Skip to main content
John C. Collins
Avvo
Pro

John Collins’s Answers

27 total

  • I was arrested four years ago on a 4th degree dui in mn. no warrant was issued. what do i do?

    i was pulled over a yr. later in the same state ran my dl. gave me a warning and let me go. i up until just recently i thought there had to be a mistake in the court. when i went to renew my dl. the state of mn. had put a hold my dl. i live in ar....

    John’s Answer

    Call a MN dwi attorney. They should be able to help you. Good Luck.

    See question 
  • In arkansas what is your punishment for the first time of marijuna

    poss. of marijuna

    John’s Answer

    In Arkansas for can receive up to 1000 fine, one year in jail, and six month dl suspension for possession of less than one once of marijuana. It is considered a misdemeanor. If you had over an once it is a felony and punishable 4-10 years in prison, up to $25,000 fine, 6 month dl suspension, and a $250 DNA fee (this is for amounts less than 10 lbs.) The jail time is usually suspended for first time offenders and probation is likely. The fine is usually around $1000 for either the felony or the misdemeanor. They may require some community service. As a first time offender you should be eligible for expungement, but under act 346 it must be requested at the time of sentencing. Call a criminal defense attorney about your specific case and they can tell you what options you have available to you.

    See question 
  • Was arrested for DWI with level 0.7. Under the legal limit.

    Why was I charged? I was pulled over for head light out.

    John’s Answer

    Get a DWI attorney. Many states have a two prone dwi law. First prong is whether you are over .08. The 2nd prong is whether you are impaired to the point that you can no longer safely operate a motor vehicle. There is a presumption of impairment over .08, no presumption either way between .07 and .05, and a presumption you are not impaired at a .04 or lower. They may also be relying on the misconception that alcohol dissipates over time so your bac would have been higher at the time of driving. They seem to ignore the fact that alcohol will take 20-90 minutes to absorb so your bac could have been lower at the time you were driving. Again, get a dwi attorney to help you.

    See question 
  • Do I need a criminal criminal attorney?

    My friend was charged with 3 counts of armed robbery in Caddo parish. The court transcripts states that he is not the person who did the crime but he was an aider. He was given 20 years. He has served 6 and is wondering if hiring an attorney to g...

    John’s Answer

    A qualified criminal attorney would need to review the entire file to determine if anything can be done. In my jurisdiction (Arkansas) an attorney may be able to file for clemency for early release or if certain errors took place he may be elible for a writ of habeas corpus, but an attorney would have to see the entire file to tell if it was worth the money.

    See question 
  • Can I request an early dismissal? I need my recorded to be cleared inorder for me to go back to work.

    I was given 5hrs CS, and 90 days of not getting into trouble, which will end on 2/18/2011. I was being charged with Larceny Shoplifting, and was given a Bond Arraignment, I went to it. I plead not guilty and my lawyer worked out a deal with the ...

    John’s Answer

    You can request anything, but some Courts are reluctant to let someone off that early. I would recommend going back to your attorney and seeing what this Court would need to let you off. Sometimes they can bump up the CS or the fine in exchange for more lenient probation terms. Your attorney should be able to anwer the question.

    See question 
  • I was arrested for a dwi in Texas 2 years ago but still do not show that i owe surcharges or a suspention of my lisence.

    I recieved probation. Ive never had a drivers license still to this day (only a permit that was revoked due to unpaid tickets) but am trying to get it. I was told when you get a dwi in texas you have to pay surcharges and your license gets suspen...

    John’s Answer

    I am not license in Texas so you should call a Texas attorney to verify, but it sounds like you may have gotten some kind of diversion program that kept it off your record. Or you are just incredibly lucky and the State never entered your paperwork. In many States there are no diversion programs, but I believe Texas may still have one. Call a Texas DWI attorney. Good Luck

    See question 
  • Can you be convicted bye a person word only?

    a women accussing of attacking her but evidence

    John’s Answer

    Absolutely. Eye witness testimony is the most unrealiable form of evidence, but is also the most commonly used for convictions. In fact, most cases are resolved by a person's word only. If you find yourself in this situation the best advice I could give is to get an attorney skilled in cross-examination and that is none for looking beyond the evidence supplied by the State.

    See question 
  • If found guilty of DUI and placed on probation, what would happen if I test positive for drugs.

    If I am found guilty of DUI and placed on probation, what happens if I show positive for marijuana, if I smoked before being arrested, but not smoking after being arrested or put on probation? It is my understanding that marijuana stays in your sy...

    John’s Answer

    Most Courts are very aware of the time marijuana stays in your system. If you test positive at your first visit they may use that as a baseline to determine future results. If, however, you try to state it is old use outside the time period generally recognized you may find yourself in trouble. Honesty is usually the best policy in those situations. If you tell your probation officer that you are likely to flunk the test because you used marijuana prior to the Court date you are likely going to ok. That being said, like every other profession, sometimes you run into someone that is incapable of using good reasoning skills.

    See question 
  • If you are arrested for DUI then instructed by the arresting officer to drive to a different location to clear the intersection

    Should the charges be dropped?

    John’s Answer

    No, but depending on the circumstances of your individual case it may raise some doubt in the officer's testimony that you were impaired to the point that you could not operate a vehcle safely. It would at the very least raise a question as to his judgment (again, depending on the facts of your particular case). A qualified dwi attorney in your jurisdiction should be able to give you better advice after reviewing your entire case.

    See question 
  • Can you get kicked out of law shcool for a DUI

    I am a first year law student and just got my first DUI. Could I be kicked out of law school?

    John’s Answer

    It depends on the school and their policies. That being said, you did not specify whether you were just arrested or convicted. If you have not been convicted contact a dwi attorney to see if you in fact will be found guilty. A follow up question you may have is whether you will be allowed to sit for the bar exam. Most States have a moral fitness portion on the background check and a substance abuse related offense does raise questions. You should contact the local bar and determine how it will affect your chances and go ahead and address the issue of whether or not you have a problem. Many States have a Legal Assistance Program in place and offer counseling and treatment options if it is determined you have a problem. The State Bars also rely heavily on the recommendations of the program administrators to determine if you will be a risk to future clients. From a practical standpoint one should not hurt you too bad; two could destroy your future plans.

    See question