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Juan Garcia’s Answers

943 total


  • Criminal defense attorney that doesnt require a $3,000 retainer, legal aid wont help, my only option is payment plan

    I need a criminal defense attorney that will work with me with payments, I have $1000 to put down but everyone that i talk to wants around $3000. I just need some refrences to attorneys that will work with me.

    Juan’s Answer

    It would be a good idea to contact the local and state bar associations. These organizations can refer you to criminal defense lawyers who may accept payment plans. You also may consider looking online too. Good luck.

    Juan Garcia, Jr.

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  • Unsupervised probation. Does that mean i have to pay my probation officer every month?

    I was place on supervised probation. An i was to be put on unsupervised probation once all court cost where payed. An i was allowed to leave the state to move back to where iam from that was the plea agreement. To be able to move an be placed on u...

    Juan’s Answer

    You should review the terms of your sentence and probation closely. I would also advise that you contact your probation officer and ask about all of the questions you have regarding your probation. It's important that you very clear about your obligations while you are on probation. Good luck!

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  • Can probation be modifyed so someone would not have to go to halfway house after prison

    person in prison for theft. cs and d felonies

    Juan’s Answer

    More facts are needed to answer this question in detail. A defendant may file a petition for sentence modification requesting that the Court modify the terms of the sentence. The Court may take several factors into account in deciding whether to grant the sentence modification request, such as defendant's criminal history, defendant's conduct while incarcerated, etc. I would advise that the defendant contact an experienced criminal defense attorney regarding this issue of a possible sentence modification. Good luck!

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  • What does HD mean in terms of prison

    I have a friend who just got a sentance of 12 years in doc and 4 years of HD. I'm not sure what the legal term HD means. Any explanation of it would help. Thank you in advance

    Juan’s Answer

    The terms of the sentence mean 12 in the Department of Correction (DOC) and 4 years on Home Detention (HD).

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  • Can there be a VOP if during the booking process for ST the BAC results show alcohol present?

    During the booking process into jail (for a 6-week ST) a BAC test was performed which showed the inmate had consumed alcohol. Can a BAC test resulting from the booking process constitute a violation of probation when the defendant was no longer o...

    Juan’s Answer

    I agree with the two (2) previous answers. If the defendant is no longer on probation, there cannot be a probation violation in the situation you described.

    Juan C. Garcia, Jr.
    GARCIA LAW OFFICE, LLC
    www.juangarcialawoffice.com

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  • What is a diversion agreement when it comes to simple assault?

    I am requesting an apology for when my sister in law attacked me. Would I get that as part of the diversion agreement?

    Juan’s Answer

    It depends upon the prosecutor's office whether an apology would be a part of the diversion agreement. I would recommend that you speak to the prosecutor's office to make your thoughts on this issue known to the prosecutor. Good luck.

    Juan C. Garcia, Jr.
    GARCIA LAW OFFICE, LLC
    www.juangarcialawoffice.com

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  • Does my friend need a lawyer if so what kind?

    My friend is being accused of theft and attempted theft. he has a previous misdeamenor for driving while suspended. whats going to happen?

    Juan’s Answer

    Yes your friend needs an attorney. He is facing criminal charges. An experienced criminal defense lawyer can help him significantly in understanding his rights, reviewing the evidence, and defending the case. It's difficult to predict what will happen in the case without knowing more details. Good luck.

    Juan C. Garcia, Jr.
    GARCIA LAW OFFICE, LLC
    www.juangarcialawoffice.com

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  • How long can the courts wait to file criminal charges?

    theft charges

    Juan’s Answer

    The previous answer is correct in that the prosecutor files criminal charges, not the court. The statute of limitations for an offense to be charged depends on the nature of the alleged offense. The statute of limitations is different for felonies, misdemeanors, and murder charges. In your description, you don't mention what types of charges are possibly going to be filed.

    Juan C. Garcia, Jr.
    GARCIA LAW OFFICE, LLC
    www.juangarcialawoffice.com

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  • I am set for trial with a public defender if i hire a paid lawer does the judge have to give him time to prepare?

    i h

    Juan’s Answer

    It is within the judge's discretion whether to grant a continuance of the trial if you hire a private attorney. There are several factors that the court may consider. The court may consider how old the case is and other factors. That being said, the judge does NOT have to grant a continuance to give your private attorney additional time to prepare. Good luck.

    Juan C. Garcia, Jr.
    GARCIA LAW OFFICE, LLC
    www.juangarcialawoffice.com

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  • Can I sue my lawyer for bad advice?

    I have been going to court for almost a year on a felony that I did not commit.This is a first time offense I dont get in trouble and I am innocent.My lawyer told me after he continued this 5 times that I needed to accept a plea deal or it would g...

    Juan’s Answer

    You're clearly in a difficult situation. You may try to hire a new attorney to defend you in this case. If you do not have enough money to hire a new attorney or continue paying your current attorney, you can request that the court appoint a public defender to represent you in your case. You always have the option to defend yourself "pro se" as your own attorney, BUT that is usually a very bad idea. You can also try to have a long discussion with your current attorney regarding the situation and try to gain a better understanding as to why your attorney is taking his position that you should accept a plea bargain deal in your case. Good luck.

    Juan C. Garcia, Jr.
    GARCIA LAW OFFICE, LLC
    www.juangarcialawoffice.com

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