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Charles Jeffrey Sifers

Charles Sifers’s Answers

38 total

  • I'm facing two counts of grand larceny what should I expect for my punishment? I turned myself into authorities

    I was bailed out on a 4000 bond, I have no prior run ins with the law... Just curious what I should expect

    Charles’s Answer

    It's hard to evaluate your case without more facts, but with no history of criminal offenses, its at least possible that the district attorney will be open to the idea of probation in your case. The value of the property you are alleged to have stolen will have an effect upon the maximum range of punishment the law requires in a grand larceny case (more or less than $500), and ultimately the range of any probation you might be offered. If you are interested in reading more, I have included links to a description of the charges below.

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  • Is this a good surface for DUI/OVI field testing?

    http://i52.tinypic.com/2hdnngm.jpg I uploaded a photo above of the small parking lot that I was given field tests in and failed and charged with OVI. I asked the officer if we could do them somewhere else because it was uneven and he claimed i...

    Charles’s Answer

    Thanks for your picture. The answer to your question is the parking lot is probably not a place that the field tests should have been conducted for the results to be considered reliable. The instructions for the field sobriety tests with regard to the counting and balancing stages of the Walk and Turn or One Leg Stand tests have changed very little since I was first trained in 1997 as a field test instructor. They still require a level, dry surface for the subject to complete the tests. Your picture appears to contain neither.

    However, we should keep this in perspective as these tests are just one portion of the arrest decision. While the place for the tests being incorrect is certainly in your favor, but I have to agree with the gentleman from Michigan who answered above. You should get into contact with an Ohio DUI lawyer who is willing to take the extra steps necessary to thoroughly investigate your case so that the location of the field tests aren't the only thing you've got going for you in the defense of your case. I've included a link below as a starting point for your search, but I'd also encourage you to review Avvo's website or contact the State Bar of Ohio for other recommendations in your search for an attorney.

    Good luck to you.

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  • My boyfriend is in jail for probation violation: he got a year how long does he need to stay really? he is a felony

    and he didntpass the drug test once

    Charles’s Answer

    I understand your question to say that your boyfriend violated his probation and was sentenced to serve a year in jail for the violation. If this is the case, then the only time frame that we know to be certain is the calendar year day for day. One thing that your question does not mention is whether he was sentenced to serve the year in a county jail or in DOC custody. Each county jail accounts time for their inmates a bit differently, so it may be possible, however, that your boyfriend could make a diefferent inmate status based upon his good behavior and accelerate his time to gain a greater amounts toward his actual sentence - say for example getting 2-for-1. DOC has their own rules for time computation, but still gives benefits for good behavior while incarcerated. If I were pressed to give you a time frame, I'd say that your boyfriend would get out in sometime less than the actual year. How much less than the year would be impossible to estimate.

    Hope this helps.

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  • I got an interlock in my car for six months recently. my lawyer has mailed me paperwork to get a mod picture id that i haven't

    received yet. Was wondering if that paperwork from dps is all i will need, or if i will still need ss card and birth certificates to get my id. I have neither, and was wondering how to start this process?

    Charles’s Answer

    Your question sounds lilke you may have the requirements of a State issued ID card and a Modified Driver's license combined. For a Mod: Provided that you were a licensed driver, the license was current at the time of your arrest, you provided the modification request form, ignition installation ceritficate and fee to DPS, and finally, that the Mod was granted by DPS, the paperwork you get from DPS should be all that you will need to get your modified license once you receive it. It may be safe to take the officer's affidavit from the night of your arrest with you as well. Otherwise taking a Soc. Security card and/or birth ceritificate is what you would need for a State of Oklahoma issued ID card not a modified driver's license.

    Hope this helps.

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  • I got a dui second and subsequent

    The newspaper which runs public records daily printed as a driving under the influence of drugs. My work has already pulled me into human resources because of the drugs issue. They looked it up on the docket and sure enough its listed as a drug ch...

    Charles’s Answer

    Most times public information comes from the booking records that were completed on the night of your arrest. Both DUI-Alcohol and DUI-Drugs are charged under the state statute, and I've seen mistakes being made by the person completing the booking information as to which type of DUI the arresting officer claims to have been made. If an error of this kind was made, and these records were provided to the district attorney who based their formal charge upon them, then this is what is being shown of the docket. It may be possible to get an amended formal charging document (called an information) filed to correct any errors, but I don't foresee the newspaper printing a retraction of the story even if this step is accomplished. Though it may sound self-serving, I think that the most important thing right now is that I would suggest that you speak in confidence with an attorney about the facts of your case, and then decide your course of future actions.

    Good luck to you.

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  • Would i need a criminal attorney?

    i was recently arrested on a felony warrant that simply stated on or around december 2010,did commkt the crime of taking a debit card.,it had a bond set for $1000,so i didnt even see the inside of the jail.however,i honestly did not take anyones c...

    Charles’s Answer

    You will definitely need to have a lawyer review this charge to plan a defense of this case - especially if you honestly did not take or fraudlently use another's debit card. Keep in mind that the district attorney has already done some investigation into the case, at least enough to convince a judge that probable cause exists to bring the charge against you and create an arrest warrant. This is exactly the time when you need to bring in someone on your side. You did not say in which courthouse you case was set, but your question does indicate the city of Woodward. If your case is in fact filed in the district court of Woodward county, and you are have limited finances, you can apply to the court to have an attorney appointed to your case from the Oklahoma Indigent Defense System. Or, you can seek out local counsel to review your case - they may be willing to make payment arrangements on whatever fee is charged.

    So, could move forward without a lawyer on a felony charge? - Sure. Is it the smartest or best choice? - Not even close. I would strongly suggest that you take the time to meet with an attorney so that you will know exactly where you stand, and what your options are. For your own sake, its definitely worth the time and effort.

    Good Luck.

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  • Can you take an assment in any county if a tke it tulsa couty will it work in mayes

    Drug and alchol assment test good for any county

    Charles’s Answer

    Yes - it should be just fine. As long as you have an assessment done by an assessor certified by the State of Oklahoma, their assessment should be good in any Oklahoma courthouse.

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  • Is pleading guilty better than no contest in a DUI case when you know you are innocent?

    I was recently pulled over for speeding on St. Patricks Day. They were already out harrassing people and putting up road blocks. I was speeding but not drunk for a fact. The Georgia State patrol pulled me over. Did not go through the normal protoc...

    Charles’s Answer

    Even in light of your statement that you don't belive that you can afford a lawyer, I'm afraid that the best answer to your question is not the one you want to hear, but here it is: You really should try to meet with a local criminal defense/DUI lawyer to discuss your case and formulate a defense. You may find pro bono services on this type of case, but there is very likely a way to apply for court appointed counsel and I would suggest that if you take advantage of that if you qualify. I have included a link to the Georgia State Bar's Pro Bono Project below.

    Further, I certainly think that some of your concerns you share here can be used to formulate angles in the defense of your case. But, with respect, the many questions you ask sound like you might be trying to bounce challenges to your case off multiple lawyers in hopes that you can pick up enough arguments to try to defend yourself and this, in my opinion, is not your best play at this point. In addition to the link mentioned above, I have also included a link to the Georgia State Bar's member directory search feature which will allow to search for local criminal defense counsel. Finally I have inlcuded a link to the National College for DUI Defense. These are the men and women in Georgia who focus their practice in DUI Defense - none on this list is a bad choice.

    There is simply too much factually and personally (your new job) involved for you not to at least speak with a lawyer before making any decision about how you should handle your case.

    I sincerely wish you the best of luck.

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  • Traffic School

    I had a brain cramp, I forgot to inquire about traffic school when I appeared before the judge. The case is now closed. Is it possible to still go to traffic school?

    Charles’s Answer

    I just noticed that you posted your question under the 'speeding ticket' banner and I originally noticed under the 'criminal defense' header. Your question is very clear with this revealed - my apologies.

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  • Traffic School

    I had a brain cramp, I forgot to inquire about traffic school when I appeared before the judge. The case is now closed. Is it possible to still go to traffic school?

    Charles’s Answer

    Your question is unclear as to the reason for your appearance before the judge, so I will assume based on your question that your appearance was regarding a traffic ticket matter. If you were convicted of, paid a fine on, a traffic ticket and points were assessed on your driving record, you can take a defensive driving school once every 24 months to earn 2 points credit towards the point total on your driving record. However, depending upon how the ticket was coded when the case was closed, there may not be any points assessed against you. I would suggest that you contact the Department of Public Safety's driver compliance division to find out whether, and/or how many, points were assessed as a result of your appearance and get a recommendation of which driving school you can attend to have points credited to your record. I have inlcuded a link to the DPS's website; the phone number is located towards the bottom of the page.

    Good luck to you.

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