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Scott David Levy

Scott Levy’s Answers

163 total


  • Is it too late to get an attorney if you've already signed a piece of paper saying you don't want one?

    Is it ever too late in criminal case to get an attorney? Charges have not been given yet, the investigation is still ongoing. However, when providing a statement the day prior, rights were read and waived. A piece of paper stating rights were waiv...

    Scott’s Answer

    Its never too late to retain an attorney....never. If you are even thinking you need one, then its a good idea to at least consult with one.

    Scotyt

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  • My sister had a car accident and got a DUI? What steps should she take?

    My sister had a car accident and got a DUI. But when the office got their she was already in the ambulance because she had lost consiones form the crash and she didn't know what was going on she had a broken rist and ankle and they gave her pain m...

    Scott’s Answer

    # 1 contact the DMV to set up an APS hearing to avoid a suspension of the license. # 2 contact an attorney.

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  • How do you calculate third time from a 3years prison sentence ?

    My husband was sentenced to 3 yrs w/ third time. 1st time to prison & no strikes.

    Scott’s Answer

    Usually its half time....where did you hear that he is getting 3rd time? As far as the court goes, usually its half time....now if the prison decides to give 1/3 time, thats on them but by law I dont believe he is entitled to 3rd time.

    Scotty

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  • I am getting sentenced for 21 USC § 848 and the prosecutor wants to add a § 3B1.1 enhancement. Does that violate 6th Amendment?

    I am getting sentenced for 21 USC § 848 and the prosecutor wants to add a § 3B1.1 enhancement. Does that violate 6th Amendment?

    Scott’s Answer

    After reading the statute, I dont think it does really. However, I would suggest you contact a local attorney to make sure that is a correct interpretation.

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  • Will a possession of marijuana ticket I received in Nebraska (a decriminalized state) show up on a background check?

    I wasn't arrested or fingerprinted. I also did not have to go to court. I did have to pay a $400 fine.

    Scott’s Answer

    I think it really depends on the depth of the check and what company they are using to do the check.

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  • Question about my court disposition and livescan.

    A year ago I was charged with Petty Theft 484(a)-488 PC. I went to court and I signed a DEJ Plea only. I pled guilty and upon completion of a theft class, the charges were dropped. The disposition says: DISMISSED/FOJ/MOTION OF PEOPLE. What does th...

    Scott’s Answer

    I would like more info? Do you have the years of the above info and whether it was completed in full?

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  • How to get public intoxication charge off the record?

    About a few weeks ago, I was arrested while parked in my car in front of my house, but was passed out and drunk and arrested. They only charged me for public intoxication. How do I go about this in court and after court to get this off my record. ...

    Scott’s Answer

    Locally it's called a Penal Code 1203.4 to eliminate a conviction or a Motion of Factual Innocence to erase an arrest where no charges were ever filed.

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  • I have an ex girlfriend in jail in Arizona, (Maricopa County) for drug possession, DUI and probation violation. Child Custody

    Hi, I have an ex girlfriend in jail for drug possesion/use, DUI and probation violation. She has been in and out several times since 2009 and now it is the end of 2013. I want full custody of my daughter who she never sees and does not participate...

    Scott’s Answer

    I would call the local bar association to see if they can recommend an attorney who practices both criminal and family.

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  • Charged with felony burglary...

    Was arrested for pc459 and was released on OR AFTER 3 days recently i checked the court system they changed my charge to pc484a.. can they change a charge before the courtdate? Is that legal? Can i fight it if it isnt legal?

    Scott’s Answer

    You should speak to an attorney about specific defenses instead of focusing on them deciding to change the charges.

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  • I been on probation for the past year and a half been paying every month why is it that I owe more money that the one I started

    Why is it that I owe 13,947.91 when I started at 11,689.26. I payed 2,450 so far.. How come I owe more that what I started with and how can I lower it?

    Scott’s Answer

    A court can order restitution if any property was damaged in your case. Do you have the minute order??

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