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William J. O'Connor
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William O'Connor’s Answers

360 total


  • What options do we have if a local prosecutor decides a complaint does not rise to the level he wishes to prosecute?

    My wife was assaulted and hit by her boss at work. The incident was witnessed by another employee who has filed a statement. My wife reported the incident to the general manager and then quit her job. She filed a report with the police department ...

    William’s Answer

    Do you believe enough in going after the ex-boss that you will invest your money in a lawsuit? If so, you can hire a lawyer who practices in tort law and sue the ex-boss for damages. You may want to speak with an employment lawyer also, because there are issues to explore there.

    If the prosecutor is not willing to prosecute, then there will not be a criminal case.

    Best of luck!

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  • What is frequenting charge?

    My minor got charged with frequenting, being with a friend that was charged with possession. What is she looking at. This is her first charge of any kind.

    William’s Answer

    Frequenting is defined in the Idaho Code, but in a nutshell, it means that the police allege that your daughter was in a place where illegal drugs were being used or sold.

    You should hire a criminal defense lawyer who has experience in juvenile court. Most of us provide free consultations. Your daughter could face consequences that may interfere with her ability to get financial aid for college, but a skilled criminal defense lawyer who understands how to work with juveniles and the unique rules regarding juvenile charges should be able to work a remedy to avoid any long lasting consequences for a frequenting charge.

    Best of luck!

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  • I am unsure of what to do.

    I was at a local farm store shopping. Came down and seen shop vice's having just broke one at home thought I would look at. Why looking my 3 year old pulled vice off self hitting his hand. Told management about it 1 manager didn't want to adress o...

    William’s Answer

    You should consult with a skilled personal injury lawyer ASAP. You should also not speak to the insurance company until you consult with a lawyer. Finally, you should not share additional facts on this public forum. You do not want to give the potential defendant anything that they can use against you.

    I hope that your son is not injured too severely. Best of luck!

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  • Should I contest my speeding ticket?

    The speed limit had been 35 and I saw that the upcoming sign posted was 50. (I drive this route every day) A police officer was sitting off a side street right before the 50 sign (I saw him, didn't think much of it) and I started to accelerate sin...

    William’s Answer

    The police officer is correct that Idaho law provides that the speed limit begins at the sign. While rarely anyone follows that law, it is Idaho law.

    With that being said, it does not mean that you should not fight the ticket. Maybe the cop won't show or maybe the prosecutor will offer a lesser infraction. That is your decision to make.

    Good luck!

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  • Can I get paid restitution faster.

    I was a victim of Identity theft. The case went to court and restitution was ordered. I get $50 every other month. The amount due to me is $13,400. There also is another victim who gets restitution, also for $50 every other month. At this rate...

    William’s Answer

    How long ago was the crime committed? If it is within the statute of limitations, you can sue the guilty party in tort and obtain a civil judgment, for which you can have a lawyer help you to garnish wages, seize property, etc.
    If not within the statute of limitations, you should contact the prosecutor in the civil case regarding the payment plan that the convicted defendant set up with the court. I am unsure of the remedies for that circumstance, but the prosecutor should be able to provide you with an answer. Idaho law states as follows" "The court, in determining whether to order restitution and the amount of such restitution, shall consider the amount of economic loss sustained by the victim as a result of the offense, the financial resources, needs and earning ability of the defendant, and such other factors as the court deems appropriate. The immediate inability to pay restitution by a defendant shall not be, in and of itself, a reason to not order restitution."

    You are also entitled to statutory interest on the total amount owed.

    Best of luck!

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  • Is there a Personal Injury Attorney in Boise that knows about the damaging effects from Cipro and generic Cipro?

    Hi my name is Michelle. I was given generic Cipro back in 2011 . I wasn't given a choice or asked if I wanted generic or brand. After 3 pills I had a horrible adverse reaction . I was healthy prior to taking this and an hour after my 3rd pill I c...

    William’s Answer

    You have a lot of questions; and they are good questions. I spent 10 years in pharmaceutical sales and management before switching careers and practicing law. Having been both a representative and sales manager of an antibiotic, I am familiar with quinolones (that is what doctors and pharma reps referred to them as when I was in that industry). There are other lawyers that may be familiar with these types of antibiotics also. Regardless, you should consult with a lawyer who is familiar with both products liability and pharmaceuticals. It will help if the lawyer has some knowledge of antibiotics.

    Based upon the facts and timeline that you provided, the statute of limitations is a concern. Any lawyer whom you consult with should have additional questions regarding the facts and timeline to be able to properly evaluate whether or not you have a cause of action and, if so, how strong it may be. Acquiring that additional information and providing you with advice is not practical in this public forum. Many lawyers provide free consultations for such cases as yours, and I advise you to consult with one or more of them and then to proceed by working with a knowledgeable and skilled lawyer that you are comfortable with.

    Good luck!

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  • I am being accused of financial exploitation of a disabled adult

    I am being accused of financial exploitation of a disabled adult. I work in the developmental therapy field. The other day I took out my client to go grocery shopping she's severely autistic. While we were shopping she picked up for rockstar en...

    William’s Answer

    You should consult with a skilled criminal defense lawyer ASAP. In the mean time, do not speak with the police or anyone else about the incident(s). If police contact you, it is only because they are trying to find evidence to convict you of a crime. If approached by the police, tell them that you invoke your right to remain silent and that you want a lawyer. Then keep your mouth shut; and speak with a lawyer.

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  • Can I spread my public service hours across multiple non profit organizations?

    I was placed on unsupervised probation and ordered to do 100 hrs of Public Service (meaning i go volunteer my time to a local non profit organization). The first organization I started with i have completed 21 Hrs through but the management and fa...

    William’s Answer

    The short answer to your question is "yes." You do not need to complete all community service hours with only one organization. Be sure that you and the organization that you volunteer for keep accurate and up-to-date time records of your service.

    Good luck!

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  • Which is worse - a bankruptcy on your record or a judgment?

    Have a pending judgment over nonpayment of a credit card. Not sure if it is best to declare bankruptcy or try and work out a payment plan with the creditor.

    William’s Answer

    To answer your question, a lawyer will need quite a bit more information regarding your current financial situation. Some important factors that need to be considered include, but are not limited to, your income over the past six months, your expected income in the near future, the number of dependents that you have, your assets, and your total debts.

    Most lawyers who practice bankruptcy provide a free consultation. I encourage you to gather your financial documents and to meet with a lawyer who practices both bankruptcy and alternative debt reduction. After that meeting, a lawyer should be able to provide you with your options and the pros and cons thereof.

    Best of luck in getting your situation resolved in an acceptable manner.

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  • Being sued by a credit card company. I owe the debt. Do I have a defense for the company not negotiating my payment terms?

    I was unable to keep up with minimum payments on a credit card. I tried to negotiate a lower monthly payment with the company. They were only willing to lower the interest rate. Do I have any defenses to this suit, or should I let it go to defa...

    William’s Answer

    You should NOT default in a lawsuit. The results will only be negative.

    You do not have legitimate causes of action against credit card companies for cutting your available credit. If you read the contracts with those companies, you will find that they have the right to cut your credit limits based upon your credit score and other items on your credit reports.

    The smartest thing that you can do right now is to consult with a lawyer who is familiar with both bankruptcy law and debtor/creditor law. Many provide free consultations.

    Best of luck in reaching an acceptable outcome in your situation.

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