I was arrested for my 2nd DUI offense in March, my BAC was a .09. I haven't been convicted yet, but my next court date is in October. I blew a violation in my interlock and violated my bond agreement on July 4th. I have a Court for this violation...
You cannot get a probation violation because you are not on probation. However, the state's remedy is to attempt to violate your bail which would result in incarceration. First, check to see if it is a condition of bail for what you described. If the only condition is to install the device, it is not a violation. If it is to not consume alcohol and the machine was accurate your bail could be violated. The true consequence is this, you had a defendable DUI case which you likely may have won. However, with the threat of incarceration till your trial, you cannot effectively take the case to trial. If you did you would have to wait close to year in jail. You need to immediately hire a qualified criminal lawyer in the area. You must reach your best agreement on your court date. If you plead, then there will be no violation. If you can't agree on a plea, don't give up, fight the violation show you are a responsible person and will be able to not drink, especially not drink and drive. Never give up, never accept what the state wants if you can't reach a deal. Your error is costly, it may prevent fighting a winnable case but you can still reach an agreement and avoid revocation.See question
Got in a car wreck, blood was tested for medical use only, can my records be subpoenaed without my consent or opportunity to object?
Yes your records can be subpoenaed although some defenses to how the records are obtained would exist. In my practice we obtain the records immediately so that we know what the possibilities are. Very often the records are only obtained by the State when injuries to others occur but that is not a required prerequisite. Get the records, know the danger handle the risks accordingly. You would have an opportunity to object their use before introduction into court but the state would likely already know the results.See question
I have not been to Court yet for my DUI I did have an arraignment can I still drink if I obviously don't drive and obey the laws? And I am not on probation yet.
Carefully check your bail conditions which you would have recieved when you were released from jail. the only restrictions would be contained in this document. Absent there being bail conditions, nothing would prevent the use of alcohol.See question
I was riding my motorcycle an I stand up on my pegs and do a Jesus pose and the cop give my a reckless driving so I want to know what I can get I'm on the military so I don't want to go to jail
You would have a great chance of avoiding a conviction if the case is defended. As a practical matter on a rather minor offense, financial practicality points to hiring a local attorney in the area to have a reasonable approach to the charge.See question
My friend was just approved for probation and went to his first meeting to sign paper work and stuff. He also just found out that he has a warrant in another state for a small misdameanor. The state has told him they will not extradite him for it....
Mr. Hutton is correct in stating the little known law that allows a probation violation for acts before probation begins although it is seldom used. If they were not aware of the existing warrant that alone might negate an attempt to have a judge violate the probation. A more likely cause of a probation violation could be not turning themselves into the other state after they were aware of the existence of the outstanding warrant.See question
Son stole iPad and pawned it
THERE IS NO WAY TO ACCURATLEY ANSWER YOU QUESTION. THE TYPE OF THEFT MATTERS. I RECENTLY HANDLED A CASE OF THEFT OVER 500 REALTED TO A CHURCH BURGLARY. THE STATE WAS VERY ACTIVE IN THAT PROSECUTION AND JAI L TIME WAS A VERY SERIOUS OPTION. PRIOR TO JULY 1 OF THIS YEAR THAT CHARGE WAS A FELONY WHICH WOULD ALSO INCREASE THE SERIOUSNESS. PRIOR FELONY CONVICTIONS WOULD ALSO MAKE THE CHARGE MORE DIFFICUTL AND HENCE MORE EXPENSIVE. IN SHORT, THERE ARE TO MANY VARIBLES TO ANSWER THIS ACCURATELY.See question
Yes this is this persons first conviction. How do they not have to do some type of program, community service, probation...ect?
I DON'T SEE THE ANSWER AS DIFFICULT AS OTHERS MIGHT. HOW IS IT POSSIBLE? THERE ARE A NUMBER OF WAYS. FIRST, MONEY ALWAYS, ALWAYS MATTERS. IF THE CHARGE AND EVIDENCE LEAVE SOME QUESTIONS OF YOUR CRIMINAL RESPONSIBILTY AND THERE IS AN OPTION TO PAY THE FUNDS THE GOVERNMENT ALLEGES WERE EMBEZZELED, PRIOR TO PAYING THE MONEY AN AGREEMENT IS OFTEN REACHED TO DISMISS THE CHARGES. HOW IS IT POSSIBLE, WITH WEAK PROOF OR AN ABILITY TO SHOW IT WAS A REASONABLY DISPUTED PAYMENT, DISMISSAL IS POSSIBLE. ONE WAY THAT MAY OR MAY NOT MEET YOUR DEFINITION OF "DROPPED" COMPLETELY WOULD A JUDICIAL DIVERSION. WHILE THERE IS AN INITIAL GUILTY PLEA THERE WOULD BE NO CONVICTION AND THE CHARGE COULD BE COMPLETLY DISMISSED UPON MEETING ALL REQUIREMENTS. WHILE IT IS TRUE THAT THE ANSWER IS DIFFICULT, THE ABOVE ARE EXAMPLES ARE WAYS A FELONY EMBEZZLEMENT CAN BE "DROPPED COMPLETLEY". GOOD LUCK, GET A GOOD LAWYERSee question
My ex has her child for the summer and has been filling her head with a lot. Now she is telling her that I abused her during our relationship and that I abuse my current girlfriend. I never did any of those things. In fact, she got arrested for do...
Having handled many criminal sexual abuse allegations it is important to not make mistakes that could support a criminal charge as a result of the allegations. Be very careful not to respond to the allegations to the ex-wife, text responses, social media responses can all be sued against you. If there are ANY calls from DCS or law enforcement you need a criminal attorney before any response or even returned phone call is made.See question
i didn't exit the store , didn't have any merchandise concealed , explained my situation and offered to pay for the merchandise 3 or 4 times . , then was taken to jail and not given a phone call for 4 hours , was not told of the procedure aft...
Your question is much more complicated than it seems. The most likely scenario you need to address is what the store employees did. It is likely, though not assured, that any recovery you are entitled is from the action of the store employees.
But I might read your question to address how to defend your case against the criminal charges. First and most importantly, you don't have to prove anything. The government must prove that you committed a crime, the government has the burden of proof and must present evidence to prove your guilt beyond a reasonable doubt. More people need to fight back against the police for accepting the flimsy statements of proof from the corporate security folks that someone actually committed a crime and do an actual investigation before a person is arrested.
Fight back against the charges and against the corporate security folks if they laid hands on you without good cause.See question
This is in Kentucky by the way . I have 4 witnesses on my behalf , pictures to prove where I was , people to testify where I was and documentation to prove as well . The prosecution has a state trooper that don't know what or who he saw and ha...
While I am not licensed to practice in Kentucky, your question is frequently asked in my home state. I practice in Lebanon, Tennessee.
It is helpful to understand that in civil law most states and the federal court system frequently employ the use of a summary judgment motion. This motion allows either side to put forth their evidence and allege that there are no genuine issues of material facts in this case and therefore there side should be declared the winner, if the other side does not put forth facts to contest their position. In criminal law, there is no such counter part in law. The State cannot contend that they should win without a trial as you have a constitutional right to the same. Conversely you cannot allege prior to trial that the state doesn't have sufficient proof to put you to trial to find out what a jury would say. Generally, the issue of whether there is sufficient proof is resolved by the Grand Jury issuing a true bill, or an indictment. In criminal law this is the determination that there is sufficient proof to send a case to trial in most states and the Federal system. In states without a grand jury system, the prosecutor issues an information, and he (your adversary) determines if there is sufficient proof to carry the case to trial. For this reason, a Grand Jury is one of the most important tools to safe guard citizens from an abusive government, as it can take the decision to put a citizen to trial, away from the government and leave it in the hands of the citizens who make up the Grand Jury.
In short, your answer is to demand a trial sooner, rather than later, if you truly want the case to be at an end. As an aside, although horribly overworked and understaffed, public defenders are real lawyers with your best interest at heart.See question