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Stephen Anderson’s Answers

9 total

  • Does a DUI on a military installation show up on a normal background check as a felony or misdemeanor?

    I'm completing a form for a background check and one of the questions of course is have you ever been convicted of a felony or misdemeanor. I'm a soldier who received a DUI on a military installation, and I was wondering if that qualifies as a mis...

    Stephen’s Answer

    If you received your DUI on post and the unit handled it with Article 15 punishment that is not a re-portable conviction. However, if you plead guilty in Magistrate's Court and a sentence was imposed, rather than a deferred prosecution, that conviction should be reported as a misdemeanor conviction.

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  • Can I prove myself not guilty?

    I was arrested for a domestic violence tampering charge. They searched me before they placed me in the cop car. I was taking to c/s/p holding cell where I was searched again. My phone and keys were taken and placed under there control. I was ...

    Stephen’s Answer

    Talk to a local attorney I have handled these cases and got the introduction charge dismissed where the cops were negligent in their search, especially if you were intoxicated.

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  • What can I expect for sentencing? Will I be talked to by the DA? Will I go to jail for a first offense?

    I was given a summons for 42-4-1406 1 b in weld county Colorado. This is my first offense of something of this nature. I have a DWI charge from about 10 years ago in Nebraska. And about 3 years ago an unpaid fine for Garden city which I was pick...

    Stephen’s Answer

    Tossing a lit cigarette out the window can be problematic if jurisdiction had recent fire issues. You should consult with an attorney familiar with the jurisdiction, since it is Class 2 misdemeanor,

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  • Is is better to have a defense attorney that can practice law in multiple states or use a attorney from ind. states

    I have 3 cases in 3 different states, one in colorado, one in Illinois and one possibly in Mo. they all involve drugs in my system and possesion of drugs in my car. I have a court date in Illlinois Jan. 5, 2016 and a court date in Illinois Jan 20...

    Stephen’s Answer

    Having just completed a similar situation with Texas and Colorado I prefer to team up with other qualified attorneys from other states preferably if members of NACDL. As a former Teller County prosecutor I am used to dealing with multiple state offenders especially dealing with interstate compact issues.

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  • What can I do to give myself the best chance for a probationary license at the dmv hearing?

    I have received a notice for my license being suspended due to excessive points in a 12 month period. I have a dmv hearing next Monday and I am hoping to get a probationary or red license. How can I give myself the best chance of...

    Stephen’s Answer

    A points suspension hearing first must acknowledge all points violations occurred within a certain time frame and if their are any outstanding tickets make sure you disclose to hearing officer. Once points are established from driving record, you must point out hardship to function without a probationary license or agree to shorter suspension without license.

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  • Miranda Rights, DUI (as a result of a an alergic reaction to the medication) is the DUI beatable? I was in a store at the time.

    I was prescribed anti-inflament medication (the ones you have to take with food). I followed the directions on the medication, after eating (Burger King). I drove 45 seconds to a store next to Burger King. When I went into the store, I began to...

    Stephen’s Answer

    In Colorado you can be charged with dui if the officer can establish you were driving a motor vehicle and that your ability to safely operate the vehicle was impaired by drugs or alcohol or both even to the slightest degree. Depending on the drug dictates whether it may impair and depending on the chemical test it may or may not detect presence of the drug. Most drug driving cases are very difficult to prove. You should talk to a local attorney in the county where you are being charged.

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  • Need some help in the realm of military law, who can convene the different courts-martial?

    Who can convene the different courts-martial. Articles 22-24 of the UCMJ aren't very helpful....what command level would a general, special, and summary court martial convening authority generally be? Any info would be great!

    Stephen’s Answer

    Each branch of the services delegates convening authority differently. However a basic guideline General courts martial convening authority is given to a base commander or the division commander, O6 and above. Special court martial authority may be delegated to the brigade commander or host tenant commanders. Summary court martial authority may be delegated to company commanders., Summary court martial are glorified Article 15 proceedings

    Steve A..

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  • I was charged for obstruction of a police officer but i did nothing wrong what can i do?

    they were looking for my boyfriend asked his cousin if he was in the room and he told him no then i came to the door he asked me i told him yes officer was just being a jerk and charged me and his cousin anyway.

    Stephen’s Answer

    Get an appointment with a local criminal defense attorney.We offer a free initial consultation and can explain your options. Stephen Anderson 719 473-9099.

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