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Ramiro Orozco

Ramiro Orozco’s Answers

363 total


  • Speeding in a school Zone not sure what to plead

    I was going 34mph in a 25mph school zone cause I thought I wasn't in a school zone the original speed limit is 40mph. The time I got the ticket is 2:36pm. I haven't ever gotten a ticket before and wish I would have known I was in a school zone ca...

    Ramiro’s Answer

    plea not guilty and ask to speak with the prosecutor. Once you see them, be polite explain to to them that you understand that you may have been mistaken about the school zone, that you never had a ticket and if they would be willing to give you a warning. If they say no, ask them if they would be willing to amend it to a non moving violation. if they say no, ask them if they would offer defensive driving. If they say no, then plea not guilty and set it for trial and hope the officer does not appear then they have to dismiss. If he does, then they will have a short trial and if you are convicted, then you pay the same fine as you would had you pled guilty.

    Or hire a local attorney and increase your odds at doing everything I just explained for you.

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  • How to prevent my driving license from being suspended?

    I received a speeding ticket in Powell, Tennessee for doing 53 mph in a 40 mph speed limit in a business area. I missed my court date due to the fact I was residing in the middle of no where and didn't have the ability to make it. I called and man...

    Ramiro’s Answer

    you need to call the court and see if they have an open court day where you can surrender yourself and see the judge. Unfortunately indigence is not a defense but you may be able to share your story with the judge and prosecutor and see if they show any mercy. your speeding ticket right now has already cost you a fine and now possibly a failure to appear charge of contempt. Don't get yourself in a deeper whole and go show up and work out a payment plan or see if they offer community service.

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  • Ticket for no seatbelt. What should I do?

    HPD initially ticketed me for speeding (which I already paid because I thought the speed limit was 35 in a 25). However, before he walked away he said "next time make sure all passengers are wearing seat belts." I turned around and 1 of my client...

    Ramiro’s Answer

    Failure to wear a seatbelt is a non moving violation and will not effect your insurance rates. you should have pled not guilty to the speeding and talked to the prosecutor and see if they would be willing to amend that to a non moving violation. I dont understand what type of mitigation you are looking for but that may be a HI specific term.

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  • What will most likely happen next?

    My boyfriend has been in jail for 7 months. He initially had around 10 felonies and 2 misdemeanors. All 10 frlonies got dropped and he gets arraigned for the misdemeanors tomorrow. He was also on probation & didn't report before he got arrested. I...

    Ramiro’s Answer

    the biggest issue and the one that requires the least work for the government is the probation violation. If he is convicted of a new crime that will be a new violation but his failure to report is a pro se violation and depending on what type of charge he was on probation for he can be sentenced to the original sentence on the charge. He may come home, he may not but one thing is for certain, nothing you do or think will change the outcome tomorrow. Take a deep breath and relax for your worry is for not.

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  • What are the time limits for filing a 2255 motion in federal court? What are some other federal post-conviction motions, remedys

    The case was finalized in approx. August 2009. Are there any good cause reasons whereas a defendant could still file any post-conviction remedies to possibly obtain due diligence/justice, or correct a conviction after any statutory limitations (if...

    Ramiro’s Answer

    there is a a 1-year period of limitation to a motion under this section. The limitation runs from the date on which the judgment of conviction became final or the date on which the claim should have been discovered through the exercise of due diligence. If your case became final in 2009 both limitations most likely have passed and depending on what rights were waived, if any, there may be further limitation.

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  • Can I Get A Public Defender To Take Off My Warrant?

    I was convicted of a felony in 2013 for a BB gun incident. I was put on probation for 2 years. I've completed all terms of probation besides taking drug tests which required me to get up in the morning to take them but I work and go to school. I r...

    Ramiro’s Answer

    A probation violation is generally outside the scope of representation of the public defenders office. Gideon obligates the state to provide you with an attorney at all vital stages of your case. Post conviction does not apply. However, federal courts do provide public defenders for federal crimes.

    While your original public defender is on maternity leave, there is no promise or right to have the same public defender. Most courts will not appoint a public defender to you until AFTER you surrender yourself on your charge. Seems like you and BB guns have a toxic relationship...

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  • What if I didn't know I had a warrant? How do you get rid of a warrant? And what warrant's a warrant?

    My dog got out and animal control picked him up from my front porch. When I got home I found a door hanger telling me I could pick him up at the humaine society. I paid his fees and appeared in court to tell the judge how & why he got out. 13 mont...

    Ramiro’s Answer

    • Selected as best answer

    I believe you may have your terms mistaken. You may not have a "warrant" but you may have a conviction for dog at large which is a misdemeanor. So if you pled guilty to the charge, you have a misdemeanor conviction. What you need to do is see if the court is willing to allow you to expunge the charge and the arrest. In doing so, you will no longer have a conviction or arrest and can answer the question with a "no",

    If you do have a warrant then you need to appear and have it served and then take your chances on being fined or incarcerated for failure to appear. I recommend you get an attorney to help you with this or take your chances and show up on a Thursday afternoon at 12:30 pm which is open court.

    But save yourself time and money and show up with an attorney.

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  • He is charged with section 97-3-2 in Mississippi with the new law can he be eligible for parole?

    He's served 4 and a half years of a 15 year sentence I know he's eligible for good time but they just passed a new law and I'm confused

    Ramiro’s Answer

    As my colleague stated, the statute that you cite is just the heading for "crimes Against a Person" while most statutes involving crimes of violence carry day to day sentences, it will depend on the type of crime and the sentence imposed by the judge. If it is not a day for day sentence then it will fall to the limitations of the statute as set forth by MDOC. The best person to inform you whether your loved one qualifies for parole, will be your loved one himself. He can request an audit of his sentence and they will give him any and all credits that he qualifies for and then they will give him a release date and give him a date of when he becomes eligible for parole, if he qualifies.

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  • Can I get my residency through marriage if I got my H1B visa cancelled?

    I entered into the United states with a student visa and then got my H1B visa but I stopped working with that company due to unfair salary and got it cancelled. I have bills and owe money to the IRS so I am working with a friend who pays me cash.

    Ramiro’s Answer

    you definitely need to sit down with an immigration and discuss your case. You IRS issues may be a major factor but you also need to discuss and have them evaluate your overstay and any unlawful entries you may have. You would benefit from getting a FOIA background done before you proceed.

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  • Can a Felon convicted for Embezzlement get a Securities license and insurance license in Mississippi?

    Convicted in 2004

    Ramiro’s Answer

    Generally a convicted felon is barred from having a professional license and unless you were sentenced to non adjudication, you would not qualify.

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