Hamilton Crime

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Hamilton Law

Can a judge suspend a sentence if there is a mandatory minimum with the charge?
If the charges for a defendant carry a mandatory minimum can a judge suspend them? For instance if a charge carries a five year mandatory minimum can a judge suspend the sentence to less than five years?
No, judge is required to give at least the mandatory minimum.
How do I get a DUI from 2014 expunged from my record in VA?
I received a DUI after leaving my residence in a hurry and to save my life. I was being severely abused by my husband and we had a daughter together. She thank goodness was at my parents house, I dropped her off there Friday night. I went back home Friday night so I wouldn't alarm him and so I could pack up our things on saturday and leave while my husband was gone. It was saturday afternoon and my husband left as usual to go work out and he was usually gone for 3-4 hours on those days. So I had a plan to leave while he was gone so things wouldn't esculate again. I had a broken rib and in pain from his prior attack. I had a few glasses of wine but wasn't planning on driving anywhere. I was packing things up very quickly so I could leave with my father when he arrived in that hour. However, my husband came home early (as if he knew I was leaving) I was upstairs packing a bag and he attacked me again, threw me down the stairs. He was going nuts and yelling, I saw my keys by the door and grabbed them and left running from him. He chased after me, but I managed to get in the car and drive off. I was going to my folks when I slipped on ice and hit a parked car. cops came?
You don't say whether the case is still pending or has been resolved. In order to be eligible for an expungement the...
How can I get a "No Trade Dress" charge dismissed?
I am an Uber driver who was given a summons for "No Trade Dress" while parked at Dulles in the parking lot where uber drivers wait. I was not trying to get a ride. My app was off for 3 hours. I needed to pull over and park because I was too tired to drive. I do not have TNC registration because I am allowed to drop off in VA. But the officer was initially talking to me because he thought I was parked illegally, not because there was any indication that I was an Uber driver. I told him I was there because I drove someone for an hour from DC to Dulles and needed to rest before getting back on road. He said that dropping off is still not allowed even if coming from another state. That is incorrect. It is being charged as a misdemeanor.
Will Uber provide you with an attorney? Sounds like you and many other drivers for them might have this problem. If...
I want to renew my DACA but I got arrested for being drunk in public, would that be bad to do it?
I already have a reckless driving in my record and the drunk in public is going to get dismissed , but It'll be after I renew my DACA. Would I have a problem with that?
Your question should be addressed with an immigration lawyer if by DACA you mean Deferred Action for Childhood Arrivals....
Is my 2nd dui i dont want to go to jail can i ask for hauase arrrest
2nd dui crash my car my blood level was 0.14 i just
Rarely is house arrest instead of active jail granted by the courts, especially in DUI cases. Your situation sounds...
Will i be drug tested at court for a reckless driving charge?
I was picking up two of my friends at mcdonalds. I was parked and when they got in i was pulling out when i turned to quickly and clipped a parked car. There was no damage to my car other than a flat tire but the front bumper came off of the other car No one got hurt though. I wasnt under the influence while i was driving. I was driving with only my learners permit on me and when the cops came i told them that immediatly, just thought it would cushion the blow.. anyway the cops said since i was on private property i was only being charged with reckless driving. They didnt mention anything about drugs or alcohol. I dont ever drive while high but occasionaly i like to smoke. Will they test me at my court date? also what can i excpect punishment wise if i have no prior charges? ps i no longer drive without my permit and plan to pay for both the damage to my car and the car i hit
I would hope that your very detailed and self-admitting posting on AVVO does not lead to a drug test if convicted and...
If a cop doesn't give you a DUI at the scene or inform you of your BAC or results of your other tests, what should I do?
I was given a reckless driving and possession of alcohol ticket. I am 19 and my parents don't know that I was drinking while driving. I have been told my BAC will be brought up in court, but I wasn't given it. I was given other tests and wasn't told if I passed. I understand they tried to give me another chance by not charging me with a DUI, but can they still when I get to court. I have never had any prior charges with the law of any sort and have good grades and no accidents prior to this. I understand I deserve a punishment but would like to understand to what extent this could be. While the punishment does vary judge to judge, I was wondering if this will get taken off my record somehow since it is NOT a felony because they didn't charge me with a DUI.
Go ahead and tell your parents about this. They will help you hire a good lawyer. A conviction for this will stay on...