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Simon M. Aval

Simon Aval’s Answers

5 total

  • Can a police report be amended?

    A police report was filed in 2011. New information has subsequently been received. Can the new information be added to the existing report? If not, what can be done?

    Simon’s Answer

    If an officer becomes aware that he/she has made an error in his police report, they will prepare a 'supplemental report' to correct the errors. Unless it is a minor error such as identifying information spelling on the cover sheet of the page and not any substantive changes. If you are submitting the new information and want it to be reflected in the report, you should contact the law enforcement agency to provide the new information about the report number. Another officer may write a police report documenting the new information. Also, if you have an attorney, a Private Investigator can always follow up and interview additional witnesses and document it.

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  • How to delay criminal defence trial

    Hello Im a college student and my court date which is in two weeks conflicts with my school classes. Is there anyway i can reschedule the court session?

    Simon’s Answer

    If it is a misdemeanor charge, you can hire an attorney and the attorney can appear on your behalf at the initial court appearance. Otherwise, you must appear. On traffic citations, you are able to contact the court clerk and request an extension for your court date but not on Misdemeanor of Felony charges. It sounds like this is your first court appearance on the case. If not, you should ask your present lawyer to reschedule your hearing to another date in advance by approval from the court.

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  • Who do you write a court character letter in criminal matter.

    my brother is in jail for a fight, that was a felony we are trying to get him a short time in jail.

    Simon’s Answer

    You should ask your attorney what the letter is for and to whom it should be addressed. Most times, it is addressed to the Judge but also given to the Prosecutor to negotiate a plea bargain. Also, if a violent crime, you should consult with your lawyer to see if he wants you to state in the letter that you have not witnessed any violent behavior from him before and that he is not otherwise a violent person.

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  • Criminal Defense Lawyer or Family Law Lawyer for defending a Domestic violence TRO?

    My estranged wife filed a Domestic Violence TRO which was partially granted for allegedly stalking her. I have yet to be serve my papers. She called the cops and later the cops called me on the phone and I replied with "I can not confirm that, tha...

    Simon’s Answer

    A criminal attorney will be better suited if the police were involved and will likely recommend that criminal charges be filed against you as a result of the incident. A criminal attorney will also be better suited to advise you as to any fifth amendment issues and statements to be given by you. if you can afford both, and you anticipate a divorce or separation, you should get both.

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  • Im facing a 2nd dui charge and pos cocaine, no prior drug convictions. I have a few thousand $, need to make a deal. Any help?

    Arrested march 9. Already spent 5 days in jail. Da's offer is 180 days in jail???? My public defender cant make a deal. No urine split was done. Pd isnt telling me anything about what my options are at this point. My job requires me to drive to el...

    Simon’s Answer

    Some courts are more lenient than others on such cases. Your case depends upon which courthouse it is being heard, who the prosecutor is, what stage your case is, whether the Judge has been consulted with in regards to an 'open plea', and whether you have a possible defense to the allegations.

    If you court is a local court to where I practice, I will gladly help. Contact my office anytime.

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