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Re: Ask a defense attorney [Re: Alan Rockefeller]
    #15913176 - 03/07/12 09:37 AM (11 years, 10 months ago)

Here you must go through a bondsman no matter what.

Can you not get your felony arrest record, prints, and DNA record permanently expunged since the case was dropped? You would be able to do it here with the help of the lawyer. It's well worth the lawyer's fees.


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Re: Ask a defense attorney [Re: Enlil]
    #15913410 - 03/07/12 10:54 AM (11 years, 10 months ago)

I apologize for my ignorance on the bond issue. Yes a cash bond in full is allowed here. For non-cash bonds it's very complicated and varies from county to county.

Not to violate your 4th rule, but my state does allow "total" expunction of an arrest. Relevant code: hxxp://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.55.htm . I don't know if we are the odd ball or if there is something similar in California which I think was the question.


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Re: Ask a defense attorney [Re: Enlil]
    #17360286 - 12/09/12 11:15 AM (11 years, 1 month ago)

I was not previously aware that there is some sort of Federal 3 strikes law.

Can you give a basic rundown on this?

It looks like it is not mandatory like certain states. Does it apply to "serious" offenses at the State level or only Federal crimes?


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Re: Ask a defense attorney [Re: Enlil]
    #17445568 - 12/25/12 08:51 AM (11 years, 1 month ago)

True, but it makes things much harder and in cases where you are not already in school or on that path can effectively disqualify you permanently depending on the conviction. In some professions even a felony arrest or charge without conviction could crush your professional aspirations.


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Re: Ask a defense attorney [Re: Enlil]
    #17445642 - 12/25/12 09:19 AM (11 years, 1 month ago)

My friend had a few top 10 law school acceptances rescinded due to his arrest for < 1g of marijuana. Even though he managed a pre-trial diversion and complete that successfully he has been told that when it comes time to get licensed there is a ~40/60 chance his home state  may not grant him a license as a result of the charge.

Medical school applicants often find themselves at an extremely large disadvantage if they have any sort of drug charge especially if it resulted in a conviction. For simple and small things like possession of small amounts of marijuana or other common that disadvantage is not too great, but still present. For anything more significant like a manufacture or distribution charge and especially a conviction you just are not getting in barring some sort of miracle or connection. Even once accepted a marijuana possession charge or DWI/DUI charge (note: not conviction) usually will result in the school rescinding your offer.

All of the language they ask you in the applications is extremely open ended requiring disclosure of charges, no contest pleas, pre-trial diversions, etc. Someone I know was asked to disclose details all moving traffic violations including those that were taken care of with what is known as deferred disposition in his state. He has a completely clean police file and criminal record. No interview at the school where he disclosed his few ancient speeding tickets despite interviews almost everywhere else. Of course he could (and probably should have) lied, but if they find out later then it is grounds for booting you or stripping your MD if you have made it that far.

But medical schools are picky and look for any reason to disqualify you. This year a kid who made no attempt to separate his handle from his real identity his had his acceptance rescinded for flaming people on an internet forum.

Oddly once you are a doctor, a drug charge or even conviction really isn't that bad in comparison. You don't lose your MD/DO, you don't lose your license, and life just kind of goes on. But do it before you have those too letters after your name and you have shot yourself in both feet.

Not a legal disqualification, but kind of a powers-that-be situation.


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Re: Ask a defense attorney [Re: Enlil]
    #17851743 - 02/23/13 10:04 AM (10 years, 10 months ago)

Enlil, in light of the recent court decision could you explain how your legislature even managed to pass the so called "hearsay law". It seems completely unconstitutional. Looking at the facts of that case, there's absolutely no way I could have convicted someone of murder given that "evidence".


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Re: Ask a defense attorney [Re: Enlil]
    #17852886 - 02/23/13 02:47 PM (10 years, 10 months ago)

I'm referring to the Peterson case. Here's an older article at the NYTimes. Looking at more analyses prompted by your response it looks like hearsay is not prohibited per se in other states by the constitution. Here's a link to the full-text of the Illinois law: hxxp://www.scribd.com/doc/17592553/Hearsay-Law-Illinois-public-act-0951004

Even with those comments being admissible with the distinct lack of physical evidence--whether due to innocence or the more likely serious misconduct by the investigators--I don't think I could vote to convict. What a mess of a case.


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Re: Ask an attorney [Re: Enlil]
    #19553268 - 02/11/14 04:45 PM (9 years, 11 months ago)

A few questions that have been on my mind for awhile:

1) I know you enjoy what you do, but given all of the doom and gloom surrounding your profession is going to law school still worth it? And if so under what circumstances?

2) Any advice for recently minted bar-certified lawyers who are struggling to find gainful and steady employment that puts their legal knowledge and skills to good use?

3) A friend who is an attorney recently mentioned the Rice v Paladin Enterprises (aka the Hitman case) during casual after work conversation. I was completely unaware of that case/decision. From my legally uneducated perspective, it seems to set a very dangerous precedent with serious ramifications for posters participating in online forums centered around illegal activity like say the cultivation and manufacture of Schedule I substances. Any thoughts on that?


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