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My wife had been a gambleholic for the passed 10 years and the passed 2 years she had been drinking almost every night and because she had a bankruptcy few years ago that whipped out all of her gambling dept and she had no way of getting and credit cards so she used my social security number to applied for loans and credit cards for her gambling habits and now I'm in debt for over 100k 'I was a stay at home dad on and off for about 9 years and don't have money for a lawyer ,I try legal aid in Virginia and they could not help me because they said I didn't have a court case and the marriage is contested,what do I do I need help to get my 3 kids back ,she try to put a restringing order on me but I went to court and won and the restringing order was lifted where do I to for help?
Isn't this more of a divorce/custody question?
Is it true that I can't posses a gun or sign anything or vote while I'm intoxicated? Thanks
This is the best question I've ever seen on Avvo. Well played. In fact, you can do a surprising number of things...
Husband is facing a 3rd DWI in ten years in Arlington County, Virginia (felony). Is there hope of reducing it to a misdemeanor?
He was never given a PBT once pulled over by US Park Police (sidenote: he was pulled over in Arlington County). The officer made him do the walk/turn, stand on the foot for 30 seconds and the eye test. He ended up blowing .09 at the station 2 hours after being pulled over for going 40mph in a 30mph in Washington DC. The magistrate also questioned the officer's authority to arrest as his name/number never appeared in the magistrate's database. While this is my husband's 3rd DWI in ten years he has stayed out of trouble for over 6 years so it's not as bad as the 3rd w/n 5. Is there any hope in reducing this charge in Arlington County? We've begun speaking with attorneys and I just need to know if any hope exists in fighting this down to a misdemeanor.
There is always a chance for a reduction or dismissal but there is no guarantee. The best thing to be done is to hire a...
I was charged with DWI 2nd offense within 5 years. At my first court date they nolle prossed the charges and wanted to refile them as a 3rd in 10 years. I was told to turn myself in on the Felony warrant within 48 hours. Upon turning myself in I was issued a Misdemeanor summons and released. On the summons it states that 18.2.266.1 did not hold as charge so it could not be used as a predicate offense. Is there anyway the Commonwealth Attorney can ignore the Magistrate's amended charge and refile as a felony again? Can the same same charge be nolle prossed twice? Also, I was only served a summons for the DWI and not the Refusal to take a Breathalyzer charge. Do they have to serve me the summons on the Refusal in order to charge me?
Yes it can be done twice. No they don't have to serve you with the summons. They can wait until you come to court on...
My boyfriend recently got a 3rd DUI. The first was in VA about 4 years ago, the 2nd was in FL a year and a half ago and this 3rd one just happened here in VA. I have heard that since the laws for DUI s in FL and VA are different, that this 3rd one could be charged as a 2nd instead. Is this true?
His Florida DWI will only make his recent one a third if a Judge rules that the Florida DWI law is substantially...
I have two DWI 1st offenses and was arrested for another. Charged with DWI 2nd can it be amended to 3rd?
In 2007 was convicted of a DWI 1st where I blew a .05 as a minor. In 2010 I was arrested and charged with a DWI 2nd which was amended to a DWI 1st. Last weekend leaving a bar a bouncer told me if I left my car in their parking lot it would get towed. While moving my car a cop approached me and next thing you know I'm taken to jail for felony DWI 3rd and refusal to take a breathalyzer 2nd offense while the cab I called was pulling up. The magistrate changed the charge to a DWI 2nd. When I go to court can they change it back to a felony DWI 3rd ?
Was your first DWI, the one in 2007, a DWI or a "baby DUI"? Under the "baby DUI" law it is illegal for anyone under the...
Here's one for the books. I drank one night but went to sleep around 3:30am and woke up at around 9am. I had to go to a State Trooper barracks in Maryland so they could sign off that I had fixed a mirror on my car that I was given a citation for. I had been charged earlier for defective equipment and it was repaired but was required to have a state trooper verify it was complete. I arrived there at around 10am. While there the trooper that I was talking to noticed the odor of alcohol on me and gave me the field test plus I blew in a breathalyzer. Voila! I was charged with dwi/dui and released twenty minutes later ( I called a taxi to get home). I freely admitted that I drank the night before ( true). Question: I wasn't in the car, therefore; do I have a defense? Or AM I GOING TO JAIL
you drove there. you need an attorney
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