Ross Matuszak

Ross Matuszak

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Claimed Lawyer ProfileQ&ASocial MediaResponsive Law
Education
Nashville School of Law
J.D. | Law
Honors: Recipient of the John B. Downey Scholarship
Activities: Member of the Honor Council
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  • English: Spoken, Written
Legal Answers
Q. Can I get a prelim hearing involving dcs rescheduled?
A: Thank you for your question. If you have a hearing scheduled, it is up to the Judge whether or not to allow a continuance. If you want to change attorneys, you should start contacting attorneys that you may want to hire immediately.

Once you consult with and hire an attorney, the new attorney can file a motion to substitute themselves for your current appointed attorney and a motion to continue your case. If you change attorneys, the Judge may give your new attorney some time to review the file if necessary. However, if you show up for court, ask to fire a court appointed attorney and ask for more time to hire another attorney, the court may not allow that.

Granting a continuance usually lies in the discretion of the court. The decision is fact driven, so be sure to discuss the facts of your case and any other hearings that you have had in your current case with your new attorney. ... Read More
Q. My fiancé and I had a fight. Someone called the police on us because he pushed me and was trying to protect himself.
A: First, you absolutely need to STOP POSTING FACTS ABOUT YOUR PENDING CRIMINAL CASE and contact an attorney. You are making admissions that can get you in very serious trouble. An attorney can help advise you on future communication issues, file a motion to alter your bond conditions and get a court date set to have said motion heard.

If a condition of your bond is that you cannot contact your fiancé, then you must abide by that until a court removes your bond conditions. No exceptions. Remember, you CANNOT contact him, or it is a violation of your bond conditions. If the DA or the court finds out that you have violated your bond conditions, they will likely issue a warrant for your arrest. Then, they can set a new (and probably much higher) bond or keep you in jail until your case is adjudicated. Please know that courts take violations of bond conditions very seriously, especially in domestic assault cases.

I recommend contacting an experienced criminal defense attorney to help you in your pending case. From now on, do not discuss the facts of your pending case with ANYONE (unless they are your attorney) and definitely do not post any information about your case online.
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Q. Should I pay and not go to court? Or go and plaid no contest and ask for driving school?
A: Thank you for your question. Pleading "no contest" or "nolo contendre" has a very similar effect to a guilty plea in that you are not disputing any facts and are accepting punishment for a crime. By entering a plea of no contest, you are saying that you do not contest the facts of the case and are prepared to accept punishment, but are not admitting guilt. Any fines or punishment levied against you go into effect just as if you plead guilty.

Realistically, in your case it probably does not matter whether you enter a plea of guilty or no contest. People often plead no contest if they think that they may be liable for civil damages stemming from a criminal act. That way, you can adjudicate the criminal case without admitting guilt and damaging your position in any civil cases that may arise.

If you have a question about civil liability in connection with your case, I would recommend that you speak to a lawyer to discuss all the facts of your case before entering a plea. However, it seems that you just have a traffic ticket and it is very unlikely that a civil case would come from that.

Driving school can help your driving record after you receive a citation, and can help keep your insurance costs down. It is almost always a good idea to go to driving school if offered the chance. If you have specific questions regarding your case, it is a good idea to consult with an attorney.
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