William J. O'Connor’s Answers

William J. O'Connor

Boise Criminal Defense Attorney.

Contributor Level 12
  1. Is it a crime for an "alleged" victim of a crime to tell the defendant's family she will tell the truth if they pay her $1,000.

    Answered almost 2 years ago.

    1. William J. O'Connor
    2. James Donald Garrett
    3. James Regan
    3 lawyer answers

    Issue #1 is twofold: Is your son guilty of the crime that he is charged with? And even if he is, can the prosecutor prove it beyond a reasonable doubt? The answer to that issue will determine whether he should accept a plea offer or go to trial. Issue #2: Can you prove that the complaining witness made the offer to tell the truth for the money? If so, it seems that she may be committing felony extortion, because she is essentially demanding money that she is not entitled to or she...

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  2. BK7 DISCHARGED AND COLLECTORS? TODAY I RECEIVED A $116.849.63 COLLECTION LETTER FOR PAST 3 YEARS I STAY IN THE HOUSE AFTER BK7?

    Answered over 2 years ago.

    1. Derek R. Caldwell
    2. Marc Gregory Wagman
    3. Omar Mahmoud Badr
    4. Deborah F Bowinski
    5. William J. O'Connor
    5 lawyer answers

    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.

    7 lawyers agreed with this answer

  3. Does my minor daughter need an attorney for a DUI charge if she is indeed guilty?

    Answered about 1 year ago.

    1. William J. O'Connor
    2. Paula Brown Sinclair
    3. Alan James Brinkmeier
    4. Gary Roger Waitzman
    5. Christopher Irvin Simser
    5 lawyer answers

    You definitely should have a lawyer for your daughter for a few reasons. One is that you want to ensure that none of your daughter's rights were violated by the police. Because it was a rollover accident and not a traffic stop, it is more doubtful that she may have issues that would support a motion to suppress, there could be Miranda or other issues involved. Other issues may be regarding the testing equipment itself, whether or not the breathalyzer, if one was used, was properly calibrated...

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  4. If you have a warrant for your arrest do the police still have to read you your rights???

    Answered about 1 year ago.

    1. William J. O'Connor
    2. Valerie Semmes Bouffiou
    3. Robert Jason De Groot
    3 lawyer answers

    The police do not have to read anyone their rights upon making an arrest. However, if your mother would have made any statements after her arrest without being Mirandized, those statements would not be able to be used against her in court. Because they already had a warrant they didn't necessarily need her statements, but had she admitted to committing a crime the police would have regretted not reading your mom her Miranda rights.

    5 lawyers agreed with this answer

  5. My BF is on felony probation for DUI and we just learned there is a bench warrant out for a PV neither of us were aware of.

    Answered over 1 year ago.

    1. William J. O'Connor
    2. Adam Todd Katzman
    3. Ethan Patrick Meaney
    4. Max M. Yueh
    4 lawyer answers

    Your boyfriend needs to deal with this issue one way or another. And yes, he should consult with a lawyer before contacting the PO. The lawyer may be able to look into the issue on his behalf and help to smooth the situation over with the PO, or be prepared to fight it if he was violated and the lawyer believes that there is a legitimate defense. By addressing the situation this way, your boyfriend will be in a better situation to have the warrant not interrupt his life. For example, if he...

    5 lawyers agreed with this answer

  6. Why am I being charged? Where is the justice in that?

    Answered 9 months ago.

    1. William J. O'Connor
    2. Paula Brown Sinclair
    3. Richard Carl Perry Jr.
    3 lawyer answers

    Here is a tip for the next time that you get angry with someone, write out what you want to say, read it aloud to yourself, then wait 24 hours. You will likely feel better because you got the anger off of your chest, but you didn't spew that anger towards anyone else. You will likely realize, after the 24-hour time period, that you don't need to do involve anyone else with whatever negative emotions that you are feeling. With that being said, you have a right to an impartial jury and for...

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  7. Frequenting charge deferred potentially hurtful to my career?

    Answered about 1 year ago.

    1. William J. O'Connor
    2. Jefferson Ragnar Griffeath
    2 lawyer answers

    What you explained sounds like a Withheld Judgment. That is where the court imposes a sentence, like the one that you received, but does not enter a judgment of conviction. So long as you comply with the all of the terms of your probation and the sentence itself, as soon as the one year is up, you should file a motion with the court requesting that your guilty plea be set aside and that your case is dismissed. The court should grant the motion so long as you complied with all terms. If the...

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  8. If I have a HELOC on my home and I am keeping up payments, will I lose my home if I declare bankruptcy?

    Answered 9 months ago.

    1. Paula Brown Sinclair
    2. William J. O'Connor
    3. Shaye Larkin
    4. Shelley Ann Elder
    5. Dorothy Ann Bartholomew
    5 lawyer answers

    Watch out for debt-consolidation companies. Some are reputable but others will put you in a worse position than you are already in. You should consult with a bankruptcy lawyer who also handles alternative debt settlements to weigh your options. Most of us provide free consultations. As far as losing your home, if you want to keep it and you can afford the payments, you will not lose it in bankruptcy unless you want to. Again, a lawyer can guide you through the numbers and alternatives...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Wage Garnishments and the Means Test?

    Answered about 1 year ago.

    1. Ted A Troutman
    2. William J. O'Connor
    3. Blake Owen Brewer
    4. Roy A. Praver
    5. Carl H Starrett II
    5 lawyer answers

    With the issues that you have, you should not be trying to file a bankruptcy petition pro se - you need a lawyer. You are at the beginning, still working on completing your petition, and you are already confused. This should be one of the easy parts for you, so imagine what you may face in the future. Regarding your statement that: "I know that wage garnishments also get classified as 'secured,'" that is not necessarily true. It depends upon the nature of the debt. Just because the...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Can someone explain if I take a case to a jury or court trial what to expect ?

    Answered over 2 years ago.

    1. Paula Brown Sinclair
    2. William J. O'Connor
    3. Barry Franklin Poulson
    4. Frank Mascagni III
    4 lawyer 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...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

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