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Lennard Anthony Nahajski
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Lennard Nahajski’s Answers

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  • Can you be charged with 3rd degree driving with a suspended license if you are not pulled over?

    my son received a ticket and summons in the mail to report for court on the charge of driving with a suspended license in the 3rd degree. The infraction time states 10:50am at a convenience store. However, he was at work having a cigarette at that...

    Lennard’s Answer

    Whether he was pulled over or not is less significant than whether the state can prove he was driving at a a certain location at a certain time. Certainly it is more typical to have a traditional traffic stop, and the identity of the driver will always be a question without a traditional traffic stop. Your son should consult with, and retain, an experienced criminal defense attorney right away.

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  • If you take your plea bargain back ..does all the time you've done go out the window ? And not count?

    First time offender , took deal and wants to do something to get out sooner! Because he got to much time for never being in trouble before.

    Lennard’s Answer

    It is extremely difficult to withdraw a guilty plea. If the court granted a first time offender waiver, then the sentence could not have exceeded 90 days, and most counties reduce the sentence by one third as good-time. If he chooses to withdraw the plea, he will still get credit for the time he served, but I expect withdrawing the plea with big be difficult and unwise. He needs to discuss the issue with his attorney, who will be far better prepared to advise him. By the time he files a motion to withdraw the plea, he will have likely served most of his time anyway.

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  • I'm being charged w/ display weapon (accused of flashing it, not aiming it at anyone) .My motion to dismiss was denied.

    I am representing myself. I have not hired an attorney because I can't afford one (considering public defender), I Filed a motion to dismiss which was denied. Today I received discovery (even though last appearance, the judge told the prosecutor t...

    Lennard’s Answer

    It is not surprising that your motion to dismiss was denied, since you didn't even have the benefit of a police report to support your motion. There are NO other viable options for you other than being represented by an attorney. In the meantime, stop discussing the case with the court or the prosecutor as you are likely compromising your defense by doing so.

    Whether you can ask for financial help from your family or apply for a public defender, you need an attorney, especially considering the potential of jail time, fines and a permanent criminal record. If you start consulting with experienced criminal defense attorneys, you may be surprised that you may be able to arrange a payment plan or pay by credit card. Start making calls this weekend, but if retaining a private attorney in not possible, get screen for a public defender next week.

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  • How does my friend keep himself off the sex offender registry for a bogus accusation?

    My friend's ex wife pushed and coached her daughter to lie about him touching her inappropriately. Her daughter has since admitted that it was a lie but the damage has been done. how does he avoid being put on the sex offender registry?

    Lennard’s Answer

    The best, and only advice at this point, is to retain an attorney with extensive experience with sex offenses. As mentioned previously, if he is not convicted he won't have to register. The effort is necessary to retain the most experienced criminal defense attorney he can to challenge the apparently false allegations.

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  • Is is possible to get time knocked off sentence after taking plea deal ? (Even if it's after the 1 year deadline

    My brother is a 1st time violent offender & caught a case over a house party fight! Literally right after he turned 18! Something's gotta be done! There's far more worse crimes that people commit that have got less time than him!

    Lennard’s Answer

    Your brother's opportunities to challenged the plea deal he accepted a year ago are practically zero. What might have been able to have been done, should have been done a year ago before he plead guilty. There are ways to collaterally attack a conviction up to twelve months later, but those options are significantly limited after he agreed to plead guilty. Even if you believe there was a miscarriage of justice, that will be up to your brother to pursue

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  • Is is possible to get time knocked off sentence after taking plea deal ? But after 1 year deadline without taking deal back?

    My brother is a 1st time violent offender & caught a case over a house party fight! Literally right after he turned 18! Something's gotta be done! There's far more worse crimes that people commit that have got less time than him!

    Lennard’s Answer

    Your brother's opportunities to challenged the plea deal he accepted a year ago are practically zero. What might have been able to have been done, should have been done a year ago before he plead guilty. There are ways to collaterally attack a conviction up to twelve months later, but those options are significantly limited after he agreed to plead guilty. Even if you believe there was a miscarriage of justice, that will be up to your brother to pursue

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  • No contact order dropped

    My boyfriend was convicted and charged with felony domestic violence, he has been going to treatment and wants to change his ways. I've been told that the no contact order most likely won't be dropped which I think is unfair, shouldn't I make the...

    Lennard’s Answer

    Be careful, since any contact you are having with him is a violation of probation and another criminal charge. The best course of action, in my experience, is to have your boyfriend retain an attorney who is prepared to return to court and insist that the no contact order be lifted. Your agreement will this request will be essential, as will his perfect compliance with the terms of his sentence. The judge will consider the length of time the no contact provision has been in effect, his past criminal history and the likelihood of re-offense.

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  • How much jail time will I get for not completing 40 hours community service on time if the judge wont grant me an extension?

    I was under the impression I had until my probation was up in Sept, but my probation officer called me on July 13th and said I breached probation because it was actually June 30th. I've now filed a request for an extension (July 14th) and explaine...

    Lennard’s Answer

    This question is best asked to your attorney. In the meantime, take time off work and work full-time getting the hours completed. If you make completing the hours a priority, you should be able to get the hours completed within a couple of weeks. It would be hard for a judge to justify imposing any jail time if you have completed the hours. On the other hand, any uncompleted community service hours are typically concerted back to jail time, with the possibility of an additional sanction for failure to comply.

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  • How do I handle a MIP that was pinned on me by another person? Can I defend myself on this case?

    On July 4th me and a group of co worker were going to the beach, traveling in 2 cars. My car had one other person in it, about half way to the beach I was pulled over for tailgating (by trying to let a cop pass and he forced me to tailgate) my fri...

    Lennard’s Answer

    It is imperative you consult with, and a retain, and experienced criminal defense attorney immediately. Even if your friend accepts responsibility, it does not necessarily mean that the prosecutor will dismiss your case. The charge carries up to 90 days in jail and a $1,000 fine, in addition to being a crime that would remain on your record if convicted and possibly prevent you from obtaining student loans.. Further, depending on your age, you could lose your drivers license and also be ordered into drug treatment.

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