James represents citizens for all criminal offenses. Every citizen accused of a criminal offense should actively pursue all avenues of legal remedies and only make fully-informed and knowledgeable decisions. Mr. Makin has negotiated thousands of cases and picked over 400 juries in his 40-plus years of practice. He represents all citizens accused of a crime in State or Federal Court in a three-county area (Jefferson, Hardin, Orange).
Q. If I am traveling through a school zone and have a pistol in my vehicle and get pulled over by the police in a routine traffic stop, will I receive a criminal charge for carrying a weapon in a school zone?
A. Yes, carrying a pistol that is not licensed, at any time, could expose you to arrest. But especially in a school zone, where guns and drugs are strictly prohibited. If you have a license to carry, and you have it with you as required, you will not be charged.
Q. What is the Open Container Law?
A. Here’s the basics:
- If you have an empty beer can on the floorboard with residue in it – you are guilty.
- If a passenger is drinking and you are driving – you are guilty.
- If the empty beer cans in the bed of your pick-up truck have residue in them – you are okay.
What about SUVs, which do not have trunks? Where can you store your corked bottle of wine? Fines (just like traffic tickets) can range up to $500.00 and are considered a Class C misdemeanor. Don’t Drink and Drive!
Q. How do you become a law breaker by leaving your child(ren) in the car?A. Here’s the basics:
- A. If you go to the shopping center and decide just to run in and leave your young children in the car, keep in mind that you may be breaking the law and could face criminal charges. We all know that it would sometimes be easier to just leave them in the car and make a quick dash for that gallon of milk. But the State takes it a bit more seriously.
- If your child is younger than seven (7) years old, you must make sure that there is someone 14 years of age or older watching them, or they must not be left alone for more than five (5) minutes.
- Now, we all know that it is pretty difficult to get in and out of any store without taking more than five (5) minutes. As an adult, you must decide which is easier to deal with, the chance that your child may run wild in the store, or paying for attorneys fees and court costs to defend yourself against criminal charges.