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My Court appointed Attorney says that he can not get my DUS charge dropped at all, to driving without license or anything I guess. I have sent in everything needed to get a hardship license. DMV told me they have everything that they needed, just ...
If you can get your license reinstated within 60 days of the driving conduct, you can move the Court to dismiss the DUS count. Sometimes if you get your license reinstated after the 60-day timeline, the prosecutor may amend the charge to no license in possession under NDCC 39-06-16 ($20 traffic ticket, no points) or no license in possession under NDCC 39-06-01 ($20 traffic ticket, 4 points). If you can't get your license reinstated, there are very few defenses to DUS. Either you were driving or you weren't. Either your license suspended or it wasn't. The only other real defense is if you were driving to prevent serious bodily injury or death. If none of those defenses apply, then your lawyer is 100% correct.See question
I cheacked vine link today on a hunch and pulled up my name come to find out I have a warrent my PO wants to revoke my probation. Im assuming its for not reporting.. I had every intention on getting ahold of him but with working very long hours no...
You have two options: (1) do nothing - let the warrant linger. Undoubtedly, they will catch you when you least expect it and when it is the least convenient for you. You will be arrested. Your bail will be high. The longer you're an absconder, the more difficult it will be for your lawyer to get you a relatively favorable outcome. (2) turn yourself in. Face the music. Make a warrant appearance. Your bail will still be high, but probably not as high as it would be if you abscond for a lengthy period of time. Your attorney may still be able to explain the non-reporting conduct, depending on how long you didn't report as directed. There may be options that don't include jail. There may even be options that don't even involve a formal revocation of your probation, which will result in the loss of any dispositional benefits you obtained at the time of sentencing (e.g., deferred imposition of sentence or misdemeanor-by-disposition).
The two most serious violations a probationer can have are committing a new crime while on probation or absconding (failing to report or blowing off probation). You need to take care of this sooner rather than later. Good luck.See question
Was found guilty to these charges. Plea bargain was five years in prison. Was not told this judgment was considered aggravated, but now that in jail considered medium security because they say the reckless was aggravated. Doesn't say violent o...
If you're asking if they are 85% crimes under NDCC 12.1-32-09.1, the answer is NO, they are not 85% crimes. With the reckless endangerment charge, there are two versions: a class C felony for cases involving "circumstances manifesting an extreme indifference to the value of human life." Otherwise, it's a class A misdemeanor. In that sense, the felony reckless endangerment is "aggravated." The criminal vehicular injury is either an A felony or a C felony, and carries with it a minimum mandatory penalty of at least a year, but in some circumstances, at least 10 years. It looks like the conviction was for the C felony version with the 1-year minimum mandatory penalty. A person typically won't be parole eligible during the minimum mandatory period.
As for the medium classification, there are a number of factors that weigh into that decision. The single most important consideration is the LSI-R score. That may or may not be a result of the current conviction as opposed to prior criminal history. The classification may move depending upon completion of treatment, etc. Good luck.See question
My fiancé is being charged with 1st degree murder, he hasn't even had a preliminary hearing yet. The judge ordered that bail be posted at $150,000 plus house arrest. Our family posted his bail, but house arrest is refusing to let him out (mind tha...
Talk to your fiance's lawyer about what his next steps should be.See question
I have a non extradition felony warrent out of California from six years ago. Doe's it bar me from having firearms. I know I can't buy one from a dealer, but what about private sale. Me and my wife wanted to go hunting this year. She owns a rifle.
Under federal law, yes, you are barred from possessing firearms as a "fugitive from justice." Clear up the warrant if you want to possess guns.See question
My attorney NEVER returns my calls, won't interview any witnesses, will not great me or speak to me when I see her at court and i want to fire her. I'm facing up to 100 years in prison for a crime I did not committ, but she will not even discuss g...
You have a few options. Write a letter to the Judge and file it with the Clerk of Court.
Fill out a complaint and send it to the regional office of the public defender. http://www.publicdefender.mt.gov/forms/pdf/ClientComplaintFormforWeb.pdf
Review the complaint process for filing an ethics complaint against your attorney. http://courts.mt.gov/library/topic/attycomp
Good luck.See question
My 19 year old son cut off his ankle bracelet what would be the jail time or Consequences from that when he is caught
(1) He needs to turn himself in, the sooner the better. (2) Get him a good criminal defense lawyer practicing in the jurisdiction your son is in to discuss what the likely options are. Consequences for these kinds of violations greatly vary depending on the circumstances. Good luck.See question
i am 16 years old my boyfriend is 21 im am almost a senior in highschool and i was wondering can he still get in trouble if we get married and can we get married?
A 5 year difference may not seem like much if you're 40, but at age 16, it matters. Wait until you're at least 18.See question
He was innocent but scared into taking a deal. He served two years - but now has to register for life as a sex offender. He is 37. He would like to reopen the case and plead innocent. He understands that he may be tried but the offender tag is...
At this point, there is very little that can be done to undo what has already occurred. He can apply for a pardon; however, sex offenders do not get much sympathy from politicians. Best of luck.See question