I have never had a DUI before, I'm 26 years old and had a BAC of .109. What are the possible outcomes of my case? Am I looking at jail time or just losing my license, probation, alcohol classes, etc. ?
It's difficult to predict the outcome of a DUI case without first reviewing the DA's "discovery" documents (Police reports, etc.) and discussing the case with the client. The DA typically will offer a DWAI plea, but this varies depending upon all the facts and circumstances. Probation, alcohol class, community service, fines, and court costs are all likely sentences with a DWAI plea. However, there are defenses available which an experienced attorney will discuss with you. You should definitely retain an attorney and not tr to go it alone.See question
My 18-yr-old son. Arrest report indicates he was pretty drunk. He refused both breath and blood test. Seems like he has effectively admitted guilt to being intoxicated, so i'm just wondering what, if any, value an attorney can provide.
There are two prongs to the question:
With respect to the DMV...Refusal will almost always result in license suspension, but there are instances where this may not be the case. An attorney experienced in DUI can explain when an exception may exist.
With respect to the County Court DUI case, an experienced attorney may be able to unveil defenses (such as unlawful stop of the vehicle) or may, in any event, be able to negotiate a far better plea deal than someone who "goes it alone" without an attorney.
person has gotten a DUI 2 years ago and was arrested for driving without a license
I would urge the defendant to retain an attorney to handle this matter; Driving while under restraint (i.e., a prior suspension) is a serious matter which could result in a jail sentence. An experienced attorney may be able to negotiate a non-jail disposition, depending on the County of occurrence.See question
I had an altercation over 5 years ago with my current ex, we were together for 8 years. During this I slapped her and broke her nose, the police were called by her sister. I sat outside on the steps and waited for the County cops to arrive. He too...
There is nothing to seal or expunge, and this will not be on your record, since no charges were brought.See question
I was convicted of shoplifting with a one year probation. The parole officer did not even require me to attend classes as I was on two potent medications for asthma and try-geminal neuralgia which caused bad results including hallucinations. I've ...
Sorry; The sealing statute does not apply to this situationSee question
He is charged with trafficking and distribution of heroin.
The payment arrangement would be up to the attorney, but many private attorneys refuse to operate this way because once they have "entered" the case and devoted time to it, they don't want to chase after the client for payment. Therefore, most lawyers do require a "retainer fee" which is held in a special attorney's account and depleted as the fee is actually earned, based on time spent on the case. The Public Defender's Office is another option. Good Luck!See question
The bike was unlocked and I had absolutely NO intentions of actually stealing it I was just messing around. I was seen riding it in circles a block away from where it was taken and I had every intention of returning it.
The fact that the bike was unlocked is not a defense; However, as my colleagues have said, your lack of intent to steal is. It really comes down to whether you have had any prior criminal contacts--obviously, the statement of a person who has a history of thefts that he intended to return the bike is less likely to be credited by the prosecutor and judge. Typical pleas in such cases range from a "deferred" (where the case is ultimately dismissed if you stay out of trouble and comply with any other conditions) to jail (if you have a criminal record). Consult a lawyer, and Good Luck.See question
I recieved a ticket for expired plates and have sence gotten the issue resolved. How likely will it be that the fine will be reduced or the ticket dismissed if I go to court? I received a second ticket for expired plates two days later in a diff...
I agree with Mr. Leroi; The first ticket would likely result in just a small fine, but the second is far more serious. Blaming it on your "buddy" won't work...Instead of taking care of business, you tried to "get over" with this deceit. I would be surprised if they reduced the second ticket at all; At best, they will likely offer you a plea to the charge with a large fine. I suggest you retain counsel on this one.See question
(to give me time to pay it off - felony conviction $50,000 restitution). I was paying $150/mo until I lost my job but I am still paying what I can. Do I need a lawyer? Do I have a defense? I received a letter stating that I am past due because I h...
Sounds like an appropriate case for modification of the probation terms; Definitely look at the link provided by my learned colleague above..it summarizes the law in this area. If you have no means of paying the full amount, it would make no sense for the Judge to resentence you for a VOP, as then the victim would be getting no restitution whatsoever. This is a very serious matter, and I suggest getting an attorney to represent you.See question
they have sues company insurance and now trying to sue me personaly
Yes, you can. Typically, the plaintiff in a civil action will sue any and all possible parties; In your case, you and your employer are both obvious defendants. The insurance company which insures the vehicle can be expected to step in and attempt to settle the matter, but if the insurance is insufficient to satisfy the damages to the plaintiff, it is very possible that you and your employer will be "on the hook" for any additional damages which the plaintiff suffered.See question