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Kelly W. Case
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Kelly Case’s Answers

537 total


  • How much will a PI effect me getting pre trial diversion for a DWI?

    Super long story short: I got a dwi in may. Hired an attorney but he missed my ALR hearing amongst a few other mishaps so I'm in the process of switching attorneys. So I got a PI a month after the dwi. I was sitting in my car in the parking lot of...

    Kelly’s Answer

    In all likelihood, it will cause you to be kicked out and to be adjudicated on the DWI. You really need to hire a good lawyer immediately so they can take some proactive steps to help you.

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  • What are the penalties for the Dwi home device being violated

    4th Dwi just used mouth wash it violated rinsed mouth out with water blew again and past but the picture didn't take does that happen a lot the picture not taking

    Kelly’s Answer

    You will go back to jail in Montgomery County. No on believes the mouthwash story and it does not matter. Your bond conditions state you shall not have any alcohol. It does not matter to a judge how or why, only that you violated the condition. Hire an attorney that is well versed in DEI in Montgomery County and let them do their job. You are off to a bad start and it is going to take a very good lawyer to help you with this because I can promise you that the prosecutor will be bringing this failure up again and again, at every opportunity to the judge. If this case goes to trial, the prosecutor can bring it up in front of the jury when requesting a higher punishment. So, get a good lawyer is my advice; you are really going to need it now!

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  • How clear criminal background

    How can clear my criminal background

    Kelly’s Answer

    Hire an attorney that is familiar with expungements or motions to seal. Any competent criminal lawyer should be able to handle this for you.

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  • If there is a case headed for trial can u hire another attorney if your not pleased with the present attorney?

    this case been prolonged for 6 months and the attorney has been paid out but he speaks as if he is siding with the court

    Kelly’s Answer

    Yes, it is possible but if you are set on doing this, sooner is better than later because your new attorney will need time to prepare.

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  • If you have a criminal protection order filed on you, doesn't it make the order exempt if they bail you out for that order?

    The girl involved beat on her boyfriend he defended himself. Cops got called he's facing felony charges for the protection order in place. Yet she turned right around 2 days later and bailed him out?! Can this be dismissed because she bailed him out?

    Kelly’s Answer

    NO! And I would add that you are making a life altering mistake by violating that order in even the slightest possible way!

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  • Self surrender for pretrial bond violations?

    I had numerous interlock violations earlier this month and after my Supervision meeting a no bond warrant was issued for my arrest. I plan to self surrender to the court today. What can I expect to happen? Do I need to make a plea in my DWI ...

    Kelly’s Answer

    You should hire an experienced lawyer before making any decisions. There is no way to answer your question without knowing more. Entering a plea is a life altering decision that should not be entered into without expert assistance. Too much is at stake.

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  • I had an car accident in 2014 the other party was at fault. How long does it take to have a settlement?

    I hired and attorney Aug 2014 for my injuries and vehicle damage, went to therapy. All accounts were closed in Nov 2015 and they received compensation from other parties insurance. I was told since January 2016 that they are negotiating to lower t...

    Kelly’s Answer

    The only thing I would add to the great responses you have already received is to make an appointment with your attorney to discuss exactly what is left to do on your case and verify that your attorney is not waiting on additional information from you. It is always a good idea to go over everything and make sure that your attorney has everything they need and verify that the hold up is coming from the other side.

    www.JudgeCase.com

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  • PA attorney with a California DUI question

    Hello, I am an attorney in PA and I have a client who was convicted of a DUI about 30 years ago in California. He said he only paid a fine and did not go to jail. Do any California attorneys know if DUI was a misdemeanor 30 years ago or a just tr...

    Kelly’s Answer

    Your best bet is to go the NCDD website and locate a Claifornia DWI expert and ask them your question directly. That way, you can be sure that you are getting the correct answer as California definitely has some interesting laws.

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  • My husband is in jail for felony dwi how long do they have to indict him. he bonded out but was picked up again

    he was on parole for dwi and his parole officer issued a blue warrant

    Kelly’s Answer

    I sense their is a lot more to this question and I am not sure I have the full explanation of the accusation, but I will answer the easiest question first.

    "How long do they have to indict him?" The code allows for someone to be held without bond for up to 90 days. However, unless your husbands defense attorney makes a motion to set reasonable bond or alternatively, requests some sort of pretrial release, he may sit in jail until the statute of limitations runs, which can vary depending on the level of the offense and how he is indicted.

    What concerns me is your last statement that he "bonded out but was picked up again." I am not sure why he would have been picked up again once bonded out, but there can be numerous reasons for that happening, all of which can be dealt with by a good defense attorney.

    If he does not already have an attorney - what are you waiting for? He is going to need the best defense possible since he is looking at a parole violation with a new charge. Even if he wins the new charge, the Parole Board can still revoke his parole - he needs a lawyer, right now.

    Don't wait - start researching lawyers and find someone that is a DWI expert in your area and can handle parole hearings and get them on his case immediately. Valuable evidence is lost, the longer you delay. Police only collect evidence of guilt - they have no interest in preserving proof of innocence and will sometimes intentionally destroy such evidence very soon after the arrest. Only a good defense attorney can make a defense in this situation.

    Good luck!

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  • Can police make arrest off of just a witness saying he shot me ?

    If the person you got into it with earlier that day says you shot them can they arrest you . I have a aliby on where i was at the time and everything. The victim believe i shot him but does not have proof of evidence just a friend saying it was me...

    Kelly’s Answer

    You have now become a suspect in a felony case. What do you do?

    Hire the best lawyer you can afford, and get ready to fight to the bitter end. There is no easy solution and the case will not just go away so you either prepare to defend yourself the smart way, or learn the hard way that an accusation alone is enough to convict. Good luck.

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