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Contingent Fees In Consumer Law Cases involving FDCPA, FCRA, or Fraud.
Jurisdictions Admitted to Practice
Owner, Principal Attorney
The Law Office of W. Christopher Weaver, PC
My firm handles consumer protection cases, particularly consumer bankruptcy, as well as criminal defense cases.
The Jefferson County Public Defender Office
Within one year. I defended over 400 clients with more than 1000 criminal charges and other legal issues.
Jefferson County Clerks Office
Reviewed arrest warrants for probable cause. Only resigned after clerk gave ultimatum if I refused to sign another warrant request. At that time, I had refused four warrant requests for lacking in probable cause from more than four-hundred
Jefferson County Commission
I reviewed and analyzed more than 600 former claims of employment discrimination from 2010-2014 filed by public sector employees of the Jefferson County Commission.
State Parole and Probation Officer
Alabama Board of Pardons and Paroles
Served as a state certified law enforcement officer in Jefferson County, Alabama
J.D. (2013) | Law
Jacksonville State University
Alabama Peace Officer Standards and Training Certification (2008) | Law Enforcement
University of Alabama - Birmingham
B.A. (2007) | Political Science
Magic City Bar Association
Alabama State Bar
Birmingham Bar Association
Young Lawyers Committee, Consumer Bankrutpcy Committee
Alabama State Bar
Birmingham Bar Association
Consumer Bankruptcy Committee
Alabama State Bar Volunteer Lawyers Program
National Association of Consumer Bankruptcy Attorneys
A: Well, first off...may not be the best idea to converse with the police when you are in the possession of marijuana. That officer's job was to arrest you and charge you with a crime, not to be your friend and help you out. He did his job, clearly, by arresting you and charging you with a crime. If he really wanted to help you, he wouldn't have filed the citation with his local magistrate with a request that you be officially charged. But he did... (i'm saying he... could be she...but you get my point). Those aren't the kind of friends that I would want, personally.
On to the question. The UPOM2 and the UPDP are both misdemeanors. This means that if found guilty (and we gotta lean towards that being a probability given your chumminess with law enforcement, the law won't allow for anything over a year in county jail. That said, unless you have multiple drug offenses on your rap sheet, you could probably avoid any jail time whatsoever, and be placed on probation (a good attorney will try to negotiate one of those misdemeanors to be dismissed regardless. since you face the same punish for both...neither enhance the other, they just make your public record/credit report suck. ). The unfortunate thing about probation in muni court...alot of those courts still hire out to private companies for probation. Those private companies charge ridiculous amounts to the probationer and then request jail time if you cannot cover fees. You definitely want an attorney there to argue the law to avoid you going to jail for a financial matter. Potentially could get the case dismissed...i don't know your facts...
You say that you don't have the money for a lawyer. I'd offer that some attorneys charge less for lower level offenses such as this. And many attorneys allow for bartering (or trading) an item of value for their services. Look into it man. Best of luck.
A: You can hire an attorney to file a motion requesting that her bond be reinstated. Typically probation violations automatically result in a "no bond" decision by the court. The whole point of bond is to make sure that you show up to your next court date. Here, that isn't a certainity, as she didn't show up for two appointed assessment visits and she also failed to report to the probation officer. Whatever you do, it wouldn't be smart to tell the court, as you did here" "we had some problems.... and forgot...) Everybody has problems. Everybody forgets things. But very few people forget responsibilities to follow judges orders or go to jail.
Whether the court lets her out before October 17th is questionable. If she didn't have an attorney at the initial pleadings, and you hire an attorney this time around, she may have a better shot.
If you want her bond reinstated, there are likely some actions you're going to need to take on her behalf. Get her enrolled in an outpatient treatment facility (if it is just marijuana. If more than that, get her enrolled in a state-sponsored instate facility. Have a place for her to stay, and if you are doing drugs as well, as the officer inferred, you need to do the same for yourself, or else you're jsut going to to continue in a cylce that does nothing but put you further and further in debt, gives you more and more of a criminal record, and never allows you to get out in front. Understand, I make money from people who do this to themselves, but it is a sad sight.
Long story short, have a reasonable place for her to stay, have a treatment facility ready to take her in, hire an attorney who understands probation matters, and best of luck to you.
A: This really depends on a few things, including but not limited to: the reason for the court date, any plea agreements, whether you are on probation, and a host more potential issues. Here's a scenario:
Andy is charged and found guilty of Unlawful Possession of a Controlled Substance. He is granted probation. The Probation Officer discovers that Andy is trying to adulterate or compromise a urine sample, and the officer arrests Andy and places him in the county jail. It's now time for Andy's court date. Can the judge who granted him probation demand a urine sample?
Given normal circumstances, yes. Andy failed to provide a sample at the probation officer's instruction. The probation officer is an officer of the court. Additionally, his violating his probation agreement by adulterating his urine would likely have been done for a reason, and as he is not in prison per a judge's order, that same judge who granted him probation can demand that Andy test, presuming she sees reason to do so.
What if Andy had done nothing wrong? He's still on probation, so the court can bring him in to drug test. Whether he has to submit to this test is a bit questionable. I'd ere on the side of caution and say yes, only because he is a probationer, and many of his constitutional rights are on hold. Now, if Andy wasn't on probation, and he was told by a judge to drug test at the pretrial date regarding a case about....i don't know, stolen shoelaces or something, can the judge do that? I know a judge who will do that without hesitation, and her rationale is that it would be a violation of that person's bond if he was dirty, so she is looking into whether the client violated his bond. I whole heartedly disagree with her in this area, in that the judge is a finder of law and potential finder of fact, she is not the person gathering the evidence though. Her acting so in this capacity goes beyond the parameters that her position allows.
Long story short, it depends on a lot of different factors.
I hope I didn't confuse you more.
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