If arrested for a DUI but never read your miranda rights can the evidence used to indicate your intoxication be suppressed?
Edward's answer
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Answered on August 14, 2009
This is an evolving area of the law. While I practice in California this answer is based on US Supreme Court law, which may be interpreted by IN...
Archived
Can i beat a dui if the officer asked me to pull the truck off the road after he suspected me of being intoxicated
Edward's answer
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Answered on August 14, 2009
Both of the other lawyers make good points. In general the officer is allowed to use informant testimony to establish probable cause. They will...
Archived
Domestic Violence case and Naturalization?
Edward's answer
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Answered on April 17, 2009
He needs to be very careful what he pleads guilty to. Most Domestic Violence offenses are 'aggravated felonies' used for the purpose of...
Archived
Had a DUI in AZ 6/22/01, followed all req frm the judge, no breathalizer was sentenced, now suspnded licsne in CA
due to AZ sus
Edward's answer
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Answered on April 17, 2009
Once suspended --generally speaking-- the DMV will not reissue your license until you complete the AB541 3 month DUI class or its AZ equivalent and...
Archived
If a restraining order that prevents a person from owning a firearm is canceled. can you now own a firearm.
Edward's answer
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Answered on April 17, 2009
Do you mean it has expired as its natural term? Or that the judge ordered the restraining order be canceled?
This is an interesting question in...
Archived
The police came charging into my house, during which time they found one tenth of a gram of amphetamine and an unfired hand gun
Edward's answer
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Answered on April 17, 2009
It's unclear what you are charged with, if anything. It definitely would be worth fighting -- at least through a motion to suppress/preliminary...
Archived
What exactly is a "deferred prosecution"
Edward's answer
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Answered on February 12, 2009
Deferred prosecution is equivalent to a deferred entry of judgment and is available at the city attorney / DAs discretion in various cases. It...
Archived
Is there a statute of limitations for a domestic violence charge for WA?Does it change if there is a warrant out for the person?
Edward's answer
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Answered on February 07, 2009
I am not licensed to practice in Washington, so these answers are general. Generally speaking, a misdemeanor has a one year statute of limitations...
Archived
No license due to DUI in CA in '99. CA will allow reinstate in ID if clear up ticket from '06 in CA. Why do I have 2 go to CA?
Edward's answer
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Answered on February 06, 2009
You do not need to appear in person, if the initial charges were misdemeanors. You can appear through an attorney pursuant to PC 977. The...
Archived
Justifiable reliances an enticement fraud??? true or fault.
Edward's answer
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Answered on February 06, 2009
Justifiable reliance is an element of civil fraud. If prosecuting a fraud action you have to show that you relied on the false statements made by...
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