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Maury Devereau Beaulier

Maury Beaulier’s Answers

5,424 total

  • Can my son still get custody of his daughter after making one mistake?

    My son is trying to get custody of his daughter in foster care. The mom does not come to court and say's the kids are better off without her. The social services department set up a two month trial of 9 days with him and 5 days with the foster par...

    Maury’s Answer

    If there is a child protection case ongoing, until the Petition is for a Termination of Parental Rights (TPR) or a Transfer of Legal Custody (TLC), the goal is to provide services to reunite the parent with child. Of course, the parent must demonstrate that they are taking necessary steps. If your son does not have an experienced attorney, he should . A case such as this can have long lasting implications.

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  • My daughter got a domestic assault charge last week on her boyfriend. ..she pled not guilty .just got her lpn nursing license

    Should we hire a attorney or use the public defender. .she is freaking out about losing her nursing jobs...she punched her boyfriend and called the police. .she is the one that got arrested. .it was pretty mild domestic. She just doesn't want this...

    Maury’s Answer

    Thank you for the inquiry.

    A fifth degree domestic assault can be very serious. It requires that your daughter acted with an intent to harm someone or that the other person was in reasonable apprehension of physical harm from an act.

    A fifth degree domestic assault (as a first offense) is a misdemeanor, punishable by up to 90 days in jail and a $1,000 fine. However, the collateral consequences of a conviction are extremely significant and, arguably, more severe than the criminal penalties themselves. As a result, it is extremely important to protect your daughter's public and criminal record.

    First, if convicted of a fifth degree assault or any assault offense, employers who require a background check may not hire you. That is particularly true if you work closely with customers or in some other service oriented profession such as nursing.

    Second, many landlords now perform background checks for applicants and, a person may be declined yoan apartment with a crime of violence such as an assault on their record.

    Third, a conviction for assault may result in licensing problems for certain occupations or interfere with acceptance into some schools of higher learning.

    Finally, it is also compelling that a non-citizen may suffer deportation and, even a citizen would lose their right to possess a weapon ,even for hunting purposes, after a conviction.

    Often, the best defense is a good offense. In any instances, an argument for self defense may be made. Defenses are never apparent, however, until all recorded statements, police reports photographs and other evidence are acquired.

    Your daughter should retain an experienced criminal defense attorney.

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  • Is there any ethical problem with having one attorney draft a QDRO and having another one work on a contempt issue?

    I have on going post decree issues. Seems there is a difference in opinion with the issue posted above. The attorney I hired for the contempt issue said he would work on the QDRO as well when he was hired four months ago. He has not touched it and...

    Maury’s Answer

    I am not exactly certain what you are asking. Nothing in your post raises a conflict of interest. You ,may certainly have two different attorneys work on two different issues like a QDRO and a contempt Motion.

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  • Can I leave the state with my children to escape a drug addicted husband? or will that cause legal issues?

    I am going to give my husband an ultimatum. Rehab or I am leaving. I would rather not file for divorce right away as I'm hoping he will eventually go to rehab. My best options if I leave are out of state. Can I leave with the kids with or without...

    Maury’s Answer

    Can you relocate from the state with the children?

    Possibly. There is no restriction so long as you do not violate laws related to parental kidnapping.

    Will it cause issues?

    Probably. the other parent is likely to file an action for custody, alleging alienation, and seeking a return of the child(ren) to the forum state.

    You would be for better off filing a legal separation, divorce or custody matter and dealing with the issue appropriately. Acting without considering the consequences can affect your legal rights. You should retain an experienced attorney immediately.

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  • How do other states hqve juridiction

    2 years ago I got Owi in WI. I was a resident of Wi worked in WI and payed Taxes in Wi but had Mn drivers licance. As the law states I have 60 days to change my licance for one that does not give mn jurisdiction also Wi is not part of compact to M...

    Maury’s Answer

    If you seek a license in a State the State may apply administrative procedures and penalties to that benefit.

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  • Can i get reimbursed from the DMV for fees i paid to get my license back after a DUI, if i was never charged in court?

    I was pulled over and arrested 5 years ago for a DUI, but was never charged in court. I paid well over 600$ to get my license reinstated through the DMV after they suspended it. Can i get some of them fees back since i was never charged??

    Maury’s Answer

    I am afraid not. The civil license revocation is separate from any criminal case and you must challenge that revocation by filing a Petition for Judicial review within 30 days after receiving your revocation notice. If you did not file, you can no longer challenge.

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  • Is it illegal to Sext with a 16 year old and I'm 22?

    Ok Im bisexual an i met a guy on Plenty Of Fish.. An come to find out he is about to be 17..We had been Sexting,sending pictures an then I get a call from a parent tryna to bribe me saying there gonna send me to jail an expose the situation if I d...

    Maury’s Answer

    It is a scam. Ignore the message and move on. To have exposure in a criminal case, you must know or have reason o know an image is of a minor.

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  • Can a man be indicted in Federal Court if the only evidence that they have on him is from a co-conspirator or accompliss?

    Basically what I'm asking, if the co-conspirator has been found out to be a liar, how can the FEDS indict a man solely on that persons testimony???? The prosecutor also stated to the jury in court that this individual was less than truthful (dire...

    Maury’s Answer

    Yes. If the information is compelling enough for a grand jury to find probable cause, he can be charged. That does not mean the case will be won at a trial where the burden of proof is guilty beyond a reasonable doubt.

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  • How will i know if the other parent has a lawyer to represent her, before the court hearing?

    I filed for custody on my own and was wondering if i will be notified as soon as the other party has hired a lawyer? I want to hire an attorney if she does, possibly even if she won't hire one but will i know? or will she be notified if i hire so...

    Maury’s Answer

    Perhaps. You will be notified if and when that attorney files a Notice of Appearance with the Court. Of course, they may be working with the client long before the Notice of Representation is ever filed.

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  • What can I expect with my first DUI and how long will my license be revoked?

    I was recently arrested on a first time DUI. I blew a 0.26. I am looking at a 3rd degree gross misdemeanor DUI and a 4th degree misdemeanor DUI. The 3rd degree is aggravated due to the high BAC. I have no previous driving record charges, not even ...

    Maury’s Answer

    A first offense DWI is still a serious offense. With a blood alcohol level of .16 or more, you were charged with gross misdemeanor which carries with it maximum possible penalties of 1 year in jail and a $13,000 fine. As a result, it is important to present an aggressive defense. It is also important to know and understand the Judge's and their proclivities in your county.

    A DWI is not only a criminal case, it has a civil element as well. There is a license revocation related to a DWI that is a case entirely separate from the criminal matter. Nothing in the criminal matter will change the license revocation which occurs automatically unless you seek a judicial review of that revocation. This MUST occur within 30 days after you were revoked. Any failure to seek a judicial review results in the license revocation and a record that indicates a new alcohol related offense that can be used to make any subsequent DWI a greater crime. The revocation periods and procedures for reinstatement have become much more difficult in the last decade. A first offense with such a high BAC would result in a one year revocation driver's license suspension of up to 1 year, which may be carried out as either: 1 year of driver's license suspension. OR
    1 year of restricted driving with an ignition interlock system.

    There are many challenges to a DWI. The defenses depend on the particular set of facts in each case. That means a detailed review of all evidence, including police reports, police videos, audio recordings and testing records related to blood alcohol levels is imperative. Often, hidden defenses are found through a thorough review of all evidence.

    You should consult with an experienced attorney.

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