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John M. Kaman
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John Kaman’s Answers

15,419 total


  • Am I no longer afforded rights under search and seizure if under probation?

    I'm on probation and I notice in the terms of my probation, they can pretty much come in my house without notice? Does that mean I have no rights for searches and seizures and they don't need a warrant and they can do practically anything they wan...

    John’s Answer

    Often the terms and conditions of probation require that you submit to a search of your person, your house, your car and/or your possessions 24/7 with or without probable cause. No warrant is needed.

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  • Is it possible that with this man's extensive criminal history that he will only get 18 months outpatient for DUI 6?

    My ex got DUI#6 while on probation for DUI which he got just 7 months ago. He was on strict court supervision with a curfew, no alcohol consumption allowed, no driving as his license is permanently revoked in the State of Florida (after his 4th D...

    John’s Answer

    If he gets 18 months outpatient and no jail his PD has done a good job. 6 DUI convictions mean this person has a serious substance abuse problem.

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  • How do I get a full pardon? Or at least my firearms rights back??? Please!

    In 2005 I pled guilty to a federal "baby" felony. For smuggling. I am in the pet trade and I did a trade with someone in Brazil for some live tarantulas. He did not ship properly and lied about package contents. When I signed for the package I too...

    John’s Answer

    Pleading guilty to a felony is a felony conviction which will bar you from possessing or owning firearms for the rest of your life.

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  • How does this arrest affect my criminal history and record

    I was arrested for unlawful possession but have not been indicted and several months have passed, I am also a minor. I am wondering what ramifications this has on my ability to pass a background check for a new job, getting admissions into college...

    John’s Answer

    You can have your record sealed when you are 18. That will protect your information from employers but not necessarily colleges, universities or anything requiring a state license. Simple possession should not affect your gun rights.

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  • How to reduce criminal sentence of 226 years. Mistakes on charges, loss of evidence.

    How to correct an illegal sentence, that should be reduced to time served. Consecutive years etc. There were mistakes involved on charges,, Ineffective attorney, loss of evidence, no witnesses on your behalf. no change in venue. Juror was replaced...

    John’s Answer

    File an appeal within 60 days of the judgment. You can also ask the trial Court to recall the sentence (120 day deadline) but that is probably a waste of time. Appeal. A lawyer will be appointed to assist you.

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  • How will I know when my probation is actually over? Will there be a form I need to sign or does it just end?

    I was placed on basic probation 2 years ago for Domestic Violence and yesterday was the end date or "disposition date" of my probation. My probation officer has not contacted me, nor have I talked to her since August of last year, requesting permi...

    John’s Answer

    You're off probation. There is no graduation ceremony.

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  • Can I regain my right to bare arms in West Virginia? If so how do I do this?

    I am a convicted felon with multiple counts on my record. I have not been in any trouble for nearly 20 years and I want to regain my right to bare arms. I live in Wheeling West Virginia and I am not sure how to go about it. I understand how to wri...

    John’s Answer

    Felons are prohibited under federal law from ever owning or possessing a firearm or ammunition. That's a lifetime ban.

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  • Do i have to take drug treatment even if i was not court ordered nor do i have drug charges?

    i got out of prison in 2014 after five years for indecent liberties. two months after getting out i went to my sons high school football game on his birthday .i did get a felony for this and got 30 months probation ive done a year of that this far...

    John’s Answer

    You have to do what your probation officer wants. The alternative is going back into custody.

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  • I'm trying to pay off an old seatbelt ticket but I'm being told by the courthouse that I have to sign a criminal waiver.

    Good afternoon, Last year I got a ticket in Hot Springs, Arkansas for not wearing a seat belt. I ended up not going to court for the ticket and a warrant was issued for my arrest for missing court. As of now I'm finally able to pay off the tick...

    John’s Answer

    That is not what a criminal waiver does. If you want a nursing license and you have committed a disqualifying offense, the Department of Health can issue a criminal waiver which will allow you to get your license. Not wearing a seatbelt is not a disqualifying offense so I don't know why they want you to sign the waiver.

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  • It wouldn't be a violation would it ?doesn't probation starts after my release? How do approach this best?

    I was put on probation for theft of a candy bar its a felony because it was my 3rd theft. I just did 22 days of my 30 day sentence and I have to see my probation officer for the first time in a couple days..a friend told me I can be drug tested ev...

    John’s Answer

    See my previous answer.............................................................................................................................................

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