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James Cannon Huber

James Huber’s Answers

172 total


  • Can a person with a felony get a regular guard car without firearm permit.'14 yrs.ago possesion 24years ago 2nd degree burgery

    the 2nd degree burgry was reciving stolen property i ask to go to prison when i was 19and the 14 year old felony was possestion of a controled substance which i took first deasl and got 3years with 80 record is bein expuged gorvenor pardon so do i...

    James’s Answer

    When something is expunged or pardoned, there are two schools of thought. One is that you don't need to disclose it when you make an application because it is expunged. Another is that you still have to disclose it, but can mention that it was expunged. The licensing board will help you answer this better.

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  • Is he entitled to the presumption of soundness/with OTH?

    An assault and battery committed by a drill instructor caused severe permanent damage to hand. Proper medical care was withheld because DI did not want recruit to snitch him out at VA Hospital. Recruit spent the last month of recruit training on...

    James’s Answer

    Yes, contact your JAG attorney as the military has certain hoops that you must jump through.

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  • My car was impounded under VC 22655(5) How long can the police keep my vehicle before releasing it? can i sue if im not charged?

    its been 3 weeks and every time i call they say it will be another week i do not have a case number so i can not file a motion for return of property.

    James’s Answer

    The police can keep it as long as it's needed. But you should hire a lawyer to expedite getting it back. As you know, it's a large burden on an individual to go without their car. You can get the judge to order a writ of mandamus to make the cops get their evidence and release it back to you. Suing the police is a whole other matter, and generally not worth the time & effort as police are immune from liability unless they are way beyond their scope of work. Here, collecting evidence is likely within their scope of work.

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  • Domestic dispute?

    The dog ran away and no one could find her. The owner went ballistic, took a knife from the drawer and started putting wholes in the wall while yelling and hollering. I couldn't calm the man down, so I called the police. The police came and arr...

    James’s Answer

    You need to show up if you were subpoenaed and tell the truth.

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  • My probation office is out of my county to far to travel hardship no car

    also im a livein caregiver which the elder lady i take care of requires 24/7 car i do not have a vehicle and its to hard to take her out po told me to take the bus the probation office is 95 miles away 9 hrs one way on the bus with an handicapped...

    James’s Answer

    Unfortunately, your hardships will not qualify, and you need to meet the terms of probation.

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  • My car was towed away, b/c it was parked on the street where parade was going. There were no temporary signs on the street.

    I parked that morning on the street and there were no temporary signs saying Tow AWAY zone, but when I came back 3 hours later, the street was blocked, there were huge signs about Tow Away ZONE and all the cars that were parked in front of me were...

    James’s Answer

    You could file in small claims, but if they show up, it's your word vs. theirs. If they don't show up, you'll have a small judgment and will be tasked with collection that might end up costing more than the fine.

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  • My husband is incarcerated. his job description indicates he will not be compesated if he gets injured in that work assignment.

    he declined signing.he was given the direct order to sign.he refuse.he is being punished for (refusing a direct order) he believe ordering him to sign anything he does not agree with is not a lawful order.does my husband have legal grounds for an...

    James’s Answer

    Incarcerated people give up some of their rights, but not all. He cannot be forced to sign anything giving up additional rights, and should contact an attorney that deals with civil rights, as indicated by the other attorneys.

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  • I cannot afford to pay back an online installment loan. What are the chances of the case being dismissed in Small Claims Court ?

    I tried to arrange a re-payment agreement with the company but they will not stop charging me fees. I will not ever be able to repay them. I am sure they will sue me in court eventually, what chances do I have of winning and not having to repay th...

    James’s Answer

    You need to send them a letter requesting that they verify the debt, and do not contact you by phone. If they do sue you, you can possibly counter sue for violations of the FDCPA, breach of the agreement, and this might actually end up making you money. So the short answer is to not sweat it after you take some preliminary steps.

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  • Are 911 recordings actually destroyed after a specific amount of time or transfered to microfiche?

    My husband was convicted a number of years ago. There was a 911 call made that could possibly be used as exculpatory evidence, however his attorney had said the recording did not exist? How can he check to determine if it does exist?

    James’s Answer

    The retention policy is not universal. But the prosecutor will likely have a copy, or the 911 office.

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  • Probation came barging into home looking for my brother and brother has not lived here in 2 years so my dad didn't want to corpo

    Probation came barging into home looking for my brother and brother has not lived here in 2 years so my dad didn't want to corporate w them so they threw him on the floor and put handcuffs on him and when I later went to pick him up at the police ...

    James’s Answer

    Not sure what your question is, but you should always cooperate with police officers.

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