Archived
Can it be considered an illegal search of a vehicle if the person that was driving wasn't the owner of the car?
Patrick's answer
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Answered on September 05, 2012
I assume the driver of the car was the only one charged with possession. The driver has standing to object to the stop and the search of the car...
I just got my first DUI and open container. What is the worst that will happen? What is the best that can happen?
Patrick's answer
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Answered on September 05, 2012
Obviously the best would be to have the case dismissed or you to be found not guilty at trial. The worst would be a conviction of a class B...
No one showed up at court on the date posted on my ticket but me. Am I excused?
Patrick's answer
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Answered on September 05, 2012
Very unlikely a judge would dismiss the case just because the officer wrote the wrong court date down. You can try the arguement but I would not...
Archived
What are the stifist penelties for domestic battery
Patrick's answer
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Answered on September 05, 2012
First time domestic battery carries a sentence of 48 hours to six months and a fine of $200.00 to $500.00. Second time in five years carries a...
Archived
What is domestic battery, and consequences
Patrick's answer
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Answered on September 05, 2012
Domestic battery is battery, as defined in the statute, with the additional fact that the people involved are, or were, family or household...
Archived
A few weeks ago I was charged with theft. I applied for diversion since it was my first conviction and it was accepted.
Patrick's answer
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Answered on September 05, 2012
You need the help of an experienced criminal defense attorney on both cases. Your diversion will be revoked if you get a conviction in the new...
I got a DUI the other night. I blew a .143.
Patrick's answer
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Answered on September 05, 2012
You really must consider hiring an attorney to assist you in this matter. The filing for an administrative hearing must be done on time or it is...
Archived
I got a theft charge even though I didn't steal anything. It was because I was associated with the person who stole.
Patrick's answer
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Answered on September 05, 2012
Probably a motion will be filed to revoke your diversion in the first case. If you get a conviction in the new case it is extremely likely they...
Archived
I received a ticket for an M.I.P. (alcohol) while walking from a friend's house. What are my options? How can this be expunged?
Patrick's answer
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Answered on September 01, 2012
First things first; make sure you know when and where you are to be in court. Do not miss the court date. Next, expungment is not currently an...
Archived
Have a couple MIP questions. What to expect? Any way to pay a diversion or get on probation and get it over with?
Patrick's answer
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Answered on September 01, 2012
The prosecutor has a great amount of discretion in how he wants to handle the case. Your biggest problem is that an automobile was involved, even...
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