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Daniel Kieth Martin

Daniel Martin’s Answers

21 total

  • My probation officer just told me that I have to have my fees paid in full before my last probation appt in Jan.

    I am current and have 2 months left. He said they will add time and fees if I dont have them paid before Jan The courts set my time up, and set my probation, how can they tell me I have to have fees paid 2 months early now? Can they do this? T...

    Daniel’s Answer

    Anyone on probation should make sure that they pay all of their fines and fees before the end of their probation term. Many jurisdictions will not let you expunge a conviction if the fees were not paid in full. It could come back to haunt you if you ever want to clean up your record.

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  • If you have a warrant and you post your bail and turn your self in during a court date how do you go about getting a court

    if you have a warrant on an assault charge you post your bail and turn yourself in on the court date how do you go about getting a court appointed attorney if you dont have the funds to pay?

    Daniel’s Answer

    On your first appearance you tell them that you need a public defender. You may need to show proof of income

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  • Potential First Offense

    If I were caught with 200 pounds of pure MDMA, what kind of time am I looking at?

    Daniel’s Answer

    The other thing to consider is that when the quantities are this high the Feds often get involved in which case you could be facing life in federal prison.

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  • My boyfriend jus got locked up 2 days ago for something he didnt do and they have no evidence against him but he has no bound

    he was in someones house and when he came out his friends was running and he didnt know what was going on and the police locked him up because the person his friends robbed said he wwas with them and they charged him with a firearm he did not have...

    Daniel’s Answer

    It is important to remember that testimony of a witness i, is evidence stop you can't say that they have no evidence, in fact I would say that they have a strong case. Your boyfriend needs a lawyer, do whatever you can to hire a lawyer to help him.

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  • My Daughter got 60 hours cs and a $300 fine for selling cigs to a minor. She paid the fine but did not do the hours.

    Went back to court and was advised to get an attorney-she was appointed a public defender. I see this as she is actually going on trial. I think the judge will give her jail time this time as she has no legitmate/provable excuse for not doing thos...

    Daniel’s Answer

    She is not going to trial, trials are to determine guilt and items that are in dispute. She has already admitted guilt. They may have set a hearing to determine whether or not she violated probation however there will be no jury for that hearing.

    Your daughter should hire a lawyer because he or she can often smooth things out and in the meantime try to do some, even if it is only a few hours of community service she should try to get some done.

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  • What kind of time is one facing least to worse in the following situation:

    A guy was pulled over by the Police for speeding 20 miles over the speed limit going through Kentucky (Lives in Nashville) he use to be a Probation Office and still had the badge. The officer saw it and asked him if he was currently one and he sai...

    Daniel’s Answer

    It is difficult to say for sure because there are many factors that will affect the final outcome. The crime of impersonating a Peace Officer is a class D felony in Kentucky. A peace officer is defined as any member of a law enforcement agency, so probation would be included in that.

    Class D felonies are punishable by one to five years in prison however this charge is frequently negotiated down to something else like disturbing the peace. He is likely going to do a little bit of time in county jail due to the fact that he was already on probation. If his record was totally clean I could see community service or a work program. Good luck.

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  • Domestic battery. What might happen?

    Can my husband go to jail if we were having an argument,he pushed me, I latter punch him lightly. I called the cops and I gave them my statement but the whole thing got out of controll because the cop was asking these questions. My husband left,...

    Daniel’s Answer

    The investigator is correct, it is not up to you to press charges, the prosecutor makes that decision. Ordinarily a spouse does not have to testify against a defendant however there is an exception for domestic violence charges. Last year california add ed a rule that says that anyone who is alleged to be the victim of domestic violence who refuses to testify in court can be found in contempt of court, but they cannot be jailed for contempt. Punishment for refusing to testify can include an order that the witness attend a domestic violence program.

    You should contact a lawyer to discuss the best way to keep your husband out of jail.

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  • If you in jail for one thing is it legal to treat you biasly and impartial because they think you know something bout a homocide

    my daughter has been in jail since april. her house was busted without a signed search warrant by judge and the officer you initiated the affdavit. she has has 6 docket soundings and two new lawyers but only one bond hearing. She has been denied e...

    Daniel’s Answer

    Contact a few criminal defense attorneys. Many criminal defense lawyers will meet with you for free for an initial consultation. Some attorneys will take payments. Unfortunately, I suspect that you will have a hard time finding a lawyer who is willing to do it pro bono due to the complicated nature of the case. It sounds like there is a lot to this case, however you can try to find a lawyer who is willing to help. I hope everything works out for you and your daughter.

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  • Changing an Arraignment date

    Is there some way i can move my arraignment date for a misdemeanor closer?

    Daniel’s Answer

    It would be very unusual and you will probably run into resistance. Just as it has already been said, the prosecutor's office may not be ready because the prioritize the in custody cases over the out of custody cases.

    It would probably be more hassle than it is worth. If you will not be in town you can hire a lawyer who can appear for you on a misdemeanor. Good luck.

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  • I am facing an admin sep board due to a drug charge. This drug charge was the result of an illegal search and siezure can i sue

    The charge was for use and possesion of a controlled substance. I had not been in my apartment for several days and when I was there to walk the dogs while the ex gf was gon i was ordered to leave so the navy personnel could search my off base ci...

    Daniel’s Answer

    I was reluctant to answer this question because I am not going to be much help however everyone should know that military personnel are subject to a whole different set of laws. Even if you were able to overcome the state court ramifications you would still have to deal with the ruling of the court marshal or other military consequences.

    You really need to find a lawyer who is familiar with military law and specifically Title 32 of the Code of Federal Regulations.

    Good luck.

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