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I would like to enter into a deferred prosecution for DUI (Actually, the charge is Physical Control) so that I can get it resolved as quickly as possible. I really need to move back home to Ohio for family reasons in the next few months. Is this w...
I have arranged a couple of out of state deferred prosecutions over the years. Judges are very reluctant to do this and it will take a lot more planning on your part in order to convince the judge this is a good idea.See question
My brother was with 2 of his friends when one of them decided to punch a man and take his bag. My brother and the other teen were arrested because they were caught on camera with the teen who did the act. My brother is 18, the 2 friends are 17. On...
He ABSOLUTELY needs an attorney. This is very serious. Form what you describe it is highly likley he will be charged with Robbery in the First Degree as a accessory. This a Class A felony, a serious violent offense and a three strike crime. Not only is he facing potential prison time, but this could also affect his scholarship, ability to get a job and more.
The officer's job is to gather evidence and present it to the prosecutor. They will say whatever they feel they need to in order to get your cooperation. Your brother should NOT be talking to the police without an attorney. His explaining his "lack of involvement" is a confession that he was there and aware what was happening.See question
Let's say you were in a group but your in a driver and let's say people A stole something and they gave it to you then you transported it to a certain area and gave it to someone else and all of this was done during the night hours.
The testimony of witnesses is evidence. Plenty of people have been convicted solely on the word of a witness. Additional evidence, such as video or fingerprints, certainly makes for a stronger case than just a person's word. It's up to the jury to decide if they believe the witnesses' testimony or not.See question
I got my first dui and that was amended down to negligent driving 1 and my attorney had won the dol hearing even thought neg 1 doesn't have any licenses consequences, will this new dui which am doing a deffered prosecution because I believe I am a...
If you file a notice of intent to seek a deferred prosecution prior to your license suspension and enter the deferred prosecution in court within the prescribed time limits your license will not be suspended. There will be an IID requirement as part of the deferred prosecution.See question
I had been driving my car legally while my license was suspended with a Interlock Ignition License. I received a speeding ticket and was subsequently charged with driving Driving While License/Privilege Suspended Third Degree. I have all the paper...
Why are you trying ot figure this out on your own? It could be a mistake by DOL, the prosecutor, the IID company, you, or a combination of these. There is no way to figure out what hallened without a full review of the discovery and your DOL file. Get an attorney that has expereince dealing with DOL and the courts.See question
So, I got a "fail to stop/fail to yield" ticket. If I defer (in WA state), it's a year to NOT get another ticket and this one will go away. However, 2 other questions. During the year, is the CURRENT ticket still showing on my record? Also, do...
A condition of a deferred finding can be no tickets for UP TO ONE year and the ticket is dismissed. Some courts order the full year, other courts do 6 months, and still others close the ticket on payment of the defferral fee.
The ticket will show as pending on the court record. It is not reported to DOL unless and until the ticket is found committed. If dismissed it never shows up. If you get another ticket in a year it will be reported to DOL.
If the ticket is reported to DOL it will appear on an insurnce abstract for 3 years and an employment abstract for 5 years. If not reported to DOL, then there is nothing for DOL to report to insurance.
You can only defere one moving violation every seven years.See question
I was driving home from getting food and a car cut me off and then proceeded to ride my rear end then break checked me and continued to swerve and follow me then when I had the chance to actually follow them to get their license plate number I cou...
It might help to take a step back and look at this from the perspective of the prosecuting attorney judge. Tthey are going to see someone who does not care about the safety of anyone else. You are driving around with two children in the car, with no license and insurance and road raging. Reckless driving and reckless endangerment both up to 364 days in jail. Driving on a suspended license can result in 90 days. You could easily be charged with multiple criminal counts. In addition to the possibility of jail, reckless endangerment convictions are frowned on by potential employers. CPS could also get involved.
If you can't go to jail, you have a lot of work ahead of you. You need an attorney and you need to work closely with him or her to develop a plan to (1) keep you out of jail, (2) avoid a conviction that could ruin your life and (3) get your license back.See question
I was in a traffic accident in 2012 where someome t-bone me because they were driving too fast up a hill when I pulled out from a side street after checking both directions, I didn't see them because they were in a dip. I was sited for failure to ...
Traffic infractions remain on your record forever. However, they are only reported on a standard insurance abstract for three years. The abstract that is provided to an employer will go back five years. If you go to the DOL website there is a page that explains in much more detail what is reported, to whom, and for how long.See question
I Live In Washington State... I Was Just Curious On How Much Time SOme one With A Clean Record Would Get If THey Got Charged With Organized Retail Theft If They Refused To Work WIth The Cops ?
Organized retial theft is a class B felony if the amount stolen is above $5000 and a class C felony if below this amount. Class C felonies carry a maximum of ten years; class B felonies can result in up to 5 years. With no felony history a eprson generally would not be facing more than 90 days.
HOWEVER, jail time should be the least of your worries. A felony theft conviction can make it impossible to get a job, housing or other services. This case is more about the rest of your life than a short stint in jail. Get a lawyer and continue to refuse to refuse to "work with the cops" until you have discussed all of your options with your attorney.See question
I have a clean driving record, never been pulled over before, and just got a ticket for failing to make a complete stop at a stop sign. Is it possible to have the city change it to an "inattentive driving" that doesn't get reported to the DOL... o...
The answer to your question depends on your record, the prosecutor and the facts of the case. If you have no history, and it's not a particular bad ticket, some prosecuting attorney will simply amend a ticket if you ask. Others will need to be persuaded by potential legal defects in the case. Yet others may be willing to negotiate an amendment of the driver agrees to take a class or do community service.
Note: This answer applies to someone with no ticket history. If you have prior tickets (dismissed or not), if the case involves an accident, or if the driving was particularly bad an amendment is going to be more difficult (or even impossible) to obtain.
So why hire an attorney? Besides the obvious convenience of not having to waste your valuable time going to court, there are several benefits. Because the experienced traffic ticket attorneys know which prosecutors are willing to negotiate and what is likely to persuade that particular prosecuting attorney. More importantly, the attorney can explore and assert any defenses first and may be able to get the ticket dismissed.See question