Patrick DiChiro's answer HE IS LOOKING AT BEING CHARGED WITH DUS. DEPENDING ON THE TYPE OF DUS HE IS CHARGED WITH, SOME ARE MISDEMEANORS OF THE FIRST DEGREE AND CARRY A POTENTIAL PENALTY OF UP TO A $1,000.00 FINE AND UP TO 180 DAYS JAIL. HOWEVER, SOME ARE UNCLASSIFIED MISDEMEANORS, AND THEY CARRY UP TO A $1,000.00 FINE, NO JAIL, BUT A POTENTIAL OF 0-500 HOURS OF COMMUNITY SERVICE.
AS FOR THE SEATBELTY, THEY ARE USUALLY MINOR MISDEMEANORS AND CARRY ONLY A FINE.
Patrick DiChiro's answer Of course. She has dissipated a marital asset. I would look into the transfer because it appears to be fraudulent and in anticipation of the divorce filing. I would also find a good lawyer to represent you and a good business appraiser in order to appraise the business.
Patrick DiChiro's answer BEING CHARGED WITH A CRIME IS DIFFERENT THAN BEING FOUND GUILTY. IF THE POLICE BELIEVE THEY HAVE PROBABLE CAUSE, THEY CAN CHARGE YOU WITH A CRIME. PROBABLE CAUSE TO ARREST IS A LOWER STANDARD THAN BEYOND A REASONABLE DOUBT, WHICH IS THE BURDEN OF PROOF THAT A PROSECUTOR WOULD NEED TO MEET IN ORDER TO FIND YOU GUILTY OF THE CRIME.
SO, THE FACT THAT YOU DID NOT KNOW HE IS STEALING WOULD BE YOUR DEFENSE, AND YOU WOULD BUILD YOUR DEFENSE AROUND THAT.
Patrick DiChiro's answer WELL, DEPENDING ON THE CHARGE, FORGERY IS USUALLY A FELONY OF THE FIFTH DEGREE, FOURTH DEGREE OR THIRD DEGRESS. A FIFTH DEGREE FELONY IS PUNISHABLE BY UP TO 12 MONTHS JAIL AND $2500.00 FINE. A FOURTH DEGREE FELONEY IS PUNISHABLE BY UP TO 18 MONTHS JAIL AND $5,000.00 FINE. THERE IS NO MANDATORY TIME WITH EITHER, SO YOU CAN GET PROBATION. THE HIGHER OFFENSES GET A LITTLE MORE TRICKY.
Patrick DiChiro's answer IF YOUR ELIGIBLE FOR EXPUNGEMENT OF THE WEAPONS CHARGE, THEN YOUR ABILITY TO GET A FIREARM WILL DEPEND UPON WHAT ELSE YOU HAVE ON YOUR RECORD AND WHETHER YOU WILL CLEAR A "BRADY" CHECK. I BELIEVE YOU STAND A GOOD CHANCE. I AM NOT SURE IF AN APPLICATION TO OBTAIN A FIREARM HAS ANY QUESTION THAT REFERENCES WHETHER YOU HAVE HAD AN EXPUNGEMENT. IF IT DOES NOT, THEN I THING YOU HAVE A GOOD CHANCE.
Patrick DiChiro's answer A HIGH END IS ALWAYS MORE DIFFICULT TO REDUCE. THE BEST WAY TO FIGHT IT IS IF YOU HAVE AN ISSUE SUCH AS REASONABLE SUSPICION FOR THE STOP OR PROBABLE CAUSE FOR THE ARREST. ALSO, WERE THERE FIELD SOBRIETY TESTS AND DID THE OFFICER EXECUTE THE INSTRUCTIONS ACCORDING TO THE NHTSA MANUAL.
THAT IS JUST A FEW WAYS YOU CAN CHALLENGE THE OVI. AND IF YOUR CHALLENGE HAS SOME MERIT, YOU MAY GET A REDUCTION.
Patrick DiChiro's answer THERE ARE A LOT OF FACTORS. MOST COUNTIES HAVE A BOND COMMISSIONER WHO EVALUATES THE DEFENDANT AND DETERMINES WHAT THE BOND SHOULD BE. HE OR SHE LOOKS AT MANY THINGS SUCH A PRIOR CRIMINAL HISTORY AND THE SEVERITY OF THE CURRENT CHARGE, AMONG OTHER FACTORS.
IT IS POSSIBLE THAT IF YOU PICKED UP THE FELONY 3 AFTER THE FELONY 2, THAT YOUR BOND WENT UP BECAUSE OF A NEW CHARGE. IT IS A BIT FUNNY BECAUSE THE 2ND CHARGE IS LOWER THAN THE FIRST.
Patrick DiChiro's answer THERE ARE A LOT OF FACTORS TO CONSIDER WHETHER YOU ARE ELIGIBLE FOR A REDUCTION. DID YOU BLOW? IF SO, HOW HIGH? DID YOU REFUSE? HOW DID YOU DO ON THE FIELD SOBRIETY TESTS? WHAT WAS THE REASON FOR THE STOP?
IN ADDITION, THE COURT YOU ARE IN IS ALSO A FACTOR.
IT DOES HELP THAT IT IS YOUR FIRST AND YOU HAVE NO OTHER OFFENSES.
PLEASE CONTACT COUNSEL WHO CAN EVALUATE YOUR CASE.
Patrick DiChiro's answer FIRST OFF, GIVE NO VERBAL OR ORAL STATEMENTS. IF YOU ARE INDICTED, FIND OUT WHAT THEY HAVE FIRST BEFORE YOU SET UP YOUR DEFENSE. OBTAIN COUNSEL TO DO THIS. BEFORE YOU START ARGUING YOUR CASE, FIND OUT WHAT THEY HAVE. THINK OF THIS AS A POKER MATCH, WOULDN'T YOU LIKE TO KNOW WHAT YOUR OPPONENT HAS BEFORE YOU BET YOUR HAND!! OF COURSE.
THAT'S HOW YOU START TO DEFEND YOUR CASE. THEN, YOU FIGURE OUT HOW TO BEAT IT.
Patrick DiChiro's answer THEY MAY NOT BE ABLE TO CITE BECAUSE IT IS PRIVATE PROPERTY. BUT THAT DOES NOT PROHIBIT YOU FROM FILING A CIVIL LAWSUIT FOR DAMAGES. ESPECIALLY IF YOU THINK YOU WERE NOT AT FAULT.
I SUGGEST YOU CONTACT AN ATTORNEY WHO CAN HELP YOU.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.