John C. Collins’s Answers

Brad is absolutely right. You need to start interviewing dwi attorneys right away. It may take some time, but your son could have some very real problems. When the labs do come back you can expect the police to arrest your son if they think alcohol or drugs played a part in the accident. In that event, you will need to have an attorney ready to handle bond hearings and evidentiary hearings very quickly. The defense of this matter will be very expensive so start preparing finances in case the...

Todd and Brad are right. Your questioned asked if you could be charged and the answer is yes. Under Arkansas law the police have up to one year to file a misdemeanor charge, however it is extremely unlikely with the facts you present for your case. Insurance companies often look for ways to avoid payment, much like officers look for a way to arrest drunk drivers. If the officer had any reason to think you were impaired he would have surely arrested you on the spot. Typically when we see...

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

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...

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.

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...

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...

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.

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.

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