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William J. O'Connor
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William O'Connor’s Answers

337 total


  • I run a storage facility,the couple that rented 2 units and a rental truck hasn't made any payments in 6 months.

    I filed 1 intent to lien, the couple came in and asked to sign a promise to pay promissory note. they didn't pay it,either. I filed the intent to sale notice and 2 days later I get the Bankrupt notice. Can I file a challenge to discharge against t...

    William’s Answer

    You stated that the couple came in and asked to sign a promissory note; but you did not state whether or not they actually signed it. The answer is an important fact for you.

    Assuming that the couple signed it, how long before filing the bankruptcy did they do so? If the time gap was very small, they may have intended to never pay you. That fact will matter if you file a motion to lift the bankruptcy stay.

    Also, did the couple file a Chapter 7 or Chapter 13?

    CAUTION - there are several pitfalls that you will want to avoid if you proceed with a motion, proof of claim or adversary proceeding. You should consult with a skilled bankruptcy lawyer who represents creditors as opposed to going it alone or you could lose even more money in trying to pursue a remedy in the bankruptcy court.

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  • Police: 'admit or you're going to jail'-while WINKING at store manager.I had nothing to admit.(not guilty) That cant be legal?

    i was detained upon leaving a store getting groceries. i had looked at a necklace, then set it down somewhere (like an idiot) in the store. They called the cops, Arrested for pettit theft (didnt do it, they never found anything). Cop was telling m...

    William’s Answer

    The cop was trying to set you up. Unfortunately, even if he broke a law, he will not be charged. His behavior is unconscionable for a public servant, but that will not help you.

    Hire a skilled criminal defense lawyer ASAP! That should be your priority because it is what you need.

    Best of luck!

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  • Will my possession of marijuana be dropped if it was found due to an erroneous arrest/tow?

    I was pulled over for speeding (67 in a 55). Upon running my license it came up as suspended, and with a requirement of a ignition interlock system. For this reason I was arrested, and my car towed. Upon towing my car the police officer "invent...

    William’s Answer

    I agree with my colleagues' answers regarding the search. In regards to your comment about a lawyer wanting to charge you $1500 to represent you, you should jump on that offer if you believe that the lawyer will represent you well. You pay a lawyer for his or her time, skills, and expertise. Your lawyer had nothing to do with the facts of your situation, so why should your lawyer work for so little when he or she didn't create the mess that your in?

    And best of luck to you!

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  • I slept through court and my warrant is set at $100,000 bail. What options do I have to avoid as much incarceration as possible

    On Friday, I had court for a felony possession charge I picked up in Feb. I have been working multiple jobs and keeping as busy as possible in order to keep myself out of trouble and to take care of myself and the extra court costs. I ended up sle...

    William’s Answer

    You need a lawyer, plain and simple. You are facing a felony and now you are at risk of losing three jobs. A skilled criminal defense lawyer should evaluate your case and your situation regarding bond. No amount of advice on this forum will be sufficient to for you to handle these matters on your own. Get a lawyer ASAP!

    And best of luck!

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  • Will I be arrested at court for motion for pretrial and motion to increase bond

    I was arrested and released on bail on a felony charge on Feb 17. On Apr. 2, I was arrested and booked and released on misdemeanor charges... Now I'm going to court, and no one has contacted me but the repository says motion for pretrial release a...

    William’s Answer

    When you were released on bond after being charged with the felony, one of your conditions for release was to not commit anymore crimes. Although you have not been convicted of the recent misdemeanor that you were charged with, prosecutors view any new charges since you were released as though you violated the terms of your pretrial release order.

    Bond is supposed to be for ensuring that you appear at the hearings for your court case, but too often it is used as punishment. The motion to amend your pretrial release and to increase bail means that the prosecutor is asking that you post additional bond before being released again.

    The wisest thing that you can do right now is to hire a skilled criminal defense lawyer. The prosecutor is working against you; and you need a skilled advocate to work for you. If you can't afford a lawyer, ask the court to appoint the public defender.

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  • I have a car a 2002 BMW That got stolen in California , I live in Idaho . I still making payments and insurance for this car .

    We went to California The car broke down and he left it at a friends sisters house . The friend took the car and he has possession of it, I call him and ask him to give me his address so I can go pick up my car he refuse to give me the location...

    William’s Answer

    Try contacting the local police department in the place where the car is being held. The person holding the car will likely not want to push the issue further if police are involved.

    Alternatively, if the police refuse to get involved, contact a lawyer local to the area where the car is located to seek help.

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  • 19 year old got pulled over in Idaho for speeding, got a drug paraphernalia charge instead do we need a lawer?

    had a used pipe and brand new grinder. Only has 1 speeding ticket and on Deans List in College

    William’s Answer

    Your son definitely needs a lawyer. A skilled criminal defense lawyer will review all available evidence, including but not limited to the reason for the stop and the facts that lead to the charge. There may be suppression issues that a lawyer can identify. In the event that the stop and charge were legal, a lawyer should be able to negotiate a favorable plea agreement to minimize the impact on your son's life as he moves forward.

    Best of luck!

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  • I'm on probation in idaho..if I bounce to Montana will idaho come get me?

    On probation for second dui..this one was excessive.

    William’s Answer

    As a colleague stated, it depends upon the terms of your probation. If you are on supervised probation and you miss appointments because you fail to gain your PO's approval, there will almost certainly be a warrant issued for your arrest. You could end up in a Montana jail waiting for Idaho's decision on whether or not to extradite you.

    If you have good cause to move (i.e. you have a good job lined up in Montana, you have family or other people who would be positive influences in your life, etc.), why not get permission, if needed, from your PO?
    The worst thing that you can do is abscond. You will only create problems for yourself later.

    Best of luck.

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  • Am I able to look up attorneys of previous cases from the clerk of courts? Should I be notified when a new judge covers my case

    I am looking for the attorney that went against the prosecutor of a friends case. The person, my friend, is up against is a very popular club owner that the court system is all to familiar with. I.e. My friends name is Bill and Bill got in...

    William’s Answer

    You stated your concerns but not those of your friend, aka Bill. If Bill has trust concerns with his current attorney, he should either address his concerns with his current lawyer or seek new counsel, or both.

    Honesty and trust between a client and his lawyer is a necessary ingredient for a beneficial attorney-client relationship. Even if you research and find nothing that substantiates your concerns, you will still have those concerns. It is important for Bill to have confidence in his lawyer, so he should address those concerns one way or another.

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  • What can i expect for a bong found in my car and under a gram of marijuana?

    got puled over for speeding, cop smelt marijuana and searched the car and found a bong and weed in the trunk. im a minor and explained to the cop it wasnt my stuff. it was really left in my car and forgotten about. should i plea not guilty? what ...

    William’s Answer

    You need to retain a skilled criminal defense lawyer ASAP. If you cannot afford one, ask the court to appoint the public defender.

    If you are arraigned before you have representation, plead NOT guilty.

    Best of luck to you.

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