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I come to find out my lawer knew at the time of plea that there was no evidence ,{urine test had been lost} but he didn't tell me and allowed me to ple guilty anyways is there anything I can do now?
answered on Nov 25, 2013
You can complain. the case is over, the appeal period has run. The statute of limitation is probably two years but may still be in effect for up to three years in some cases for a suit for malpractice by your lawyer. You must act quickly as in January 2014 the three years expire as well.
answered on Nov 25, 2013
Under the interstate compact you are nailed in both with DMV consequences to your license based upon the conviction in addition to the criminal penalties imposed by the court.
answered on Nov 25, 2013
for the evading you will be fined not more than five hundred dollars or imprisoned not more than six months or both. The DMV will also suspend your license for 90 days. The DUI is worse and, because of the evading, the state's attorney and/or judge may deny you the alcohol education program,... View More
answered on Nov 25, 2013
It is called an gnition interlock device. With three DUI's you can look forward to a VERY long Suspension then they will most certainly insist.
He was with 2 other boys and he was not drinking. They were also caught with pot, but my son did not have pot on him. I do not think my son was drinking. Can we pleed not guilty?
answered on Nov 25, 2013
absolutely, plead not guilty if he WAS not guilty. Conviction of Possession of alcohol in violation of C.G.S. 30-89 means the DMV must suspend the driver's license and can result in Very stiff insurance costs thereafter that will affect your family. Get him a lawyer.
answered on Nov 25, 2013
Up to ten years in jail (2-4 is typical perhaps even minimal), and suspend your license for one year and require an approved ignition interlock device, as defined in section 14-227j, for a period of two years more.
answered on Nov 25, 2013
14-230 is an infraction - a fine is applied. A DUI can have very serious consequences including jail so that is the one he should worry about
answered on Nov 25, 2013
He may be entitled to apply for accelerated rehabilitation to keep his record clean. A plea of guilty on a first offense usually results in probation and/or fine. At worst a Class A Misdemeanor is up to a year in jail and up to two thousand dollars in fines.
answered on Nov 25, 2013
Yes, The prosecutor must still drop the charges as he represents the state, not the victim. but, as a practical matter, if the witness, "Victim," drops out, the case generally goes too.
answered on Nov 25, 2013
8.4-4 Breach of the Peace in the Second Degree -- § 53a-181 (a) (3)
Revised to June 12, 2009
The defendant is charged [in count __] with breach of the peace in the second degree. The statute defining this offense reads in pertinent as follows:
a person is guilty of breach... View More
answered on Nov 25, 2013
Withdraw: yes, on Hold: only by motion to the court for an attempt at reconciliation for instance. If your spouse filed an answer and counter-complaint, he/she, could proceed on that even if you withdraw.
answered on Nov 25, 2013
If Guilty, you can apply for accelerated rehabilitation to keep your record clean (do restitution, probation and community service). If innocent fight it.
answered on Nov 25, 2013
Sort of, The prosecutor must still drop the charges as he represents the state, not the victim. but, as a practical matter, if the witness, "Victim," drops out, the case generally goes too.
answered on Nov 25, 2013
Depends, If it was dropped by something called a "nolle" which means he prosecutor agrees not to prosecute it remains on file and could be reinstated, usually for cause (like a repeat offense), for 13 months. After that, or if the case is "Dismissed" by the judge, the file will... View More
answered on Nov 25, 2013
There is no rule, you can go away the very first time. Sometimes its mandatory as a crime with a gun (One year mandatory). There is an alternative to incarceration called accelerated Rehabilitation for someone who never committed a crime before. If approved by the judge, you get probation,... View More
answered on Nov 25, 2013
Usually no, but they are separate jurisdictions with different rules you need to review the matter with a lawyer. I have had several cases in Federal court where they dismissed the state charges so I brought them in State court after the verdict on the federal matters. Be careful, the statute of... View More
The plaintiff in my case filed false claims for monies said owed and lied in a proof of claim and I have 100% proff. is that person going to prison ?
answered on Nov 25, 2013
Proof of claim went where? Bankruptcy court? You need to contest the POC or it may be accepted as fact. If he lied under oath, it is perjury and is a felony. Will he go to jail?, maybe. Bill Clinton lied under oath and nothing happened.
answered on Nov 25, 2013
NO. In fact you CANNOT keep her on your policy under insurance law.
You do have to offer COBRA through your employer if she is currently insured under your policy (then She pays)
AND, if the court decides, you may have to pay alimony which could go to help pay for her insurance
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