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Michael F. Morgan

Michael Morgan’s Answers

163 total


  • I have a possession of marijuana charge (under 40g). Would unwitting possession be a strong defense in my case?

    The marijuana was in the center console of my car. I didn't consent to a search but the K-9 allowed for my car to be impounded. I had two passengers in the car. I didn't admit anything to the officer. When I go to court, what would be the best met...

    Michael’s Answer

    I think you are providing too many details about your case in a public forum. To answer your last question first, it is unusual for the prosecutor to drop a charge based on an unwitting possession defense unless you were to take and then passed a polygraph test. In respect to your other question, credibility is a key component to the answer to this question and that is hard to judge without meeting someone. Are your passengers willing to fall on their sword for you or are they going to refuse to testify or are they going to implicate you? The fact is this is your car and the marijuana was in an area of the car you would have access to. Predicting what 12 people that you have never met will decide a case is asking a lot.

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  • No criminal record but arrested and fingerprinted 15 years ago in Washington State. What will show up if I take fingerprint?

    Hi, I have No criminal record but was arrested, fingerprinted and photographed for a shoplifting 15 years ago. I paid the fine 4 times higher than the original amount but it was under $600. My case was dismissed without charge/ prejudice. H...

    Michael’s Answer

    The background check for medical/healthcare licenses noramlly detect arrests. If you were on some sort of SOC or diversion program that resulted in a dismissal the arrest record may or may not be eligible to be deleted from your record depending on wether the only reason the case was dismissed was because of the fine

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  • Bail Question

    Recently I posted bail for a friend. His bail was $2000.00. I had to post $200.00 plus a $35.00 fee. My friend appeared in court and the case is finished. I called the bail bonds lady cause I thought at least I would get something back cause t...

    Michael’s Answer

    • Selected as best answer

    This sounds like a typical bond--you post 10% of the bond with the bonding company and security for 90% of the bond with the bonding company. The bonding company irrespective of the case results keeps the 10% plus any other fees otherwise they could not stay in business.

    An appearance bond or posting 100% of the surety bond with the court is the only way you can get all your money back.

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  • I am a victim. I did not press charges, but the state did. My relatives are saying that if I write a letter the state will

    probably drop the charges. Is this true. They are pressuring me. The charges are Burglary 1, Assault 1,2,3, stopping me from calling police, aids enhancment. They have previous records. Do you think the state would consider a letter? I don't want ...

    Michael’s Answer

    I don't practice in Okanagan but after 14 hours sinceposting your question I suspect you are anxious for a response. The theory is that victims/alleged victims often recant sometimes under pressure from the perpetrator. Consequently, the fact a victim wants to drop charges is normally not a basis to drop charges

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  • I got a theft 3 misdemeanor 2 years ago. Will that affect my chances of getting an apartment?

    Any way to get it off my record if so?

    Michael’s Answer

    That conviction could definitely reduce your chances of getting an apartment. If you go to my avvo guides on my profile page you can get detailed information on vacating and expunging convictions.

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  • Am I entitled to some sort of compensation?

    In Janurary of 2011, I received a res. DOSA sentence. In May of 2012, it was revoked and I was sentenced to 15 mos.. With time served, I should have been released on the spot, but instead, I was held in county for 2 weeks, then sent to prison. My ...

    Michael’s Answer

    In these situations, some jursidictions have a mechanism to compensate defendants and there are some civil attorneys that do handle these types of claims,

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  • Earlier this week I got charged for a D.U.I. should I get an alcohol assessment and U.A. before my arraignment?

    Being that my legal case is still so new neither my police report nor court case have been filed with the city. I have not met with any attorneys yet so if I were to go and get an alcohol assessment and U.A. on my own in order to prove that I was ...

    Michael’s Answer

    Thre are certian hair follicle tests that can ceck for drug and alcohol consumption for 3 months. Certain UA test go back a few days so the answer to one part of your question depends a lot on when you were subject to a traffic stop.

    I think getting an alcohol assessment can be a good idea but I think having a free inital consultation with a lawyer--which many lawyers provide--can help determine whether that is the right approach for your case and which treatment provider is the best to adress the issues.

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  • Should i file motion to dismiss? i never waived right to speedy trial. How do i do this I dismissed council?

    i was cited for a dwls 3rd on 3/20. today was scheduled trial date 7/16... they assigned me an attorney that refused to help me and said i would have to do everything myself. judge allowed me to dismiss him but will not provide anouther attorn...

    Michael’s Answer

    Although the term "time for trial" and the term "speedy trial" are terms often used interchangably, the terms are not interchangable. You have a Constitutional right to a speedy trial--but the Constitution does not specifically set forth a number of days after a charge is filed that a case must be brought to trial. You have a statutory right to a trial (a time for trial) within 90 days of your arraignment (if you are out of custody) absent unavoidable or unforseen circumstances or good cause. If the officer is unavailable for trial and has a good reason for being unavailability and is a material witness then that is normally good cause to continue a case especially if this does not prejudice your ability to present a defense.

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  • Can getting arrested 2 times affect my application to receive the Deffered Action?

    first time i got arrested was because of a group of friends and "tagging" i got arrested and 4 hours later released... second time was a year latter i got arrested for theft of a phone got send to public court and i got fined and did community ...

    Michael’s Answer

    A "deffered action" could apply to a traffic ticket in which what you described should have no effect or a misdemeanor adjudication in which what you described could have an effect.

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  • Can my boyfriend of a year sue me for breaking his things after finding out he was cheating?

    My boyfriend left his laptop un password protected in his home. He left me the house keys and went on holiday. I opened the computer and his email was open. On reading, I found out he was cheating on me with his ex and had been for a while. I was...

    Michael’s Answer

    It is not a legal defense to a charge that your boyfriend was unfaithful. Also, the facts of your case are such that I would not discuss them on the internet.

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