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David B. Carter Jr.
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David Carter’s Answers

4,061 total


  • Can i be charged bank fraud if my bank account was 0 when i closed it?

    I got a check cashing loan back in 2014 that was sent back from bank due to non payment. After not being able to make payment it was then sent to collections. My bank account was 0 when i closed it. I spoke to someone today saying im under investi...

    David’s Answer

    They're lying to you. This is a typical tactic that debt collectors do on these payday loans. They try to scare you into paying up right away. They are violating the fair debt collection Act. I would start recording every conversation you have with them and do not tell them you're recording it. You should also tell them that you do not want any more communication by phone but everything in writing. This is your right under the fair debt collection act.

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  • How is rape proven if defendant is claiming consensual intercourse?

    My friend had a woman claim rape against him. She has charges of prostitution in the past. He claims he did not pay her what she was asking so now she is claiming rape. How can this be proven?

    David’s Answer

    It is up to the prosecutor to prove that it was not consenual. I would hire an aggressive Criminal Defense attorney to fight this. Any kind of CSC conviction has a very long term negative impact on one's life.

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  • Can i sue health and human services for releasing private medical information for my wife and I on two different occasions?

    My wife's cousin had his 3 kids taken away for neglect. My wife and I was going to take 1 child to help out. A CPS worker came to our house and talked to us and inspected my house. She said everything looked fine, made it seem that we were going t...

    David’s Answer

    You can still get the kids. CPS is REQUIRED to exhaust all potential know relative placement prior to foster care. Even if placed in foster care family should still be considered. You need to force this issue.

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  • Please help what to do?

    Ok so my girlfriend was charged with paraphernalia at the same time I was charged with Drug possession. When she goes to court the prosecutor doesn't offer her a deal to plea to a lesser charge. Instead he says I can't tell you what the judge is g...

    David’s Answer

    She needs to get an attorney for herself. There's usually a plea bargain to have. Yes issues in your case can have an affect in her case.

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  • Parenting Coordinator Problem

    I am the custodial parent of a 22 month old. We were never married. My ex has supervised visits once a week at our parenting coordinator's office. My ex went over a year without seeing our child and reappeared in Nov. 2015. My ex has cancelled ...

    David’s Answer

    I have never heard a judge ordering that a parent put a child in daycare. In my opinion this would be an abuse of discretion. It sounds to me like you have a parent coordinator who let the power go to her head. I believe this would be trampling on parental rights

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  • 1. Can he have a Jury Trial after pleading "Not Guilty" 2. Can Judge deny "Not Guilty" plea 3. What he can do?

    Some one I know personally just got arrested on Terrorism Charges. He is been held in a County Jail without bail. During his arraignment and later in a plea hearing, he pleaded "Not Guilty" However, Judge is not willing to accept his plea and adjo...

    David’s Answer

    This does not smell right. If his attorney is not following his directions and trying to get him to plead to something it is only going to get worse and he needs to retain his own attorney

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  • What are the defendants rights when it comes to temporary guardianship of a child?

    My friend's ex boyfriend filed for emergency TEMPORARY guardianship of their 2 year old daughter under false accusations over a year ago. The judge still granted him guardianship anyways. He isnt on their daughters birth certificate. They had been...

    David’s Answer

    She needs to hire an attorney ASAP. This is something that she can not do alone. I hate to be so candid. Yes there are things she can do and must do if these facts are true. Time is of the essence.

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  • How long will this stay on his record if he is 17?

    My friend who is 17 years old, got caught stealing a $35 dollar sweatshirt, that was on sale for $12, from JC pennys. He is going to court today.

    David’s Answer

    If he pleads straight up, it will be on there forever unless he files for an expungement. He must qualify for the expengement. He can also avoid the conviction by getting into a diversion program. A good attorney will be able to do this for him if he is pretty much new to the criminal arena.

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  • What should I do under the situation of acknowledged sexual harassment during a recent hospital stay?

    Recently during a surgical stay at a prominent MI hospital I was sexually harassed by the family of my roommate, I received an apology letter as well as a reference to their acknowledgement of the situation but their offer of covering my tv & phon...

    David’s Answer

    Wow! It sounds to me like the hospital had notice of this and did nothing you should sue the hell out of them

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