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Michael Jermaine Carter

Michael Carter’s Answers

21 total

  • OH dui laws, possible consequences for 2nd DUI in 6 years

    I got a second dui within 6 years and did not submit to a bac test. The only thing I did was try to follow the pen with a light shined in my eyes.

    Michael’s Answer

    Assuming a conviction on a second lifetime DUI, you are facing the possibility of 70 - 365 days in jail, one year revocation of your driver's license, over one thousand dollars in fines and costs.

    That being said, there are numerous ways to challenge a DUI charge. Remember, you are presumed innocent. Please consult with an attorney, licensed in Ohio, who practices in this field before you speak with the District Attorney.

    Also, you have seven days from the date of your alleged offense to request a hearing with the DMV to protect your driver's license.

    Best of luck with your case,

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  • Does anybody know how can it effect my case if I change an attorney on my DUI case 10 days before the trial.

    my previous attorney does not talk to me about my case, and on a last motions hearing he verbaly assaulted me.

    Michael’s Answer

    If you are having personality conflicts with your current counsel ask the judge if you can have him/her removed. You have to understand that just asking for the continuance does not guarantee you getting the continuance. But you need to address the conflicts with your attorney.

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  • Hi, My wife arrested due to domestic violence in Colarado. The case has been. How to obtain a copy of te dismissal order?

    Hi My wife got arrested due to domestic violence in colarado state. Due to uncontrollable emotions I called the police and have her arrested. However case got dismissed after the first hearing as I (victim) wanted to dismiss the case and send my ...

    Michael’s Answer

    Your biggest issue at this point should be getting an immigration lawyer. While the case may have been dismissed your wife’s record will show that she was charged with the original Domestic Violence charge. The charge alone is going to have ramification on your wife visa.

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  • If I have a DUI in South Dakota and I get a DWAI in Colorado, what will be the penalty?

    If I have a DUI in South Dakota and I get a DWAI in Colorado, what will be the penalty?

    Michael’s Answer

    You are looking at your Second conviction. While this may only be a DWAI it will still have some pretty severe consequences. You are looking at about $1000 in fines, at least 50 hours of useful public service and some jail time. Because the DA is only charging you with a DWAI I would strongly recommend you get a DUI specialist. The sentences only get harsher after your first DUI and you need to protect your rights.

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  • I need some assistance understanding the likely outcome to my sisters felony probation violation and new felony charges.

    My sister plead guilty to a class 4 felony for theft (120K) and was placed on probation. She violated her probation as she was arrested and charged with three new class 3 felony charges, two for theft and one for computer crimes. The two crimes ...

    Michael’s Answer

    Your sister is looking at the revocation of her probation with any plea she takes in the new case. I agree with the prior attorney that any offer made by the DA's will include jail time. The best thing for your sister to do is to contact her PD in the first county and explain that she has another case and needs help in this county. I am assuming your sister whets to do some type of global Plea Deal. By contacting the PD's office that denied her representation she may be able to appeal and receive a PD just based on the fact she has a PD in the other case. Either way, if she is in custody and is trying to work out a global Plea Deal she needs to either hire another lawyer or try again to get the PD to represent her.

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  • Do i need a criminal defense lawyer

    in 1998 me and my ex got in a fight i was arrested and charged with assault on a female i went to court and she didnt show up but the arresting officer was there.i got probation and thats it. well now im trying to get a job and i wanna know is the...

    Michael’s Answer

    Before you hire an attorney you may be able to just go to the court house and find a flier on how to get this expunged. If that doesnt work your best bet is to hire someone experienced in this type of litigation.

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  • Can I terminate my Lawyer that was provided by Washington State to handle my criminal defense case

    My court appointed attorney doent have experence in criminal defense is that grounds for desmissal since it is a criminal defense case?

    Michael’s Answer

    You can absolutely terminate your lawyer. Regardless if the state hired him or not, a defendant can not be forced to accept represenatation. However if you do terminate your lawyer the court is likely to give you two choices 1.) Hire your own lawyer at your expense or 2.) defend the case yourself. Just something to think about before you dump your lawyer

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  • How can I remove a restraining order, that is not me? (name omitted) has the restraining order, I am (name omitted). NOT ME

    Recently CBI did a background check on me and they came up with a restraining order on a Patrick Pacheco, this is not me. My name is (name omitted), I petionioned the court to clear me of this charge, I was denied. I have applied for a CCW permit,...

    Michael’s Answer

    What you need to do is contact both the district attorney in the jurisdiction and find out why specifically you were denied. What you need to find out is the particulars of the case that the restraining order arised from and actually attack those specifcally. You should find a lawyer in the original jurisdiction to help you with this.

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  • My 1st time petty offense is possession of paraphernalia and marijuana; what should I expect now?

    I have a perfectly clean record, not even a single traffic violation and recently I was at the wrong place, wrong time and caught for possession of paraphernalia and marijuana. This was my 1st time involved with police.I've never been to court in ...

    Michael’s Answer

    I think your issue is how this will affect your financial aid and the only people who can truly help you with that would specifically be financial aid. As for the court appearance if your record is as clean as you say you may only get a slap on the wrist. You should still contact a lawyer in that area because of the collateral consequence to your financial aid.

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  • How long is a bench warrant active for failure to appear on DWI chrges.

    If bench warrant issued June 2002 in Buncombe County, NC for failure to appear on DWI charges , would it still be active?

    Michael’s Answer

    Your Warrant is more than likely still active. What you need to find out is if NC will extradite you back for a DUI. You need to contact a lawyer in NC.

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