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Charles Jeffrey Sifers

Charles Sifers’s Answers

38 total

  • I am so stressed out over my first time arrest. I was arrested for felony drug possession...what will happen to me?

    I am a 24 year old male. I was in Las Vegas for the weekend and I was caught with 3 grams of methamphetamine in a Las Vegas club. My friend gave it to me. Anyways, I've never been arrested before and they are charging me with a felony. I was a...

    Charles’s Answer

    Its natural to be stressed out about things when you've had no prior experience handling, and when the stakes are high - like losing your job. You have taken the best possible course right now by hiring an attorney to represent you, and it sounds like she's given you the best answer she has available. As a criminal defense attorney, most times I will know what the possible outcomes will be based upon what I know of the evidence from the client and which possible judge and prosecutor I'm likely to have assigned to the case. But, there's no way in my cases that I can be certain of what evidence the prosecutor will until I see what the prosecutor's file has in when we're finally in court. The strength of the prosecutor's case, and the lawyer's skill in demonstrating its weaknesses, will affect what the potential outcome will be. I know it sounds easy for me to say, but I would tell you to remain as patient as you can. I'm sure that if you have taken the time to share your concerns, goals, and fears with your lawyer she will have your best interests in mind when she finds out how she's dealing with at court. Good luck to you my friend.

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  • Ignore an out-of-state speeding ticket?

    I live and have a Nevada driver license and got a speeding ticket in the state of New York. What happens if I don't respond?

    Charles’s Answer

    Most times when a person gets a ticket they are released upon their own recognizance to show up for court on a certain by signing the ticket and without a bond. If they fail to show up, then the court will typically issue a warrant for their arrest, raise the ticket amount and perhaps issue a new charge for failure to appear. The court typically notifies the state department of public safety or DMV of the unpaid ticket and, even though an out of state party, the DPS/DMV will likely revoke or suspend the person's driving privilege inside that state until the ticket is paid. If the ticketing state is part of the National Drivers License Compact (which New York and Nevada are), then they will communicate this suspension/revocation to the individual's home state and the licensing state will most times honor the ticketing state's action against the licensee until the unpaid ticket is squared away.

    Believe or not I just had the same situation happen to me as a result of a speeding ticket I received in Las Vegas and I didn't get it handled in time before the court date. I would suggest that you do what I did and contact a local (to the ticket) lawyer who handles traffic matters and let them give you some guidance as to how to proceed. Good luck and my very best regards.

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  • Is it legal for the officer administering the test to threaten to say you refused, if you repetedly get a deficient sample?

    I was given 6 or 7 tests in a 35-45 min time span. Several were "deficient samples" and the oficer threatened to say I refused the test if he did not get a good sample the next time.Once he finally got the two good samples, he tore up and threw aw...

    Charles’s Answer

    Most every breath test machine has a minimum amount of breath that it requires to produce a 'valid' result. If a subject provides an amount of breath which is less than this minimum amount, the machine will then give the error message of 'deficient sample'. Most people can provide the minimum amount of breath, but there are others who have ailments that limit their ability to produce a sample with sufficient pressure and for that minimum amount of time. These people are not truly valid candidates for breath testing, but I've found that they are still testing or written up as refusals when they really did not refuse. The bottom line in your particular case is that you should contact an attorney where your case is filed who has some background and training in the theory and practice of breath testing. The attorneys listed here are members of the National College for DUI Defense and most likely have attended courses where breath testing was a featured learning event and can best help you move forward in the defense of your case: http://ncdd.com/index.php?option=com_search&catid=&Itemid=5&task=show_result&state=va I would encourage you to get in touch with one of them as soon as possible. Good luck and my very best regards.

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  • Can I get arrested at my house if the cop finds me for fleeing a scene?

    When i failed to stop at a stop sign but the cop also went after the person in front of me. But he signaled me to stop.

    Charles’s Answer

    The short answer is yes. An officer who has a reasonable ground to stop a person for a traffic violation that he witnesses can pursue the suspect until that person yields to him. Even if this means that the suspect ends up in front of his personal residence, the officer may then cite (or arrest) him or her for the original traffic violation and any other crimes that may have been committed in the process of the pursuit - failure to yield to an emergency vehicle, etc.

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  • What should i do after being arrested for dui drugs

    Are the charges and procedures the same as dui alcohol?

    Charles’s Answer

    First and foremost you should contact an attorney in your area and allow him or her to advise you as to the strengths and weaknesses of your particular case. I would suggest that you start your search here: http://ncdd.com/index.php?option=com_search&catid=&Itemid=5&task=show_result&state=co Arrests for DUI drugs can be fought and the lawyers represented here are more than capable of assisting you in your case. Good luck and best regards.

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  • This is my second DUI within ten years do I need to get a lawer and what do I need to do?

    I went through a lic. check point and they arrested me for DUI. My bail was a thousand dollars. I blew a .23 at the time of the check point and at the police station. Do I need to get a lawyer or can I get out of this myself with just paying the f...

    Charles’s Answer

    I'm not certain if my answer can stress to you just how important it is for you to hire a lawyer in this case. There could be a great number of legal and, perhaps technical, issues related to your case that may benefit your case of which you may never be aware. Without speaking to a DUI lawyer, how would you ever know? Find a North Carolina criminal defnese/DUI lawyer and at least take the time to know where you stand before making an uninformed and perhaps very damaging decision. You might go to the National College for DUI Defense's website at www.ncdd.com and search for DUI lawyers in your state as a starting point. Good luck.

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  • Can the DMV revoke your license if the courts found you not guilty?

    Dmv found my friend guilty of a DUI and revoked his license for 9 months. They want to put a restriction on it for a additional 2 years with a interlocking device. After the DMV made its ruling the courts found him not guilty of a DUI. His curren...

    Charles’s Answer

    Your location suggests that you're from Arizona, and it is probably a good idea to direct this question to an Arizona DUI lawyer to make sure you get your state specific answer. You can go to www.ncdd.com to find a comprehensive list of top DUI lawyers for Arizona.

    I can tell you that in Oklahoma there are 2 separate issues to be resolved because of a DUI arrest - both a drivers license case with our DPS and the criminal case in court. Each operates separately from each other and in most cases neither is influenced by the other's outcome. For example, I can go to court and get a handwritten apology from the arresting officer and the judge and the DPS will still try to revoke my client's license. Conversely, the DPS can totally mess up the paperwork, or the officer will not show up, or I will completely destroy the case on cross-examination, and the criminal case will still go forward. Now, granted, I can most times take some great information away from one side to help out on the other, but each case is independent and has its own outcome.

    Your example sounds pretty similar to my local experience, but I would encourage you to get with someone in AZ by phone or in person to get their experience as well. Good Luck.

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  • Ways to lose your license

    What are other ways of losing your driver's license besides DUI/DWI??

    Charles’s Answer

    At least in Oklahoma, there are multiple ways to have your license become suspended or revoked. A major example is when a person who is convicted of possession of marijuana (or other CDS) can have their driving privileges revoked by the Department of Public Safety for at least 180 days. Believe or not, they can ask our DPS for a modification of this revocation to allow them to drive, and the DPS will require them to put an ignition interlock breath machine in their personal vehicle . This makes very little sense - I know.

    A person can also have their license suspended for failure to pay traffic tickets, too many points as a result of the conviction of traffic tickets, or their failure to have the statutory, mandatory liability insurance. But, as your question suggests, many times, if not most of the time, a drivers license is lost as a result of a conviction for DUI/DWI or an administrative revocation from the DPS/DMV.

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