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Questions Answered by Steven McNicholl

2 Answers | Asked in Criminal Law, DUI / DWI, Family Law and Traffic Tickets for California on

Q: California dept of child support services license reinstatement , effective when they release or when DMV reinstates ?

My license was suspended for falling behind $30 on child support. As a deadbeat father who drives commercially for a living , I understand that this punishment of losing my livelihood is well deserved. Since it made no sense at all to the representative I spoke to at DCSS that this suspension took... Read more »

Steven McNicholl answered on Jan 19, 2019

The DMV is its own separate system from the court and DCSS. You need to contact the DMV to determine the status of your license and reinstate through them. Nothing outside the DMV will automatically reinstate your drivers license.

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1 Answer | Asked in DUI / DWI for Oregon on

Q: Court entered judgement for DUII including fine and license suspension. Can it change the conviction to make it harsher?

The fine listed in the conviction is less than it should have been according to BAC guidelines. The court is also attempting to invoke lifetime revocation of driving privileges based on inaccurate interpretation by prosecution of previous DUI's. Is it legal for the court to go back and change the... Read more »

Steven McNicholl answered on Jan 14, 2019

Generally no, when the court enters the terms of the plea agreement into the system, it becomes permanent. There are always exception to the rules, an attorney can go through your specific facts to determine if an exception applies.

1 Answer | Asked in DUI / DWI for Oregon on

Q: I missed my first court appearance for a DUI charge in Oregon. Going to court tommorrow with my lawyer.

I had taken time off work on the 9th and somehow had it stuck in my head that the date was the ninth and that's what I had told my lawyer. When I called him today he told me I missed my date today and I have a bench warrant. What should I expect in the morning?

Steven McNicholl answered on Jan 11, 2019

It will depend on the court. One of two things will happen, the bench warrant will be removed and a date will be set or you will be taken into custody until bail is posted if available to you.

1 Answer | Asked in DUI / DWI and Federal Crimes for Georgia on

Q: If pulled over illegally, is the search valid

Steven McNicholl answered on Jan 10, 2019

Generally the seizure (pulling over) and the search must be valid. Every rule has many exceptions, it would depend on the specific facts of the case to determine if the search was valid.

1 Answer | Asked in DUI / DWI for Arkansas on

Q: My 23 y.o. daughter went drinking w/friends. When she was ready to leave, called b.f to come get her. She sat in her car

And started it to stay warm. She was approached by Leo and arrested for dwi. They talked to b.f. who was almost there- arrested her anyway. Put her in jail for 12 hours with no call. The lawyer she has seen thinks she should plead guilty. I disagree. What do you think ? She has never been in... Read more »

Steven McNicholl answered on Jan 10, 2019

Ultimately it is up to her whether she should fight the case. DWIs can be very fight -able depending on the facts. She should ask her attorney about his reasoning for wishing to plead guilty, there could be a valid reason.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on

Q: Hello is there any new law in California that can help second degree murder find relief?

My brother was sentenced to 65 to life for 2nd degree murder. Doubled due to 2 strikes and 25 to life for gun. Plus 10 years for attempted involuntary manslaughter on a stray bullet that hit the other victim who was also apart of the ordeal in the Hotel room. Arrested in 1999 sentenced in 2004. No... Read more »

Steven McNicholl answered on Jan 9, 2019

There are no new laws that would affect the time sentenced to served in a 2nd Degree murder case

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for California on

Q: If the court lied about a pitchess motion, and on appeal we we have another. Shouldn't I have a new judge

I have a court date January 4th 2019 for a new pitchess motion. And the same court house is going to do the pitchess motion. They have already lied in the first one thats why were having another. what makes you think that they won't lie in the second one? the judge which has already proven to be... Read more »

Steven McNicholl answered on Jan 9, 2019

Appeals are handled by the court of appeals. This will be in a different court with different Judges.

2 Answers | Asked in Criminal Law and Employment Law for California on

Q: Ca expunged misdmeanor in 2010. Original conviction In 2008. New employer running LiveScan. Can they use against me?

Steven McNicholl answered on Jan 9, 2019

After a crime is expunged, the fact that it was expunged will still remain on your record and is likely to still show up in a background check.

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1 Answer | Asked in Military Law for California on

Q: I was discharged from my military unit and I'm pretty sure it's because I'm gay. Can they still do that?

Steven McNicholl answered on Jan 9, 2019

In 2010, President Obama repealed the policy "Don't ask Don't Tell", preventing the military from discharging service men because of sexual preference.

2 Answers | Asked in Personal Injury, Civil Litigation and Civil Rights for California on

Q: What kind of attorney do i need? If a well known Hotel throw all of my belongings including my sons ashes in the trash.

There policy is hold guest belongings for 90 days they did not wait 1 day. I need an Attorney i dont want this hotel getting away with this im devastated all I care about is my babys ashes someone needs to pay how can you put a price on ashes.

Steven McNicholl answered on Jan 9, 2019

It will depend on the amount of damages you wish to claim. In California, if you claim damages of less than $10,000 you will likely be in small claims court. There are attorney's that help with small claims court cases. If you claim an amount greater than that you would need a civil attorney to... Read more »

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1 Answer | Asked in Landlord - Tenant for California on

Q: 3 day notice does not include city ordinance clause. Trial date coming up

I served a three day notice, tenant ignored and almost three months later we have the trial date coming up. The mediator said the notice is incorrect and I would lose the case. Can I serve him again before trial, is it very likely the case will be dismissed because of it?

Steven McNicholl answered on Jan 9, 2019

In order to properly evict a tenant, typically the three day notice must be properly served prior to pursuing the unlawful detainer. If notice was indeed improper than it will be a defense for the tenant. The case will not be automatically dismissed but it would be an issue at trial.

Q: 2012,13, 15 were consaldated. Does statute of limitations matter when your not covicted until 2017? What's fair?

I was arrested in 2015 while fighting cases from 2012. then arrested again in 2013, this time I was threatened. Then in 2015 while fighting the cases from 2012,13, the same sheriff's who threatend me came back to my house May 9th 2015 where on good faith I let them in to do there job. I was... Read more »

Steven McNicholl answered on Jan 9, 2019

Your claim against the police officers would be a civil claim under injury to person. You must pursue your claim within two years in the State of California. After two years, it will be difficult or impossible to make your claim.

1 Answer | Asked in DUI / DWI for California on

Q: I missed the day to sign up for dui classes and I was told to ask judge for an extension will I be arrested if I go to

I was told I had to put myself back on the calendar to request an exention. Is there a possibility I will be taken into custody for failing to comply. I’m a week and a half over the date I should have signed up by.

Steven McNicholl answered on Jan 9, 2019

By not signing up for the DUI class you are in violation of probation. Many factors will determine if you are taken into custody. It is possible that the District Attorney will reinstate the terms of your probation, meaning the original terms will still be put back in effect. It will largely... Read more »

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