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James Regan

James Regan’s Answers

4,884 total

  • If I got arrested at 17 for simple battery can I own a gun or go by one

    This is the only trouble I have been in I am 26 now the when I went to court they charged me with nothing I had three months probation community service and angery management

    James’s Answer

    There is no confidentiality online. If charged with a crime, the accused is presumed innocent until proven guilty beyond reasonable doubt.

    Best person to ask is your attorney. If you cannot find your attorney, or find a local attorney on Avvo, a good place to look is the website for the National Association of Criminal Defense Lawyers (
    NACDL local members: (
    NACDL Local affiliates: (

    18 USC § 922(g) & (n). Punishable by up to 10 years imprisonment. Possible minimum sentence of 15 years without parole if offender has three or more prior convictions for a felony crime of violence (e.g. burglary, robbery, assault, possession of offensive weapons) and/or drug trafficking felony.

    A. Possession or receipt of a firearm or ammunition;

    B. By a subject who falls within one of the following categories: Felons; Addicts; Aliens; Subjects to a domestic restraining order; Prior conviction for domestic assault; Fugitive from justice; or Dishonorably discharged from the military;

    C. The firearm or ammunition was transported across a state line at any time.

    There may also be state considerations: (I make no representations about the site's accuracy or currentness; you should double check on your state legislature website or local law library.) Another helpful site:

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  • Attempted second degree murder element, help??

    One of the elements of SECOND DEGREE ATTEMPTED MURDER state it was an "act" that could have caused death unless someone prevented it. What is an example of someone "preventing" it according to the courts in your experience?

    James’s Answer

    • Selected as best answer

    It would be great to be able to read the police report on this incident. Does this case arise in Palm Beach or Martin County? What kind of weapon was used? More details would help answer the question more fully.

    In my experience trying murder and attempted murders as both a prosecutor and defense attorney, attempted murder cases are overcharged- they should be charged as aggravated assault or aggravated battery. An act of prevention could be another person pushing a gun out of the way; another could be a gun jamming; a third could be medical intervention.

    Here is the full jury instruction:

    §§ 782.04(2) and 777.04, Fla.Stat.

    To prove the crime of Attempted Second Degree Murder, the State must prove the following two elements beyond a reasonable doubt:

    1. (Defendant) intentionally committed an act which would have resulted in the death of (victim) except that someone prevented (defendant) from killing (victim) or [he] [she] failed to do so.

    2. The act was imminently dangerous to another and demonstrating a depraved mind without regard for human life.

    An "act" includes a series of related actions arising from and performed pursuant to a single design or purpose.

    An act is "imminently dangerous to another and demonstrating a depraved mind" if it is an act or series of acts that:

    1. a person of ordinary judgment would know is reasonably certain to kill or do serious bodily injury to another, and

    2. is done from ill will, hatred, spite, or an evil intent, and

    3. is of such a nature that the act itself indicates an indifference to human life.

    In order to convict of Attempted Second Degree Murder, it is not necessary for the State to prove the defendant had an intent to cause death.

    It is not an attempt to commit second degree murder if the defendant abandoned the attempt to commit the offense or otherwise prevented its commission under circumstances indicating a complete and voluntary renunciation of [his] [her] criminal purpose.

    Fight it by getting an attorney. The accused presumed innocent until proven guilty beyond all reasonable doubt.
    Go to Trial: Crash the Justice System:
    Not contemplated by the Framers! The Devil’s Bargain: "95 percent are resolved by plea bargains." #cjreform

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  • Aggravated Domestic Class 2 Felony

    If someone is charged with Aggravated Domestic in a county that has a no-drop rule because he allegedly choked and punched his girlfriend and the girlfriend brings a notarize letter in court saying that the defendant didn't choke her but did hit h...

    James’s Answer

    If a letter is not evidence and it is presented in a 'no-drop' county to no avail, then you should consider hiring a local attorney to fight the charges.

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  • How does Virginia recognize murder when it occurs in a crime

    does it matter what type of crime?

    James’s Answer

    In Florida, if someone dies during the commission of a misdemeanor, the crime is considered misdemeanor manslaughter.

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  • My boyfriend was charged with two counts of battery. One for choking and for sexual assault. How long would he be sentenced?

    I know my boyfriend is innocent. He is charged with battery of strangulation and battery and sexual assault. If he put a woman into a reverse choke hold to get him out of his house would that still be consider battery? Also he was found guilt on t...

    James’s Answer

    You should talk to his trial attorney. Was a motion for new trial filed within 10 days of the verdict?

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  • How can I! Being an "INNOCENT" person get back to being innocent after being imprisoned 10 yrs, out for 7 yrs, get off tier 3.

    In 1997 I was charged as a juvenile held detained, released as an adult, in 1998 I was charged again as an adult with two sets of charges being the same, except for the days the crime was committed on, for attempted rape on my 8 year old niece! I ...

    James’s Answer

    If a crime is committed on two different dates, it is the same crime in name only. It would not be double jeopardy. You should consider starting with a new attorney in your area to review your case.

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  • Can assault of female be exspunged in NC?

    I got charged and found guilty in 2002 of assault on a female and I want to have it expunged, is that possible?

    James’s Answer

    Seek post-conviction relief as Mr. Fay prescribes.

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  • Does the Slayers Act apply to a person who has not admitted guilt and took a nolo contendere plea?

    This is a third degree murder case.

    James’s Answer

    The slayer rule, in the common law of inheritance, is a doctrine that prohibits inheritance by a person who murders someone from whom he or she stands to inherit (e.g., a murderer does not inherit from parents he or she killed). In calculating inheritance of the decedent's estate, the effect of the slayer rule was that the slayer would be treated as though he or she had predeceased the person who had been murdered, therefore his or her share of the estate would pass to his or her issue.

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  • How long should a victim of a reported assault expect to wait for a return phone call from a detective?

    After having been brutally assaulted in an Upscale Hotel Bar, while waiting for his wife to finish her shift, in an unprovoked, witnessed attack by a drunken patron, my son in law is unable to receive a return phone call from the detective suppose...

    James’s Answer

    Here is the link for MA Victim Rights Resources: The Aftermath of Crime Guidebook: Your son-in-law may also want to contact a personal injury attorney.

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  • Is it not a felony to commit a felony with a concealed weapons permit? (Also loaded in the concealed weapon, were hollow pts.)

    The charges against the defendant do not include the one I've asked. I'm unable to get any answers even after almost 2 yrs. Yes, this case is active. I am the victim & am UNABLE to find a attorney to either help or even refer me to anyone eles....

    James’s Answer

    Work with the victim advocate at Pierce County Prosecutor Mark Lindquist's office. Here is the website for the victim help page:

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