dismissed and refiled if a prosecutor needed to do so. A felony charge has a statute of limitations of three years in most instances. I'm having...

How can I get my 2 year court supervised probation shortened or switched to unsupervised probation for a first time offender?

You don't mention who is supervising the probation. The Missouri Department of Probation and Parole typically will not supervise probation, instead leaving it up to the county or municipality to do so and charging you a fee. They will, however, supervise assault, so I'm not sure which entity you are reporting to currently. The easy answer to your question is to hire an attorney who can file a motion asking that the probation be amended to unsupervised. A number of factors go into the...

Am I going to be able to avoid jail time and proceed with my planned move to California with my 3rd DUI?

You don't state how far apart the DWIs are. If this is the third within 10 years, it is likely charged as a felony. If so, it is possible to move, but understand there is a lot of work for your attorney to do. A knowledgeable attorney will first work out some deal that keeps you from doing time. Assuming you are willing to accept probation, then they need to get permission for you to transfer the probation out of state and permission for you to reside out of state while the transfer is...

Legal ramifications for passing out and running a red light. have to pay red light ticket?

The law in Missouri, and most states for that matter, is that you are required to be in control of your vehicle at all times. It is therefore not a defense that you were passed out at the time it happened as that actually proves you were not in control of the vehicle. You also need to be careful with that defense as if you were passed out for a medical reason, the judge and prosecutor are required to submit that you have a medical issue to the Dept. of Revenue and your license will likely be...

MIP with no breathizer. Should we fight it?

Missouri law (where I practice) may be different than Oregon, so certainly check with a lawyer there. However, MIP does not require a breath test. I believe there would be a difficulty trying to prove minor in possession charge from a minor ingesting the alcohol. I'm guessing the charge stems from the party itself. If she was at a party and the police appeared and there was alcohol there then, yes, the charge appears valid. Certainly they should have charged everyone, but it is not a...