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Victor Wallace Carmody Jr.
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Victor Carmody’s Answers

392 total


  • Will a new attorney help

    My brother was convicted to six years in prison about ten years ago for noted murder! It was really self defense! The next day after he was convicted he was set free! It was supposed to be expunged from his record they told him back then! Well in ...

    Victor’s Answer

    An arrest in Mississippi causes arrest records to be generated locally with the arresting agency,The Mississippi Crime Information Center,and The National Crime Information center. These records remain forever unless you hire a Criminal Defense Attorney with knowledge and success in this area of the law. Here your brother is the victim of incomplete work by his first attorney which caused a longer prison term for this current offense. An Attorney could possibly file to re-open the case to correct the sentence based on bad pre-sentence information. Good Luck!

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  • I was arrested for felony drug charges about 2 yrs back in Mississippi.

    I was never prosecuted as i was at my friends place when cops where inside my home without arrest warrant( landlord ) let them in. Anyways i was seeking advice on how do I get my arrest record sealed or what happens to it. Will it harm me in futu...

    Victor’s Answer

    When you are arrested ,you have arrest records with the local law enforcement agency,the Mississippi Crime Information Center,and The National Crime Information Center.These records will always be there for background background checks,unless and until,you hire a Criminal Defense Lawyer with experience AND success in expunging these records with all these agencies. In further answer to your question,a records check showing arrests will ALWAYS harm you in job searches,loans,and travel. Good luck!

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  • I was arrested for felony drug charges about 2 yrs back in Mississippi.

    I was never prosecuted as i was at my friends place when cops where inside my home without arrest warrant( landlord ) let them in. Anyways i was seeking advice on how do I get my arrest record sealed or what happens to it. Will it harm me in futu...

    Victor’s Answer

    When you are arrested ,you have arrest records with the local law enforcement agency,the Mississippi Crime Information Center,and The National Crime Information Center.These records will always be there for background background checks,unless and until,you hire a Criminal Defense Lawyer with experience AND success in expunging these records with all these agencies. In further answer to your question,a records check showing arrests will ALWAYS harm you in job searches,loans,and travel. Good luck!

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  • Will an arrest show up on my background check?

    I was arrested several years ago for embezzlement. I did not do it! The attorney that I hired was awful did not do her job, didn't even show up to court. The discovery she requested was a statement and that is it. The store threw out a random numb...

    Victor’s Answer

    When you are arrested ,you have a local record with the law enforcement agency who arrested you,a record with the Mississippi Crime Information Center(MCIC),and the National Crime Information Center(NCIC).This record will have fingerprints,photographs,arrest reports,witness statements,and probably other law enforcement related information. Mere expungement with the local courts does nothing to seal your records with these other law enforcement agencies.My advice would be to hire a Criminal Defense Lawyer who has successfully handled this type of matter and let the Lawyer handle this matter. Absent this approach,your record will always be used to limit your job opportunities. good Luck

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  • How long does the grand jury have to indict a person who has bonded out of jail

    I was arrested on november the 18 of 2011 for a felony charge of aggravated assuilt and went to court on november 23 i think it was the day before thanksgiving and the judge gave me a bond of 10,000.00 and i had to have 1,000.00 dollars to bond ou...

    Victor’s Answer

    After your arrest,your first court date would be for arraignment,a legal proceeding to read your charges to you in open court,and to enter your plea of not guilty.In addition your bond for release from jail was set,and you did get out of jail. Now you are waiting action by the Grand Jury.Your return date to court in March was set to allow the D.A.'s office time to present your case to the Grand Jury and you should find out about the indictment when you appear in court. You should hire a Criminal Defense Attorney ASAP to deal with the other questions you have about your case.The State of Mississippi's officer's are putting their case together to try you for a Felony,with prison time,and you need an Attorney working on your side! Good Luck!

    Victor Carmody

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  • Lawyer shows inactive on state bar list supposed to be representing my son what should we do

    lawyer accepted fee did not show up for initial probation removal hearing, son was without counsel , went to jail , came up for parole months later , board said paper work late and overlooked so did not get hearing ,until i called and was told s...

    Victor’s Answer

    Apparently you have contacted the Mississippi State Bar Association to inquire about your son's Attorney.Our Bar Association has several in-house sections which deal with situations such as this,most deal with the Attorney for you,and at no expense to you.Please call the Bar Association again and ask to be connected to Fee dispute Resolution,Attorney Complaints,Un-Authorized Practice of Law,or for general information.The Mississippi Bar Association is there to act as a go-between when members of the public have problems with their Attorney. In the short term,however you need a new Attorney. Good Luck!

    Victor Carmody

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  • I have a 1991 dwi arrest in Asheville NC I am trying to resolve. First offense on an Alabama license. $81.25 mo sent as asked.

    The 81.25 was toward bench warrant and I was told that was all. I have 7 weeks paid vacation, a treated disability, a need to drive and $1000. No problems in 12 years.

    Victor’s Answer

    If you were represented by a North Carolina Attorney on the N.C. dui ,then you best bet would be to contact that Attorney for a resolution.It appears from your question that you also are making payments on a fine in Alabama for another dui ,and perhaps both of these circumstances are preventing you from obtaining a clearance on the state records where you are licensed. No license will be issued to you in any state until you recieve a letter of clearance from the state in which you were last licensed,and that may depend on both a resolution of both thr N.C. dui and full payment of the fine in Alabama.Contact the state where you had your last valid license and ask what you must do to obtain a valid license. Good Luck!

    Victor Carmody

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  • I would what is the possible chances in a case of three felonies charges??? This my boyfriend 1st violation?

    He was charged with 2 fire arm with in the reach of an convicted an marijuana. What is his changes. Is it jail time for him or could he get house arrest?

    Victor’s Answer

    I need more information to answer your question.Did you mean your boyfriend was a convicted felon and had a firearms possession? Marijuana possession could be either a misdemeanor or a felony based upon the amount possessed.Any convicted felon,however who possesses a firearm in Mississippi will be prosecuted and jailed.

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  • Is it uncommon for officers to lie on reports and to the judge in court? And whats your take on the situation?

    Such as FST, reports, and testimony in court/trial.

    Victor’s Answer

    Your question seems to be aimed at criminal defense,but your question about FST's(Field Sobriety Tests) seems to be about a DUI issue. If this is your question,then the answer is that SFT's are very subjective.That means that the arresting officer is not held to a very measured evaluation in field sobriety testing,and that means that he is liable to report things the way he sees them.For instance on the HGN(eye test) how much did the eyes jerk? On the WAT(walk and turn)did he step off the line?On the OLS(one leg stand) did you drop your foot.Too often the arresting officer puts on his DUI glasses in a dui stop and everything he sees is a dui.Get a good DUI Lawyer and fight the case!

    From a Former Police Lieutenant and DUI Lawyer with 32 years experience!

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  • What r the chances of my boyfriend being violated for his first time being arrested for a new charge?

    Hr was arrested on a sale charge 1500 ft from a church..they say they have audio from an informant but no video. How can they say it was him n where it took place? It's a lot of discrepancies in the case n its false info. His po is not going to vi...

    Victor’s Answer

    There is a great difference between the amount of evidence needed to arrest someone and the evidence to convict that person.All the arresting officer has to show the court is mere probable cause(a low standard) to arrest,and proof beyond a reasonable doubt(a very high standard) to convict.Your friend's probation officer will get the arrest report and share this arrest information with the Judge on the revocation,and the Judge will have at least two important choices 1.to revoke the probation,and send your friend to jail,or 2.wait to see if he is found guilty of the sale. To put a final statement to you ,Your friend needs a good criminal defense lawyer or he will be facing jail time on the old and new charges! Good Luck!

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