Skip to main content
Mario Madrid
Avvo
Pro

Mario Madrid’s Answers

66 total


  • Can I file for a retrial after signing probation papers? Was not given fair trail

    Was not asked how do I plead. Was given three options. Do see judge tell end

    Mario’s Answer

    I am assuming you filed a motion for probation prior to trial as the rules require. That has no bearing on your right to appeal. You have 30 days to file a motion for a new trial. You need to contact an attorney immediately to assist you in this process.

    See question 
  • Had 2 dui one not guilty the second one guilty should I apply for my citizenship or will it get denied?

    I got a DUI in 2004 but I won the case and found not guilty then I got another one in 2007 and got probation etc. my green card expires in 2013

    Mario’s Answer

    You need to speak with an immigration attorney post this same question under the immigration attorney section.

    See question 
  • My boyfriend in currently incarerated in florida jail .. he has a bond however he has a hold in virginia ? Should I get a lawyer

    He currently has a lawyer in florida working on his case there . Should I get a lawyer to work on his case in virginia so he can get out on both bonds ??

    Mario’s Answer

    I am not a VIrginia lawyer and therefore am not aware of the procedures or laws of that Commonwealth. However, you should contact a Virginia attorney to find out whether he can get a bond in Virginia.

    See question 
  • Can my brother be charged with drug possession and will it stick?

    My brother was evicted from his apartment and he took the ac unit he paid for (had receipt). His landlord went in after he turned over the keys and noticed the ac gone, called the cops for theft and said he found pot. can they charge him with po...

    Mario’s Answer

    The case would be difficult to prove. Ultimately it is up to the State to decide if they will charge someone, but based on those facts, I do not believe they have sufficient links from your brother to the marijuana to get past probable cause.

    See question 
  • Is my case suppose to be dropped if I was in jail on a hold but released

    I was on probation and didn't report for 3 of the 5 years I was given and now it has been a year over the time I was given on probation so I turned myself into my county and was in jail for a month and there county never showed up to get me after ...

    Mario’s Answer

    I agree with the previous responses. Your case will not be dismissed as a result of being released because the county where the warrant originated failed to pick you up. You need to hire an attorney in the county where the warrant exists to address this issue.

    See question 
  • I was arrested for a first degree felony drug charge, delv of a contr subst in a drug free zone how long do they have to indict

    was pulled over for false reasons in a school zone during search they found substance was arrested how long do they have to indict me and can they say delivery even if I wasn't or can I fight it to intent to deliver and would that still be a felony

    Mario’s Answer

    The State must prove all of the elements of the crime. If they cannot prove the intent to deliver and can prove the lesser charge of possession, you can still be found guilty of the lesser crime if it is included in the judge's instructions to the jury.

    See question 
  • During a trial is it okay for the prosecutor to pick the person testify up for the trial and ride the around the day before.

    During a trial is it okay for the prosecutor to pick the person testify up for the trial and ride the around the day before, if you are subpoenaed?

    Mario’s Answer

    I am not aware of any rule that disallows the State or Defense to be in the same automobile with a witness. For example, if an attorney wanted to visit with a witness and the only way to accomplish this was to give the witness a ride, no rule is broken.

    It suppose if you are implying something unethical has occurred the opposing lawyer can cross examine the witness on the available facts.

    See question 
  • I was almost killed, I know plea bargains can make a stronger charge smaller but can the DA make a lesser charge greater?

    This man has a history of domestic violence. He violently took my phone and attacked me leaving bruises from head to toe. He sat on me and strangled me until I passed out. i thought he had killed me in front of my 3 yr old daughter, I remember not...

    Mario’s Answer

    A prosecutor can increase a charge. The determination will be made based on what the prosecutor thinks they can prove. A family violence assault of impeding breath is a third degree felony. Attempted murder is a second degree felony. If the prosecutor thinks he/she can make a case they will file it as such. However, it would not be wise for a prosecutor to increase charges and not be able to make the case and end up with a dismissal. You have to make sure you are involved in the case and communicate everything to the prosecutor.

    See question 
  • When a minor is pulled over should a parent be called?

    16yr was pulled over car searched and child.... keys, car title all taken car impounded parent was never called is this legal? should parent have called?why was everything taken....no drugs are anything found?

    Mario’s Answer

    The police are not required to call parents for a police stop. For instance if the police detain a driver who happens to be 16 years old and gives them a speeding ticket, they do not have call parents.

    See question 
  • Iam on deffered ajudication for a class b misd for theft under 55$, have not completed comm. service, will this land me in jail?

    I was givin defferend adjudication probation for two years , I have completed every aspect succesfull [drug test, monthly payments, etc.] I have not been in any trouble of any kind. Iam supposed to finish my comm. service within the first 10 month...

    Mario’s Answer

    If you do not comply with the terms and conditions of your deferred adjudication it will lead to a revocation. I cannot tell you what will happen in your situation, but would suggest that you comply. Get your community service done. Do whatever it takes, make it your number one priority. If you do not the consequences could mean a revocation.

    Good luck.

    See question