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Brian Joseph Lockwood
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Brian Lockwood’s Answers

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  • Does anyone know if a "CASE ACTION SUMMARY" & "DEPOSITION" are the same thing?

    Does anyone know if a "CASE ACTION SUMMARY" & "DEPOSITION" are the same thing? This is for a new job. In order for me to be hired on, I must first prove there are no convictions on my record (both charges have been "DISMISSED" &/or "NOLLE PROSSED"...

    Brian’s Answer

    A Case Action Summary and a Deposition are two very different things. The Case Action Summary is maintained by the court and shows what happened with the case. A Deposition is usually a term used to describe the affidavit of the complaining party which puts the case in motion.

    From what you are describing, it sounds like you need the Case Action Summary. I would also suggest you might want to get two copies, one for your records and one for your prospective employer. You may or may not need certified copies, in which the Clerk of Court certifies that they are true and correct copies. Ask your prospective employer.

    Finally, you may wish to consider getting the matter expunged from your record. An attorney can answer questions about that, but will need to gather more information than can be properly collected here.

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  • Hello! I was arrested for shoplifting(30 dol) in Walmart. What to expect from the court?

    Is needed an attorney for this case?

    Brian’s Answer

    Theft in the Third Degree, which is usually the actual charge, is a Class A misdemeanor. It can carry up to 1 year in jail, a $6,000 fine, or both. The maximum penalties can be less depending on which court your case is in. There are frequently issues in these cases which allow a person who is charged with this crime to avoid a conviction, i.e. being found guilty. Whether this type of resolution is possible is extremely fact specific. You should consult with an experienced attorney. There is really no way to give a complete answer without knowing a lot more about the case, which can only be properly explored during a consultation.

    I recommend scheduling an appointment to discuss your case with an experienced attorney.

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  • When can I seal my record of a misdemeanor 3rd degree charge in Alabama?

    Hello, I'm 15, live in Alabama, and I was convicted of shoplifting a pair of shoes valued at $95. Before this, I had a perfectly clean record until this past June ( I haven't even gotten in trouble at school). I got a paper in the mailbox from a l...

    Brian’s Answer

    If you are 15 years old, it is likely that your case was handled in a juvenile court. If that is the case, your record is already sealed. As to the $200, that is a separate matter from the shoplifting which is civil, not criminal, in nature.

    If you have any of the paperwork from the shoplifting case, look at the case number (usually in the upper right part of the paper.) If it starts with the letters "JU," your record is
    already sealed.

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  • How can Baldwin county ,Al persecute me or seek charges for receiving stolen property when the case is in mobile ,Al 5 yearsago

    Baldwin County is claiming an offense took place in mobile, al but there's no charges from mobile, al but Baldwin county al, is pursuing charges for receiving stolen property & theft of property 2nd degree felonies allegedly took place 5yrs ago in...

    Brian’s Answer

    Ordinarily, the guarantee of venue would prohibit Baldwin County from prosecuting an offense which allegedly occurred in Mobile County. With that being said, receiving stolen property generally can be prosecuted where the defendant who allegedly received this property is found in possession of the stolen property. My first thought, however, is whether you were arrested in Baldwin County for a Mobile County warrant?

    One way or the other, these are felony charges, which are by definition very serious. You will want to discuss these matters with an attorney, who can determine more about the facts of your case, and discuss possible defenses.

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  • Do misdemeanor warrants expire? If so after how many years??? (Asking for an old friend)

    An old friend is asking because something from her past has come back to haunt her

    Brian’s Answer

    A validly issued a warrant for a persons arrest never expires. However, in many instances, a judge may be willing to recall the warrant and resolve the matter. If you or someone you know has an active warrant, it is advisable to contact an attorney to discuss whether any relief may be possible.

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  • I got my first dui this month what should I do

    Bac was.18 I was upfront and polite with the officer I don't know what to do get all lawyer or please guilty

    Brian’s Answer

    As.others have opined, simply entering a guilty plea is a bad idea. You should talk with an attorney who is experienced with DUI law and who understands both the administrative and judicial procedures involved in defending a DUI charge. It seems that right now you are focused on the result of a test, i.e. 0.18 grams of alcohol per 210 liters of breath. Well, that is important evidence, but it's far from everything. When you consult with an attorney, be prepared to discuss what (if anything) you had been drinking, and for how long. Any medical issues you may have that have nothing to do with the DUI itself may be important. If you know why the officer stopped you, you should be prepared to discuss that as well. You should be prepared to walk your attorney through every stage of the evening from when you took your first drink until you were booked into jail.

    DUI seems pretty straightforward, but it is actually really, really complicated. In many cases, an attorney can provide you with a much better result than a straight guilty plea. Some cases, of course, will eventually require a guilty plea. So why retain an attorney if you plan to eventually plead guilty. First, your attorney can assist you in the plea negotiation process, which can save you a lot. Secondly, a DUI conviction is going to absolutely haunt you for years. Ask a friend with a DUI how much extra their auto insurance went up. As the weeks become months, which become year, I would think you'd want to know that every facet of your case was examined and that there simply was not anything that could be done before you pleaded guilty. On the other hand, imagine just pleading guilty and wondering, months later, if there was something you could have done.

    I recommend consulting with an attorney before making any final decisions.

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  • I got a dui ticket and wasn't arrested will it violate my probation.

    I am on probation in my county for malicious mischief and assault on a police officer, but I don't have to report for six months. Ten days before my court date to dismiss charges I was in a wreck and was issued a dui and I postponed my court due t...

    Brian’s Answer

    Mr. Mahaney, as usual, has provided an accurate and well thought out response. I would add that you will also want to consult an attorney in Mobile. The added problem you may face is if the Mobile courts discovery your probation. In that instance, the Mobile court may lean towards a stiffer penalty if you are convicted of the D.U.I. It is important to contact an attorney for your D.U.I., as you may not be facing the same penalties as others who were not on probation at the time of their offense.

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  • What are the possibilities of this charge being dropped? How could this affect me in the future?

    I was at a festival called hang out fest. When I was walking home coming out from the festival (there were a lot of lights and loud music all over the place) a golf cart full of cops drove past me and caught me off guard I reacted and said "get th...

    Brian’s Answer

    Welcome to Gulf Shores, Alabama. Disorderly conduct is a relatively minimal charge. Depending on your circumstances, there are several options to consider. Unfortunately, there is no "one size fits all" approach to this charge. I suggest you contact an attorney to discuss your case. You may find that there are helpful options which you will want to explore. It is definitely worth it to at least talk to a lawyer before deciding the best way to proceed.

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  • What is the Punishment for revocation of probation. Also got another charge of resisting arrest that night allegedly. first time

    I was drugged in a bar one night in 2012 and ended up leaving the bar with someone I didn't even know. I was driving there car and got pulled over. I was immediately taken to the E.R. where I was in ICU on life support and almost died. Originally ...

    Brian’s Answer

    If your probation is revoked, you will have to serve the sentence originally imposed by suspended. You seem to have some pretty good facts to argue to the judge to reduce the chances of jail time, although there is a distinct possibility of a jail sentence. Remember: every case is different. I would strongly recommend contacting an attorney to discuss the specific facts of your case.

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  • How does an MIP charge effect my record outside of the state of Alabama? Will employers be able to see this on my record in Ohio

    I recently went on spring break to Gulf Shores, Alabama. I was arrested for an MIP charge and have yet to pay the $500 bond. My court date isn't for another 3 months. This is my first offense and have never been in trouble with the law previously ...

    Brian’s Answer

    The answer is "it depends." Sometimes, a person between 18-20 can have their attorney appear for them in the municipal court under Ala.R.Crim.Pro. 9. Depending on a number of factors, you *might* qualify to be treated as a youthful offender, in which case the record would be sealed. I strongly recommend speaking with an attorney in Lower Alabama to determine what your best course of action might be. Remember, every case is different and there is no one piece of advice which I appropriate in all cases.

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