Questions Answered by Steven McNicholl

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

2 Answers | Asked in Criminal Law, DUI / DWI, Family Law and Traffic Tickets for California on
Answered on Jan 19, 2019
Steven McNicholl's answer
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.

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

1 Answer | Asked in DUI / DWI for Oregon on
Answered on Jan 14, 2019
Steven McNicholl's answer
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.

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

1 Answer | Asked in DUI / DWI for Oregon on
Answered on Jan 11, 2019
Steven McNicholl's answer
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.

Q: If pulled over illegally, is the search valid

1 Answer | Asked in DUI / DWI and Federal Crimes for Georgia on
Answered on Jan 10, 2019
Steven McNicholl's answer
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.

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

1 Answer | Asked in DUI / DWI for Arkansas on
Answered on Jan 10, 2019
Steven McNicholl's answer
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.

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

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Answered on Jan 9, 2019
Steven McNicholl's answer
There are no new laws that would affect the time sentenced to served in a 2nd Degree murder case

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

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Answered on Jan 9, 2019
Steven McNicholl's answer
Appeals are handled by the court of appeals. This will be in a different court with different Judges.

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

2 Answers | Asked in Criminal Law and Employment Law for California on
Answered on Jan 9, 2019
Steven McNicholl's answer
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.

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

1 Answer | Asked in Military Law for California on
Answered on Jan 9, 2019
Steven McNicholl's answer
In 2010, President Obama repealed the policy "Don't ask Don't Tell", preventing the military from discharging service men because of sexual preference.

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.

2 Answers | Asked in Personal Injury, Civil Litigation and Civil Rights for California on
Answered on Jan 9, 2019
Steven McNicholl's answer
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 assist you.

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

1 Answer | Asked in Landlord - Tenant for California on
Answered on Jan 9, 2019
Steven McNicholl's answer
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?

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Legal Malpractice for California on
Answered on Jan 9, 2019
Steven McNicholl's answer
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.

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

1 Answer | Asked in DUI / DWI for California on
Answered on Jan 9, 2019
Steven McNicholl's answer
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 depend on the facts and circumstances of your case.

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