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Ashkan Mehryari

Ashkan Mehryari’s Answers

54 total


  • Can a notarized/sworn statement from the owner of unopened package found be used as defense that it was not mine?

    During a traffic stop, I was arrested for Poss. of CS <2oz (2A-synthetic). Unopened package was found in the vehicle I was driving, which was NOT my vehicle. I told the officer that I did not know it was in the truck and it was not my vehicle and ...

    Ashkan’s Answer

    Sure, anything can be used to help you/your attorney in negotiations with the prosecutor.

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  • Can a LPR with a felony, used his children has an attempt to stop deportation?

    I am in the processes of a divorce, and was just told by my attorney that my soon to be exhusband has been detained for deportation due to a felony he received back in 2008, per my attorney he will not be able to fight this and will be deported, b...

    Ashkan’s Answer

    He can attempt to gain (maintain?) status and having children who are US citizens certainly helps his cause. The felony hurts him a lot, the degree to which it hurts depends on the actual felony committed. He can certainly "fight it" though. No rights are automatically lost in this country- there is a due process for everything.

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  • How long does the DEA have to charge me?

    I got setup in the sale of 8oz. of methamphetamine. I wasn't arrested that night. I was let go under the agreement that I would come back and work for them as a confidential informant. When will they charge me? How long do they have to charge me? ...

    Ashkan’s Answer

    They have several years to file on you, so don't worry about that. Make sure you get an attorney to review any "deals" you strike with them as, most of the time, these deals are largely unenforceable. They'll contact you when they need you.

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  • I received a parking citation outside my own home. I parked facing opposite from traffic flow.Should I pay it or fight it?

    I live in San Antonio, TX.

    Ashkan’s Answer

    From a practical point of view- is it worth fighting, financially.
    From a legal point, I'm fairly certain that is a valid citation so you might not have much ground to fight it.

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  • Would a speeding ticket be dismissed if the officer put down wrong info. on the ticket?

    License plates were wrong, car make and year. Even my race. Would it be better if i got a traffic lawyer to get it dismissed or would i just go to court and get it dismissed somehow and save myself the fee?

    Ashkan’s Answer

    It might make it hard to prove at trial since officers rely on those notes, but that doesn't automatically create grounds for dismissal, to answer your question.

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  • I received a parking citation outside my own home. I parked facing opposite from traffic flow.Should I pay it or fight it?

    I live in San Antonio, TX.

    Ashkan’s Answer

    From a practical point of view- is it worth fighting, financially.
    From a legal point, I'm fairly certain that is a valid citation so you might not have much ground to fight it.

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  • How can I remove a list of class C violations and accidents from my driving record, some of which exceed 7 years?

    The majority of these tickets are speeding, running red lights and failure to maintain financial responsibility. Can somebody please tell me how this should be done to clean up my driving record?

    Ashkan’s Answer

    As far as the criminal offenses go, if you received deferred, you can non-disclose or even expunge them. This would require petitioning the courts. As a fair warning, generally, it's more expensive than what it's worth on traffic tickets.

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  • My husband was sentenced to 18 months in Tarrant county and he got state jail time can his lawyer file form 1244 a for him

    he has been to federal corrections about 17 years ago for some type of drug charge and only minor misdemeanors since then and the d.a. offered 6 months but he went in front of the judge to beg the court and the judge sentenced him to 18 months for...

    Ashkan’s Answer

    If he's already been sentenced, your lawyer can't file a 12.44(a) anymore. Also, the State needs to agree to that, which they obviously didn't.

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  • My friend got arrested for possession of marijuana, hes only 15, then they forced him to take a drug test can they do that?

    him an friend got arrested in truck bed stuff was in the truck bed not on him an the truck an mj/tuck belong to his friend not him they were both arrested for possesion the other guy was 16 they brought them both to juvi booked them an my friend w...

    Ashkan’s Answer

    Generally, no- that's a search without a warrant. Now, if they had a warrant or consent, it's okay. Your question and fact pattern isn't clear and it sounds like there are some issues with the case. A good lawyer should be able to better address the search issue.

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  • Class a misd drug charge,pretrial adv or seal?

    i got charged with a class a misd. substance control charge for 13 xanax pills found in my purse after being picked up for traffic tickets. first time ever in any real trouble, first charge ever. im being told my multiple lawyers ill get deferred ...

    Ashkan’s Answer

    Pre-trail diversion is kind of like unofficial probation before it gets to the court. If you finish it, your case gets dismissed. It's literally diverting your case from trial. Once the appropriate time passes, you can have this completely erased from your record.
    Deferred probation is entering a plea of guilty, but the court sort of sets it aside and waits for you to finish your probation. If you, your case gets dismissed, but you can only seal it.
    Talk to your lawyer, but pre-trail is almost always the way to go when its an option.

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