William J. O'Connor’s Answers

My colleague had a great point about the appendectomy analogy. Imagine that you know you have appendicitis and your appendix needs to be removed. You also know that removing the appendix involves an operation. How are YOU going to remove it? You'd have to be crazy to try it yourself. No doubt that you would hire a surgeon. You are considering accepting a plea offer and considering going to trial. I don't know what is going through your mind. Maybe you did what you are accused of but...

My colleagues answered your question rather thoroughly, but here is one more piece of advice for you. Send a letter to BoA demanding that, pursuant to the Fair Debt Collection Practices Act, all future correspondence regarding the account that they are contacting you about be done in writing. If BoA does not comply, you should have an additional remedy to go after them for.

Based on what you explained, an attorney who specializes in foreclosure defense would likely be able to help you. You did not state whether you owe a lending institution or if your contract is with a seller. If it's a lending institution, it probably wants the money you owe and not the property, although it will foreclose to get the money if need be. I handle situations like you are in and I have had success negotiating with lenders to avoid foreclosure. There may be attorneys in your...

This question will need to be researched by an attorney who specializes in medical malpractice. The general rule is that the statute of limitations (time limit to file a lawsuit) begins to run from either the date of the alleged injury or from when the injured person should have known of the injury. Your husband's claim would be in the "should have known" category, but many courts have watered down the rule over the years to make it difficult for plaintiffs to sue, even if they genuinely had...

First, I recommend that you contact a lawyer to help you resolve the issues that you described. With that being said, I understand your concern and how a person might interpret your situation as a double jeopardy issue. The reason that double jeopardy is not involved, however, is because you are not being charged criminally, at least according to the facts that you described. While there are additional rules involved for double jeopardy to be applicable, the basic requirements are that...

Like my colleague, I am also a bit confused by your comments and what your question is. It appears that you are stating that you were arrested for DUI for being disabled, although you were not under the influence of alcohol, drugs, or other intoxicating substances. Is it that the police officer mistook symptoms of your disability as symptoms of intoxicating substances? The Idaho DUI statutes were enacted to criminally charge those who are operating a motor vehicle while Under the Influence...

I am unsure of the specific code section that you were cited under, but it is not for a felony if it involves a barking dog and no allegations of your dog attacking anyone. Even a charge of harboring a vicious animal is a misdemeanor in Idaho. Your location is listed as Boise; and I am guessing that you were cited under a Boise City Code, probably 4-5-2. You should contact me or another criminal defense lawyer and request a free consultation regarding the basic facts of the case and the...

You said that a PD has been assigned to your case. Have you asked the PD to follow-up with the prosecutor regarding the blood test? You have other factors involved here. If the results are not received timely, then it is possible that they will not be available in time to use at trial without violating your speedy trial rights. If the prosecutor uses the test results without turning them over to defense, you could have a Brady violation. Violations under Brady are violations of your...

You said that the record was sealed and the case was dismissed. If the record was sealed, how did it show in your record? Also, did they fire you because of the record or because they believed that you were not honest if you answered that you did not have a conviction? When you say that "Montana" will not talk with you, whom in Montana do you mean? It's a bit difficult to provide you with meaningful advice with so many unanswered questions and without knowing what remedy you seek.

Based on the limited facts that you offered, it should be. But if there are additional facts that the other side could argue, who knows. You should consult with a criminal defense attorney, tell him or her everything about the incident, and listen to the advice that you are given.