Barry Lawrence Aaron’s Answers

Barry Lawrence Aaron

Boulder Criminal Defense Attorney.

Contributor Level 9
  1. How do I fake my death without sparking investigation?

    Answered over 2 years ago.

    1. Richard C. Southard
    2. Meredith A. Bettenhauser
    3. Barry Lawrence Aaron
    4. Eric Edward Rothstein
    4 lawyer answers

    Very simple: don't do it! If you are serious about this, I would urge you to seek some professional counseling to address the reasons you feel this is necessary. Good luck!

  2. I was charged with possession of a weapon in the second and reckless endangerment.

    Answered over 2 years ago.

    1. Richard C. Southard
    2. Eric Edward Rothstein
    3. Barry Lawrence Aaron
    3 lawyer answers

    Since your charge..CPW 2...contains the element of "intent to use (the weapon) unlawfully", it is highly likely that the judge WILL allow the D.A. to introduce evidence of the shooting, regardless of whether there is a Reckless Endangerment charge. Indeed, there is ample appellate case law to support the introduction of such testimony. Sorry!

  3. Do home DNA tests hold up in court?

    Answered over 2 years ago.

    1. Stephen Clark Harkess
    2. Danyel S. Joffe
    3. Barry Lawrence Aaron
    3 lawyer answers

    It is highly unlikely that any court of law will accept the results of such a home DNA test. Admissible DNA testing ordinarily require a very high degree of training and expertise; Moreover, specialized laboratories are used to obtain results. Even then, challenges to admissibility and/or results are often raised by counsel. At the most, such home DNA test results might create an issue which the court may be willing to address, such as by ordering testing via proper methodology and...

  4. Does a guarantor need to provide financial information in order for a lease to be legal?

    Answered about 1 year ago.

    1. Jeremy Judson Cobb
    2. Barry Lawrence Aaron
    2 lawyer answers

    I see no reason that the lease would be void; Providing financial information is tangential to the lease, it does not invalidate it if otherwise properly executed.

    1 lawyer agreed with this answer

  5. How serious does the case have to be before there will be inter-state extradition with Maryland?

    Answered over 2 years ago.

    1. Paul H Zukerberg
    2. Barry Lawrence Aaron
    2 lawyer answers

    As a former prosecutor who handled hundreds of extraditions, I can tell you that there is no definitive answer to your query. Because of the costs attendant to requesting an extradition from another state, local prosecutors don't always file. The charges sound fairly serious, but that is just one of the many factors. They will also consider the strength of the case (available evidence of guilt), likelihood of conviction, prior criminal record, and, as I said, the costs involved. (For example,...

    1 lawyer agreed with this answer

  6. Can I denounce my brother, who is just a permanent resident, to be deported for committing fraud on our mother's home and bank?

    Answered over 2 years ago.

    1. Barry Lawrence Aaron
    2. Ekaette Patty-Anne Eddings
    3. Eugene J. Glicksman
    4. C. C. Abbott
    4 lawyer answers

    You can file a complaint with the police or your local DA's Office and see if they believe there is a basis for criminal charges. As my colleagues have so eloquently stated, ICE will not act on your report; As a former prosecutor, I can tell you that ICE is overwhelmed and understaffed and generally will not take action in this type of situation absent a deportable felony conviction. Best of Luck!

    1 person marked this answer as helpful

  7. I was convicted over 10 years ago of 2 class C felonies and i need them off my record.

    Answered about 1 year ago.

    1. Brooks James Grainger
    2. Guy Henry Haskell
    3. Anthony Joseph Muhlenkamp
    4. Barry Lawrence Aaron
    4 lawyer answers

    It is not likely that you can get felony convictions expunged; However, some states do make provision for a "certificate of relief from civil disabilities"...speak to an attorney in your state to learn if Indiana has such a provision.

  8. Will this show up on background checks/criminal searches?

    Answered almost 2 years ago.

    1. Paul Stanko
    2. Dana M Moss
    3. Barry Lawrence Aaron
    3 lawyer answers

    There is nothing to seal or expunge, and this will not be on your record, since no charges were brought.

  9. I need to know what to do

    Answered over 2 years ago.

    1. Christine C McCall
    2. Barry Lawrence Aaron
    2 lawyer answers

    I agree with my colleague...Yours is not really a legal problem. Since they are not obliged to drug test you at their expense, I think you really have 3 choices: 1) Pay for and take your own test and present the (hopefully) negative findings, to stifle the gossip; or 2) Resign from the volunteer Fire Dept.; or 3) Grin and bear it! Best of luck!

  10. What can we do to make this contract null and void?

    Answered over 2 years ago.

    1. Brian W. Erikson
    2. Barry Lawrence Aaron
    2 lawyer answers

    I would say you've got real problems...This looks to be a classic "he said, she said" scenario. In other words, all the signed, WRITTEN agreements here favor the seller, not you. If you co-signed the loan, and the vehicle was sold "as is" -- without any warranty, then you will be stuck with the repair bill. Perhaps if this was a purchase from a dealer, and you can show that the dealer knowingly misrepresented the condition of the car, you might have a shot. The general rule in these cases,...