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Is there a mandatory term of imprisonment for a first time DUI that results in the death of a passenger?
Ian's answer
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Answered on January 07, 2014
There is no mandatory term of imprisonment for a person with no prior record. Generally, however, prosecutors do seek jail time in DUI cases...
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What is the legal point of arrest ? I mean at what point are you under arrest legally ? and can I get the transcripts of police
Ian's answer
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Answered on January 07, 2014
Legally a person is under arrest when he "has been deprived of his freedom of action in any significant way--or is so led to believe." This does...
Archived
In a criminal trial, if you are a witness is it legal if a sheriff show up at your door before court to ask what you plan to say
Ian's answer
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Answered on January 07, 2014
Where I practice, in New York, it is legal for an investigator (police/sheriff/prosecutor's office) to interview potential witnesses for an...
19 year old son in jail for armed robbery
Ian's answer
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Answered on January 07, 2014
Your son is facing a class "C" violent felony, robbery in the second degree. It is a very serious charge that carries a minimum sentence of 3 1/2...
Archived
After pleading guilty can I withdraw my plea due to constitutional violations?
Ian's answer
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Answered on January 07, 2014
You are legally allowed to withdraw your plea before sentence is imposed but only if the Court allows. To do this your attorney needs to make a...
Archived
Out of a 2 1/2 year sentence what percentage of time has to be done for a non violent second time offender?
Ian's answer
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Answered on January 07, 2014
You are eligible for release after serving 6/7ths of your sentence.
Archived
Is a public defender as good as a private lawyer for a drug misdemeanor charge?
Ian's answer
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Answered on January 07, 2014
As a former prosecutor who worked in a courtroom everyday with public defenders I can tell you that they generally are extremely competent and...
Archived
I was arrested and charged with possession of marijuana(violation) and ambien(misdemeanor). What am I facing?
Ian's answer
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Answered on January 07, 2014
You will need an attorney but you should be fine. If you cannot afford one the Court may appoint one for you. If the Court will not appoint an...
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