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Everything posted by legalfiction677

  1. From what you described,it sounds like,the owner of the other vehicle,was willing to not involve the Police,since no damage was done to their vehicle,and since you both talked about it,you did not hit the vehicle,then leave the scene,and I wouldn't imagine you would be charged with anything or locked up for what happened. I notice too,you didn't mention,exchanging contact info,but the Police showed up later at your residence to "check on you."So,either you exchanged contact info,or someone else seeing the accident,wrote your tag number down,and called Police.
  2. I'm looking at this very "realistically"meaning,that of all you've told us here,law enforcement,did not pull your name out of a hat.the bomb threat was called in,which then lead to an investigation,which then led to you.after that,you are questioned,and confess to be "partly" involved in the crime,by encouraging it,and implicating someone else,who you then say can't be charged for lack of evidence. Now you know good and well,all between this story you've told us,is some very critical missing parts,you haven't bothered to mention,my whole point being,if your being charged with 1st degree terrorist threatening ,it's because,they have uncovered evidence which has led to you being the sole prep of the crime. If I may,young man,I'd like to give you some very practical advise here.We've all be young,and done some foolish things in our lives,all in the name of "fun,"but in life,we don't have the choice of going back,and "undoing" a foolish act,but what you can,and should do,is be forthcoming,and take responsibility for your actions.It will go a long way when you go to court,to express some remorse for what you done,and the fact that you've never been in trouble before,will likely be took in consideration too. The decision you make now,weather to deny responsibility for what you did,or "man up",and show remorse before the court,may well impact on weather the judge shows you some leniency or deals with you harshly at sentencing.
  3. You are quite welcome,and that's what I'm here for,hope everything works out for you.
  4. This is one of those case's where you really need a direct answer from your Attorney who represented you,as they are in the best position to know what Indiana law allows,and the procedures,if allowed,for making such a transfer.
  5. Hello there Sir/Mam: You have what is known as a "detainer" on you,as a result of the new charges,while being on probation.That basically means,that even though you have a bond for the new charges,you still cannot be released,pending a probation revocation hearing. No one can answer with any certainty,about how long you may have to wait in jail,pending this hearing,and added to that,is the possible criminal trial for the new charges.. As to the seriousness of commiting other crimes,weather felony,or misdemeanors,these kind of violations are of the very worse you can do,while being on probation.One thing you should keep in mind is,that regardless of weather you are convicted on these felony charges,your probation can still,and probably will be revoked.This is because,the standard of proof is different,and you have already lost any credibility,as a result of your prior conviction.So all I can say to you,is hope for the best,but expect the worse. Here in Georgia,you are entitled to have an Attorney appointed to represent you in your revocation hearing,if you are indigent,and so request one.
  6. Hello there Mam: This seems a little confusing to me.If he was released on the 2 year part of his sentence after 10 months,and placed on a house monitor,ordinarily,after a specified time of being on the monitor,that would complete his 2 year part of the sentence,but then you say,he was just sent back,Why,was he sent back?
  7. What you should understand about Probation/Parole,is that is a privilege,and not a right,so when you've been given a chance to serve out your sentence in the community,instead of in prison,you have to walk a fine line,and follow all the basic conditions associated with all probationers,as well as any special conditions imposed by the court.Failure to do so,can result in your Probation Officer,recommending a variety of actions,including,revoking some,or all your probation,or having more,or stricter conditions imposed. It's largely a "discretionary" matter,within the law,more than any particular law,that governs what can happen,so,no one here can predict with any certainty what will happen in your particular case,but I strongly suggest,that if given another chance,and they tell you to "jump," you need to say,"How High," until you complete your probation period. Always remember,when on probation,you have one foot in prison,and the other on a banana peeling.
  8. As I told you in my previous post's,you should consult with a criminal defense attorney in OK,where he was convicted.An attorney there will be able to tell you precisely what the law was for tier 3 sex offenders,and weather he's lying to you now about having 'taken care" of it. My post's and the link I provided for you,was only intended to be a general guide for you,and basically that is the limited purpose of this forum,to give general guidance,and not "legal advise," concerning the issues that people have on here. As far as your Son is concerned and the relationship that your ex is trying to have with him.Regardless of what good he is trying to do for him,after molesting his own daughter,you shouldn't want him within 1,000,000 miles of your Son,and your first post's,you indicated,you felt he was a bad influence on him,and that since hanging out with your ex,he's be acting out,with aggressive behavior.Don't be so naive,as to think,he wouldn't harm your son sexually,especially with his disability. You need to do whatever is "legally" necessary to protect your child,to insure he's never subjected to the same sexual abuse,as his 5 year old daughter was.
  9. One more thing,to keep in mind.Under no circumstances,should you plead guilty to speeding.Your plea should either be "not guilty,"or "Nolo contendere," also referred to as "no contest."the latter plea,basically means,you do not wish to "contest" the charge,and are not expressly admitting guilt or innocence.Legally though,it has the same effect as a guilty plea,but cannot be used against you in a subsequent civil trial. you can only do this though,if NY,allows such a plea,and only with the court's permission.
  10. Hello there Sir/Mam: sorry about your injuries you suffered from this accident,sounds terrible.First off,I would seriously consider hiring an Attorney,to represent you in this matter,if you can possibly afford one,and yes,I do believe it's worth fighting.No doubt,you will want to sue the other driver to recover for damages to your car,and the injuries you have suffered for his role in causing this accident,including wages you've lost from work.However,if the Judge determines that you were indeed at fault as well for speeding,than this will have a negative impact on the amount you will be able to recover in the civil case.This is what is known as "contributory liability,"meaning that both you,and the other driver were jointly at fault,and it it will affect the total amount you will be awarded by a certain percentage,determined by a Jury. As far as the Summons goes,minor clerical errors,such as the one you mentioned,do not invalidate the Summons,or your responsibility to appear on your court date. With regards to the black box,they probably need no more than a court order to seize it.Most likely,a reconstruction of the accident has been done,and from that investigation,you were determined to be speeding,so getting a court order for the box would not be a problem. Again,i would hire a lawyer,and also speak with a Personal Injury Attorney as well.Good luck to you,and hope this all works out for you.
  11. Hello there Sir: I have to say here,for starters,yous statement here doesn't make a lot of sense.You were scared into accepting a plea,because your lawyer,and the prosecutor,wanted to "make an example of you." You accepted a plea agreement,and the judge gave you the max,and you served 17 years.What was the terms of the plea agreement,and did you not expect to get what you agreed to?I I'm not sure weather the Judge should have recused himself or not because of a prior child custody case,which he may or may not have even remembered depending on just how long it was between the two cases.The fact that you were given the max on all charges though becomes irrelevant though,if say,your plea agreement,included no specific sentence,and no recommendation from the state with regards to a particular sentence.Absent,a particular sentence agreed to by you and the prosecutor,"sentencing" was left entirely up to the Judge.
  12. Calm down Sir.You already admitted you takeing prescribed medication,and that test results revealed these same medications that you are currently taking.The medications you spoke of,will remain in your blood,even if you did miss a few doses,though they may not have caused any impairment in your driving. No one here is saying your lying,and you may want to ask your attorney about any evidence of the officer's dash cam.Very often,an officer will turn it on,to have as evidence of impaired driving,such as weaving,running a stop sign or red light.If in your case there isn't any such evidence,I would have to say,I would find that very suspect on the officer's part,as it's pretty standard procedure to have the cam running during DUI/DWI stops,makes good common sense as well. I do hope sir,that you are telling us everything that happened,and consult with your attorney.If you feel so strongly,that the officer had no good reason for stopping you,and you were not impaired in your driving,I would suggest you file a formal complaint against that officer,who knows,a pattern of unlawful stops might emerge with regards to that particular officer,good luck to you,Sir.
  13. Hello there Mam: I do not know OK,law,and I would advise you to consult with a Criminal Defense Attorney,who can tell you the specifics on the law regarding having to register as a sex offender,as each jurisdiction has their own particular requirements for registering,and the time period for being on the registry That said,it appears from the link which I provided below,that for a level 3 sex offender under OK,law,your ex would be required to register for life,which means,he lying when he told you he had it took care,but laws constantly change or modified,so the info may not be correct,and you should still consult with an Attorney in OK on this matter. Another thing you should keep in mind is,it doesn't matter where your ex moves to in the country,as long as he's legally still on the registry,he would be required to register in the current jurisdiction. .
  14. What typically happens when someone has a warrant in one jurisdiction,and is arrested in another,is,the officer or perhaps his supervisor,will call the other jurisdiction,and ask them if they want them to hold the arrestee on the outstanding warrant,pending extradition,or not. The fact that the hold was released,could simply just mean,CA,had no intention on extraditing your friend back to their jurisdiction,not that the warrant has been dismissed.Your friend might want to consult with a Criminal Defense Attorney,back in the county where the warrant was issued to see,if it has in fact been dismissed,otherwise,she,could be arrested,and held as previously,should the warrant still show up in their system. One other thing,is,it doesn't matter where she goes in the country,that fugitive warrant will follow here,as it's in a national database known as NCIC(National Crime Information Center.)
  15. You might also be very surprised to know,that double jeopardy does not apply even for someone tried,three(3) times,where both guilty and not guilty verdicts were rendered.Such was the case of Timothy Hennis,who was convicted in a military tribunal in 2006 of killing Kathryn Eastburn,and her two daughters,but was first tried twice in state court,with the first trial being found guilty,and the second acquitted. He was the first such person in US history to be tried in this manner,but this case had some unusual circumstances involved in it as well,and it is rare for the feds to step in,after a state conviction has been obtained,but sometimes they will when they feel an injustice has been done. Here's the link where you can read this story.
  16. WOW,! if that's true,I think such a law would be extremely difficult to enforce.except for certain groups such as Teachers,Doctors,etc.
  17. OMG: The crime of opening old threads has just been committed on here,Class-A Felony,and totally "unforgivable, Seventeen(17) students were just gunned down in florida,because a mentally disturbed young man,was able to buy a AR-15 rifle,and go on a shooting rampage,leaving the victims families devasted,but that is sooo small in comparison to opening an old thread. just thought I'd voice my thoughts,on what I think about the utter triviality,and yes,on an old forum.
  18. This is definitely a scam.I've heard about 'scammers" like this calling people during tax season telling them they had a warrant for their arrest,if they didn't make a payment for unpaid taxes,which is not how the IRS operates.Some clues to spotting this illegal activity is the so called agency asking you to give or confirm personal information such as your bank account number,SSN,and credit card(s) numbers.Also,they call from a private number,or a spoof one,that you cannot identify.Be very wary of scams like this,and never give out any personal information.I would also call,and file a police report on the incident.
  19. Hello there Sir: It would help us on here,if you wouldn't mind being a little more clearer,and provide some detail as to what this "new law" is about.
  20. How much more pleasant this forum could be,if only people on here would learn some "tact,"and due respect to others who post here,instead of interjecting their own personal feelings,and opinions,"personally" against the posters. Oh me,just had to chime in with my own two cents worth,so as not to be left out,you know.
  21. Depending on the jurisdiction,which you failed to mention,there may/may not be a State law which requires you to report suspected criminal activity of this sort,but that aside,as a the morally right thing to do,It would personally bother me,to know such a defenseless individual was being so abused,and reporting it,is really a "no brainer."
  22. Legalwriterone: Beyond the 60 day suspension,he has almost a year of drivers license restriction,that seems to be what he wanting to appeal. If Michigan Court rules do not allow for an appeal based on a plea of guilty or nolo contendere,and the op entered a plea agreement,than everything else is irrelevant as to any appeal.
  23. If you will note my post above,I provided you the answer to those questions.
  24. Hi There: I cannot speak to Michigan laws,but generally speaking,if the sentence part of your conviction could have been appealed,there would have had to been a basic in law for an appeal,such as you were incorrectly sentenced under the code section under which you were convicted.Second,appeals,have time limits,usually 30/60 days to file an appeal,and this being February,you may have exceeded the time limit,depending on what Michigan allows. I understand your business requires you to do a lot of driving,and the driving restrictions imposed by the court may have an effect on your job,and income,but such inconveniences,and effects on your job,would not be grounds for an appeal,and as you say,your previous conviction was,no doubt factored in during sentencing.
  25. Hi There: first off,you need to understand the basic purpose of what discovery is for.In the context of a criminal trial,it is for both the prosecution,and the defense attorney to learn(discover) what evidence each side has,and will ultimately present at trial to prove it case. The next thing is,because,you may end up taking a plea deal,instead of going to trial,discovery of the state's case-in-chief,would become irrelevant,since your guilty plea agreement,takes the burden of proof to prove your guilt off the prosecutor. Well,while that may have been the case in Maine,laws,and procedures vary by jurisdiction,and some District Attorneys Offices,do have an "open book" policy,on providing what the state has in it's files,but you are presently in N.H.,and are represented by counsel,so they probably have a policy there to only show your Attorney,all the evidence against you,but here again,if you end up taking a plea,not having copies of the state's file,is irrelevant,and does not do you any harm.