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John C. Collins
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John Collins’s Answers

27 total

  • How would i take care of a dui if in another state?

    i have a friend that has a dui in GA and he he living in OK how would he take care of that dui in GA so he can go back home. right now he is running from it and he has spent 3 months in jail when they picked him up the first time.

    John’s Answer

    Your friend should contact an attorney in GA. Each State has its own laws and rules concerning dwi's. Your friend is likely not doing himself any favors but running. A GA atttorney should be able to tell him what he needs to do to take care of it. I would strongly recommend he contact an attorney with extensive dwi experience. It may cost a little more but you truly do get what you pay for.

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  • What rights does he have and what action can be done

    I am purchasing a home from my uncle he believed to be vacant. he had legally evicted 3 years ago, he thought. They still occupy the home that I'm moving into from out of state days from now. Neither of us knew of the dwelling until I tried to tu...

    John’s Answer

    If he had them legally evicted years ago he may be able to use a Writ of Assistance to get them out immediately. If they were renting the place and have not been paying rent he can send them a 10 day Notice to Vacate for failure to pay rent. The only way they could stay would be to pay the back rent into the Court as a bond. I would need more information to answer the question more completely. Your best bet is to contact an attorney as soon as possible and let them get more complete details so you can get moving. Kicking someone out of the place they have set up as their home is difficult and can take time.

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  • I am about to graduate drug court, can I get my old felonies expunged or sealed as well as the felony I am in drug court for?

    I am in drug court for possession of controlled substance. I am graduating early because of excellent performance. I will have this felony expunged as part of drug court. I have 2 other felonies from before drug court. A possession charge in 1...

    John’s Answer

    • Selected as best answer

    In Arkansas you are only allowed to use the expungement provision one time. You can use it to expunge multiple felonies, but only if they are a part of the same case. I am afraid you are out of luck on the prior felonies. If you feel that something else needs to be done you can petition the Governor for a pardon.

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  • If a 14yo commits murder or rape in the 1970's but isn't charged with the crime until 2010 are they charges as a minor or adult

    would the person be charged as a minor with the laws that were in effect when the crime was committed or would they be charged as an adult with the current laws. (This is a hypothetical question for a research assignment for a political science cl...

    John’s Answer

    In Arkansas it should be charged as a minor under the laws in existence at the time the crime was committed.

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  • Probation is it possible to get more probation and not jail time

    my husband was late to pay his fines and missed a couple of probation meetings he got pulled over and had a warrant out for failure to pay fines i bonded him out on a cash only bond which paid his fines plus paid the ticket his po told him to come...

    John’s Answer

    Yes. He could have his probation reinstated, but if found guilty of a violation he could also go to the pen. Drug Court can be very beneficial if someone has drug problems. The Judge and prosecutors are going to place alot of faith in what the probation officer recommends. Your husband should weigh his options very carefully.

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  • If your record is expunged in county should it be expunged in state from a false rape case

    if you found not guilty of rape shouldnt your record be expunged in state also

    John’s Answer

    Not only should it be expunged in the State system it should never be reported in the first place because there is no conviction. The problem you may be having is that many private companies are now doing criminal history reports and they are not using State criminal databases. Instead, these companies have individuals that have gone out and basically copied information from the clerks office showing cases that have been filed. This bypasses the State system for criminal history checks and gets arrests and convictions. The files start off as public record so the gathering of the information is legal. Whether distributing information is legal is still a matter of public debate.

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  • How long will a warrant last for hot checks in Arkansas?

    I wrote a bad check back in 2003 in Washington Co, I have since moved to Pulaski Co and I was pulled over for no seat belt and was informed that I had a warrant out of Washington Co. The officer said Washington Co. doesn't extradite and that I was...

    John’s Answer

    A lawyer should be able to help you. Your question is not an easy to answer. If you are asking how long a warrant can stay in the system the answer is as long as they want it to. But my guess is you want to know if it is actionable. There are several things that must be considered. An attorney would need to know when you left the jurisdiction, did you change addresses, had you had any police contact during this period where it should have been discovered, did they ever or how often did they attempt to serve you with the warrant. You may have a multitude of defenses to the actual charge, but it will likely stay in the system until you address it.

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