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John Leif Fossum

John Fossum’s Answers

2,068 total


  • Police officer question me for the owner of the vehicles license being suspended once realized im not the owner whos suspended

    vehicle i was driving plates got ran by pd and came back that the owners license was suspended by the time police officer approached me the car was parked off and i was out of the vehicle and away from it on my property i was questioned and recei...

    John’s Answer

    I am not sure what your question is. If the car was parked, you were not stopped. If you were revoked, but they had seen you driving, that is not a great defense. This is a pretty confusing jumble of facts, you should consult with a lawyer, or ask the court to appoint one to see if you do have a defense.

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  • What happens to me if i execute my probabtion?

    I am going to court for my 3rd probation violation and i would like to execute my probation i know i would have to sit my 88 days. minus the 10 for good time im just not sure if they give me time served for sitting 17 days i already served for my ...

    John’s Answer

    You would serve the remainder of your sentence, whatever that is. The court may allow you time to report, or not, depending on the judge and how you behaved on probation. If you want a good analysis of what time counts and what does not, you should ask your lawyer, or ask the court to appoint counsel before admitting to violation.

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  • I recently received a minor consumption citation. What are my options to keep my record clean?

    I'm a 19 year-old, and this is my first cited violation of any law (aside from a tint ticket and an exhaust ticket from a few years ago). I'm not the type of person who generally gets in this kind of trouble, and that would be relatively easy to p...

    John’s Answer

    As Mr. Gallagher noted, it may be possible to keep it off your record. Even a misdemeanor conviction can have long-lasting consequences, so it is important to consider not just the sentence, but the fact of conviction. Different counties have different approaches, it may be possible to avoid the conviction, but if you can't get a resolution, hire a lawyer, or ask the court to appoint one for you.

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  • Didn't have the insurance car on mt can I being that to the court house and have that offense dropped???

    Fist time ticket, an I was also speeding

    John’s Answer

    If you had insurance on the day of the stop, then yes, bring that evidence with you. A conviction for driving without insurance will result in a suspension of your license, so you want to avoid a conviction. If you bring in proof you were insured at the time of the stop, the case will normally be dismissed.

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  • I have been charged with four crimes. Armed robbery...robbery...theft under. 1,000....and 1st.Degree. assault.

    I have no prior record and I sat in the car while two guys robbed the defendant of e pills and money. What do you think my fate will be?

    John’s Answer

    Get a lawyer to represent you. Mere presence does not make you part of the crime, talk to your lawyer about this, and do not post statements on the internet where police and prosecutors could see them and use them against you.

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  • Pre-Sentence Investigation

    What if the PSI recommendations are more severe than the plea deal (i.e. 3 days STS and various programs v. merely 2 years probation)? Will judge honor the plea deal?

    John’s Answer

    That is up to the judge. Talk to your lawyer, your lawyer is in the best position to advise you.

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  • The police came to my house with a search warrant thinking they were going to find drugs and guns the only think they found were

    The only think they found is shot gun shells but they arrested my husband with a pc hold should I worry and get a lawyer

    John’s Answer

    If he is in custody, you should get a lawyer. If he is a felon, the shells could be a big problem. If they are holding him for probable cause, they intend to charge him soon.

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  • Are all these discrepancies in my formal complaint legal?

    I got a copy of my complaint today and the first question I have about it is that the officer that pulled me over isn't the one who filed the complaint, is this right? Second is it normal for the attorney that approved the complaint to sign it wee...

    John’s Answer

    Technical challenges to the complaint are difficult to win. The officer reviewing and signing the complaint is often not the officer who made the contact, it is frequently a supervisor or senior officer. It does seem strange if the signatures are weeks apart, but without knowing more, it is hard to say that would mean the complain should be dismissed. The complaint can be amended relatively freely, depending on where you are in the process.

    As Mr. Gallagher noted, the real point here is that this situation is too complex to handle on your own. you need a lawyer to represent you. If you cannot afford a lawyer, ask the court to appoint one for you.

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  • Can multiple affirmative defenses be utilized for a single criminal charge?

    For example: Burden of proof, mistake of fact and self defense?

    John’s Answer

    As my colleague noted, those are not affirmative defenses. The government has to prove it was not self defense beyond a reasonable doubt. If you are being prosecuted, you should have a lawyer to represent you, this is too complex a situation to handle on your own.

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  • What if an informant is a drug addict who just got caught doing a crime and gets paid or charges dropped by giving someone up?

    I want to know if that ci is still able to be creditable in the case.

    John’s Answer

    Talk to your lawyer. All information about the informant should be in front of the jury, but it does not mean you will win. If you do not have a lawyer, get one right away.

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