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Anthony Spratley

Anthony Spratley’s Answers

9 total

  • If my case was nolle prosequi, can I still be charged?

    I was arrested in May 2012 for felony charges. I received a letter from a public defender last week with an appointment for a plea offer, and if I missed the appointment my I would be indicted and my case would go before a grand jury, I went to t...

    Anthony’s Answer

    This phrase only means that the prosecutor has decided not to pursue the case criminally at that time for a number of reasons. It does not, however, mean that the prosecutor will not, within the statute of limitations, re-indict an accused of the same alleged offense. Speak with your public defender right away to discuss your concerns so you can set your mind at ease.

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  • What could happen at a DUI probation violation hearing for the interlock?

    My husband and I share a vehicle which is in my name. The vehicle has an interlock device. I got a DUI in 12/11. Since then I have complied with everything. My husband is an alcoholic and is on federal probation. He was caught drinking so he is in...

    Anthony’s Answer

    Your probation violation is serious. You should expect the probation officer to make a recommendation to the judge for some jail time. The judge has broad discretion to impose sanctions for violating conditions of your probation ( for instance instructions to not allow another person to blow into the interlock device and what to do immediately when that occurs). I recommend contacting an attorney to assist you in your PV hearing.

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  • Was handed a plea and told this is the best it is going to get by my public defender. Have had little communication with him.

    I am afraid if I don't take this I will lose any consideration from prosecution. Facing habitual time on top of my 2 felonies. Have had very little counsel and going to a sentencing trial in a few days.

    Anthony’s Answer

    You must have your attorney fully explain your rights and consequences before you accept the plea. Only then will you know if talking the plea is the right choice for you.

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  • Can a lawyer from one state represent me if I have warrants in another state or do I need to find a lawyer in my past state

    I have been to court 3 times for traffic violations 6yrs. ago (all misdeameanors speeding, expired registration, speeding) Fines were levied but, I never payed the fines and have since moved out of state. I have been at my current job since for 6 ...

    Anthony’s Answer

    First, contact the state (where this occurred) administrative agency that handles driver licenses (DL) to confirm the status of your DL. In New Mexico it is called the Motor Vehicle Division (MVD).

    The general rule is an attorney may only practice law in state courts only where she is licensed. If you are looking to hire a private attorney for legal representation in this case, I recommend you contact the state bar association where this occurred and request an attorney referral. There, the attorney can work on your behalf and if possible, figure out how to get you properly licensed again.

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  • I was arrested at gun point for Camera Van Speed Violations, which I did not even knew I had. I was never cited by a cop.

    I know that the law pertaining to these Camera violations are completely civil and I never once was pulled over by a police officer. The court issued a warrant for arrest based off of Camera violations. I was arrested at my apartment at gun point ...

    Anthony’s Answer

    I am not clear what your question may be and will do the best to give you a good answer. If a person fails to appear in front of a judge as ordered, like a traffic offense, the judge can issue a bench warrant, which in some cases lead to arrest. Another thing you may want to consider, after speaking with an attorney, is to determine whether you received proper notice of hearing or lack therof which caused you to not show up for the scheduled court date.

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  • Which state law prevails when relocating pertaining to a DUI conviction?

    I recieved a DUI conviction in VA in Aug. 2010. My revokation of drivers licence was over Aug, 2011 I have completed all requirements, paid all fines. The only thing left is a 6 mo. interlock. I am moving to NM. NM law states for the 2nd convictio...

    Anthony’s Answer

    If you decide to obtain a NM driver license you must install the interlock device for two years from the date of your New Mexico issued driver license because of the Driver License Compact agreed to by most states -- NM and VA are part of the compact. You can request credit for the six months, but the state is not obligated to grant you the credit. You can contact the New Mexico MVD at Toll Free: 888 683 4636 or 888 MVD INFO for more information before you decide to apply for a New Mexico driver's licene. Not sure who you should contact in VA. You may want to try the DMV.

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  • Is it a felony to not show up to court for having a ticket for driving on a supsended license?

    If my friend doesnt show up to court for his trial, i know they would issue an arrest warrant, but is that a felony? a crime? or a misdemeanor?

    Anthony’s Answer

    Based on the facts as your presented them, when your friend failed to appear to court, that was a bad thing and he can be arrested on the judge's bench warrant, but it is not a felony or misdemeanor. Your friend should contact a lawyer soon to figure out how to deal with this potential bench warrant and traffic case as quickly as possible. I can be reached at 505-750-8442.

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  • I'm Army Active Duty and was charged with my first DUI. I submitted charges and court dates to my chain-of-command. Do I have to

    Do I have to disclose traffic violation to my chain-of-command? I already submitted DUI info including court date but now I'm being told that it is disobeying a direct order if I don't disclose citations. I asked to speak to legal and was told th...

    Anthony’s Answer

    There is no duty to disclose this to your chain of command. You have rights under Article 31 against self incrimination, which are similar to civilian Miranda rights (you have the right to remain silent...) but better. I recommend you speak with your local trial defense counsel or civilian defense attorney about your Article 31 rights. Contact me at aspratley@aspratley.com or 505-750-8442 to learn about your Article 31 rights under the UCMJ.

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  • If the time of the arraignment was 60 days, for a felony case, and the 60 days runs out w/o a trial, is the case dismissed?

    The judge had stated that the defendant must not leave the state for 60 days, assuming thats when the trial will be, but if the case is never heard within that 60 days, what then happens to the defendant? Is the case dismissed and the charges drop...

    Anthony’s Answer

    Trials should commence within 182 days of arraignment. Extensions beyond 182 days may be granted based on agreement between the defense attorney and prosecuting attorney. The fact a case was not held within 60 days or does not mean the state is barred from proceeding in its prosecution of the case. I recommend you speak with a lawyer to protect your rights. I can be reached at aspratley@aspratley.com or 505-750-8442.

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