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FindLaw_John

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Posts posted by FindLaw_John


  1. diva81370, I'll remind you, per the community guidelines, to keep your comments respectful and to refrain from insulting or disparaging other members.

     

    One can sympathize that this is a difficult time in your life, and as such, you may be sensitive to certain types of comments. That said, it doesn't appear that anyone was attacking you so much as trying to educate you as to the possible consequences of your proposed actions and how those actions could be perceived by those who matter (ex: Judge presiding over your divorce proceedings).


  2. I would encourage you to review the Community Guidelines, particularly as they pertain to solicitation.

     

    As mentioned in the previous thread you posted, if you wish to find law firms in New York, you can use FindLaw's own Lawyer Directory to narrow them down by location and practice area.

     

    This thread will now be locked; please note that multiple violations of our Community Guidelines may result in the suspension of your account's posting privileges.

     

    If you have any questions or concerns, please direct them to our Contact Us page.


  3. kaiser1987 said...

    will I face time in jail?

    Based on the charges you mentioned, it's entirely possible. No one here can say for certain either way though.

    kaiser1987 said...

    do I need a lawyer

    Considering the number of charges and the fact that leaving the scene of an accident is typically considered a serious offense, I would consider it. You can even speak with a New Jersey traffic ticket lawyer by taking advantage of the free consultations that many listed in the FindLaw Directory provide.


  4. soap42 said...

    my son has criminal charges and currently in custody his charges are 39:3-76.2f what is he facing and what degree is the crime? in New Jersey

    In custody? Are you certain you have the right code number? Unless I'm mistaken, the code section you provided is a seatbelt law:

    "39:3-76.2f. Seat belt usage requirements; driver's responsibility.

    2. a. Except as provided in P.L.1983, c.128 (C.39:3-76.2a et al.) for children under eight years of age and weighing less than 80 pounds, all passengers under eight years of age and weighing more than 80 pounds, and all passengers who are at least eight years of age but less than 18 years of age, and each driver and front seat passenger of a passenger automobile operated on a street or highway in this State shall wear a properly adjusted and fastened safety seat belt system as defined by Federal Motor Vehicle Safety Standard Number 209.

    b. The driver of a passenger automobile shall secure or cause to be secured in a properly adjusted and fastened safety seat belt system, as defined by Federal Motor Vehicle Safety Standard Number 209, any passenger who is at least eight years of age but less than 18 years of age.

    c. All rear seat passengers 18 years of age or older of a passenger automobile operated on a street or highway in this State shall wear a properly adjusted and fastened safety seat belt system as defined by Federal Motor Vehicle Safety Standard Number 209.

    For the purposes of the "Passenger Automobile Seat Belt Usage Act," the term "passenger automobile" shall include vans, pick-up trucks, and utility vehicles."


  5. starlight2011 said...

    My husband was indicted for theft of 1,500 to 20,000 in Texas. Can he get probation or does he have to do 2 years in jail? He has not been to court yet.

    Because the theft you described is considered a state jail felony in Texas, your husband is subject to the following sentence:

    "
    . (a) Except as provided by Subsection ©, an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.

    (
    B)
    In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.

    © An individual adjudged guilty of a state jail felony shall be punished for a third degree felony if it is shown on the trial of the offense that:

    (1) a deadly weapon as defined by Section 1.07 was used or exhibited during the commission of the offense or during immediate flight following the commission of the offense, and that the individual used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited; or

    (2) the individual has previously been finally convicted of any felony:

    (A) under Section 21.02 or listed in Section 3g(a)(1), Article 42.12, Code of Criminal Procedure; or

    (
    B)
    for which the judgment contains an affirmative finding under Section 3g(a)(2), Article 42.12, Code of Criminal Procedure."

    As for whether he'll be eligible for probation - probably depends on a variety of factors - prior criminal history, facts of the crime, etc. A Texas criminal defense attorney would be in the best position to tell you whether your husband would be eligible for probation if convicted.


  6. tom1945 said...

    The victim of an assault/battery has chosen to not press charges in favor of acquiring a satisfactory restraining order.

    The question is somewhat flawed; victims don't get to choose whether or not to "press charges." Victims typically file a report with the police who then investigate and forward the matter to the district attorney. The DA then decides whether or not to file charges against a suspect.

    tom1945 said...

    The victim fails to receive / extend a satisfactory restraining order, is he able to then press assault charges?

    I'm not sure exactly what took place here, but the victim ought to report what happened to local law enforcement and/or the prosecutor at any rate.


  7. I'm not certain what a DUI 4 is - could you elaborate? Degree, number of offenses?

    As for how much time you'll spend, your best bet for an answer to this question would be to speak with a local DUI Defense attorney. He or she should be familiar with Kentucky's DUI Laws and procedures and be able to give you a good estimate.

    You can find a Kentucky DUI Defense attorney by using FindLaw's Lawyer Directory. Many of the lawyers listed even offer free consultations. Best of luck, and let us know what you find out.


  8. zolea193 said...

    When the Warranty Company reimbursed the dealer ship for the Warranty the full amount of $2200.00 they only forwarded $1200.00 to my lender and kept $1000.00. Can they legally do this?

    Are you certain it was a "warranty?" The reason I ask is that most warranties don't cover collision damage. Are you sure it wasn't some sort of insurance? Additionally, what was the (loan) financed amount?

    If it was insurance, then it's not surprising that they paid the lender the amount outstanding on the loan. That's typically a requirement of most financing agreements, that vehicle insurance be carried such that the lender gets paid what they're owed in the event of destruction of the collateral.


  9. While I'm unaware of a state law that would prevent you from wearing a mask, you're welcome to review Arkansas's code to see if you can find anything that would prohibit you from doing so.

    Additionally, as you mentioned, you might want to speak with a local criminal defense attorney for an answer. He or she should be able to conduct the necessary research and make you aware of any potential risks (if any).

    You can even speak with an Arkansas criminal defense attorney by taking advantage of the free consultations that many listed in the FindLaw Directory offer. Best of luck, and let us know what you find out.

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