Expert Advice When You Need It Most

Kenneth Joseph David's Answers

Kenneth Joseph David
Criminal Defense Attorney.
Contributor Level 5

3

Attorney answers:

  1. Lawrence Neil Rogak
  2. Kenneth Joseph David
  3. Patrick J. Mclain

CHILD SUPPORT (ORDER OF FILIATION UPON DEFAULT)

Asked by a user in Cortland, NY - over 4 years ago.

Normally, your husband should have had an opportunity to respond to this allegation. If he didn't get properly served with the petition, then the state shouldn't have taken his money without due process. Also if the state child support enforcement agency (usually they are miserable worms) did this while he was in Iraq, that is not legal process under the Servicemembers' Civil Relief Act (SCRA), formerly the Soldiers and Sailors Civil Relief Act. All states deal with paternity questions a bit...

1 person marked this answer as helpful

2

Attorney answers:

  1. Kenneth Joseph David
  2. Alec Scott Rose

Self-defense

Asked by a user in Nashville, TN - over 3 years ago.

The answer you seek is dependent on the state law in which the offense occurred. So, in what state did the alleged offense occur? Also, if it's your first offense and there's some mitigating circumstances, you could very well get probation. In Florida, I recently defended a woman in accused of burglary with an assault that was punishable by life in prison. I negotiated a plea deal in which she got two misdemeanors with the adjudication withheld. It was a great deal. Your attorney may be...