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Gregory Klebanoff
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Gregory Klebanoff’s Answers

140 total


  • Can I get in trouble

    When I made my capital one credit card payments it came out of my ex boyfriends account and I didn't catch it. He has payed it before and they have his information to the bank account on file c

    Gregory’s Answer

    Ditto to what the others said. Also, you should be very careful who you talk to about this--which means you shouldn't be admitting your guilt here.

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  • How many years do you get sentenced for drug dealing?

    Let's say they're 18 years old and have been drug dealing for two years (he hasn't took any drugs just dealt them)

    Gregory’s Answer

    It makes zero difference how long you have been dealing drugs. (After all, anything's legal until you are caught). What matters is how many sales, or "deliveries," the state can prove you made. Also relevant is the type of drug or drugs you were dealing, the amount, and your criminal history.

    Your question is simply too broad to answer. It could be anything from drug court or a straight probation with no time to serve to 10 to 40 years or life imprisonment.

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  • Is it a family law or criminal law matter?

    Me and partner live together 14years and He is charged with ID theft and CC fraud!?!! We paid credit card and settled dispute with them but the States Attorneys Office doesn't seem to understand we live together and theirs no fraud dispute between...

    Gregory’s Answer

    You are making the common mistake of thinking that if the victim of a crime doesn't want to prosecute the offender then charges will not be filed. The law does not work this way. While the prosecutor may take your wishes into account, in most cases if the state thinks a crime has been committed it will pursue charges regardless of what the victim wants.

    He needs a good criminal defense attorney.

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  • Does my brother have a defense?

    Charge 211 with deadly weapon, assault on police officer. Resisting arrest. He was under the influence of meth and ghb. Hadnt slept in over 4/5 days. Hallucinations and voices in his head. We reported him and had 912 come out many times. Tha...

    Gregory’s Answer

    Voluntary intoxication (from meth, alcohol, or whatever) is not a defense. Your brother may not have known what he was doing at the time of the incident, but if he voluntarily took drugs that put him in that state of mind the court system will still hold him responsible.

    That being said, as others have stated, mental disease or defect is a defense in some cases. Just understand that this defense seldom succeeds in court. Juries and judges are usually very skeptical of defendants who try to avoid criminal responsibility on this basis. Further, people who successfully pull off the defense are often often locked up in mental institutions for longer than they would have spent in prison had they been convicted. Plus they will forever carry the stigma that comes with involuntary mental commitment.

    I suggest you get an attorney experienced with this defense and discuss all options before proceeding.

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  • My son was brought in on assault 1st degree. He went to his plea hearing and plead not guilty. Do we need an attorney?

    The other party in this situation was brought in on domestic violence 3rd. The other party's roommate called 911 not seeing what had taken place, he only heard the two fighting. Help! We have no clue of what to do.

    Gregory’s Answer

    While your son's charge is a misdemeanor, it is still a serious crime carrying up to 1 year in county jail and/or fines up to $2,500. He definitely needs a good lawyer.

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  • Is it legal to get arrested and 3 days later have a charge suddenly appear from 4 yrs ago?

    In AR I was arrested for poss of drug para. After 60 days in jail i was released and told they would send me a court date. They never did and it didn't show up until I was arrested for dui, poss of cont subst, poss of drug paraph, & drinkim on hw...

    Gregory’s Answer

    The Arkansas statute of limitations for a drug paraphernalia charge is either 1 year or 3 years (depending on whether it is charged as a misdemeanor or a felony). Whether the state can prosecute you 4 years after the fact depends on whether charges were filed before the statute of limitations tolled. If they were, then you are not going to win based on a statute of limitations defense (though you may win based on some other defense). On the other hand, if the state really waited 4 years to file charges, then it has no case against you.

    In either case you should hire a lawyer.

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  • Do I need a defense attorney?

    Back in 2011 I was convicted of dui and was on probation. I paid half of my fines. But I feel into a deep depression due to my bipolar disorder. And didn't have the money to pay so I quit going to see my probation officer. So I've basically been o...

    Gregory’s Answer

    Based on what you said you are a fugitive from justice and definitely need a criminal defense lawyer. You probably have an active warrant for your arrest. So long as that warrant is pending, a lawyer is greatly limited as to how he can help you. Before your lawyer will really be able to do his job you will likely have to either be arrested or turn yourself in. Then the warrant will be served and he can try to minimize your punishment.

    I suggest getting a lawyer now and self-surrendering after he arranges something with the prosecutors. You understand that you may go to jail over this and even serve prison time. Probation is designed as a second chance in lieu of prison. Please never again ignore the conditions of your probation. This is asking for prison.

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  • Where do I go from here?

    I was arrested for a DUI in September 2014. I have been trying to fight the charges since then. I finally went to court on June 19 and accepted the plea agreement at the request of my previous attorney. To make a long story short; I totaled m...

    Gregory’s Answer

    If (1) you already plead guilty; (2) your plea has been accepted by the court; and (3) more than 30 days have passed since the clerk file marked the sentencing order, there may be nothing you can do. I say "may," because there might be some aspect of your case that makes it different. But the general rule is that once a midemeanor plea is accepted by the court and the time for filing for a jury trial de novo (30 days) has passed you are stuck with it.

    Do not take my work for it, though. Ask your lawyer.

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  • Can an adult get charged with a DUI in Arkansas?

    I was pulled over and arrested for possession of marijuana. The officers informed me that I had swerved and thats why they stopped me. After issuing a drug screen which I failed only for marijuana and failing a field sobriety test that I cant even...

    Gregory’s Answer

    As Cody said, failing a drug screen doesn't mean you will be convicted. Drug screens are cogent evidence only if done pursuant to a complex 12 step matrix administered by an officer specially trained as a "drug recognition expert." Few officers have this training, and even those who do frequent do it wrongly. I suggest getting a lawyer experienced in this specific area, and you might just beat it.

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  • Criminal question

    to what degree are statue is an attorney suppose to tell the truth about the law and what can be done if attorney dose not tell the truth. as to before you were sentenced so you could not know the difference because of not knowing.

    Gregory’s Answer

    As others have said, your question is unclear. Lawyers are forbidden to knowingly make false statements of law or fact. If your lawyer knowingly lied to you about the law, he is subject to discipline by your state's professional conduct committee--though very few lawyers would do this. On the other hand, if his statement was an honest mistake, he has not committed an ethics violation but he may have committed malpractice. If you believe either of these are the case, I suggest you talk to your lawyer about it. Afterwards if you're still unsatisfied or think you were wronged, I suggest retaining another lawyer about the matter.

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