Questions Answered by David Philip Shapiro Esq
2 Answers | Asked in Criminal Law for California 2 days ago
Your husband's lawyer might be a good place to start with your questions, as it appears you are really in the dark.
1 Answer | Asked in Criminal Law for California 21 days ago
The prosecutor has a certain time period where they can file charges. Some charges have limits of one year from the date of alleged offense and some charges do not have any limitation on when they can be charged in relation to the alleged offense.
1 Answer | Asked in Criminal Law for California 14 days ago
Call your attorney and show up 10 minutes early next time. Judge's tend to value their own time and the time of their staff and don't look kindly on those who try and constantly make excuses for their actions.
1 Answer | Asked in Criminal Law for California 13 days ago
You are asking the court to strike a prior strike to significantly decrease the amount of custody, and possibly the percentage of actual custody which needs to be served and/or probation eligibility. The recency and seriousness of the prior case is important.
1 Answer | Asked in Criminal Law for California 6 days ago
Go to court to request the judge allow the transfer and order probation to work with you.
1 Answer | Asked in Criminal Law for California on Apr 9, 2012
That depends on the reason. Either way, you will need to be personally present in court to make that request in the event you have not already hired an attorney.
1 Answer | Asked in Criminal Law for California on Apr 4, 2012
About being convicted of a misdemeanor, yes. Of going to jail, probably not. Best thing you can do is retain a locally experienced criminal defense attorney who can advise you accordingly.
1 Answer | Asked in Criminal Law for California on Apr 3, 2012
Go to the courthouse and pull the file. It should be public record.
1 Answer | Asked in Criminal Law for California on Mar 29, 2012
PC § 451 A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property. (a) Arson that causes great bodily injury ...
2 Answers | Asked in Criminal Law for California on Mar 23, 2012
Get him a good locally experienced criminal defense attorney if the local DA's office is going to file new charges. I'm assuming the "non-prisoner" is you.
2 Answers | Asked in Criminal Law for California on Mar 14, 2012
It might, but I would need more information as to what exactly the court did since he couldn't expunger under PC 1203.4 because of the suspended prison sentence.
1 Answer | Asked in Criminal Law for California on Mar 10, 2012
It's encouraging the judge may think there's a valid self-defense claim, but why aren't you asking your brother's attorney instead of strangers on the internet?
1 Answer | Asked in Criminal Law for California on Mar 9, 2012
If you posted the bail yourself, yes, the money posted should be returned to you within a few weeks. If you went through a bailbondsman, all it means is that the bondsman is off the hook since the case was dismissed.
1 Answer | Asked in Criminal Law for California on Mar 13, 2012
HS11377(A) = simple possession of methamphetamine. It is a wobbler, which means it can be charged as either a felony or misdemeanor.
1 Answer | Asked in Criminal Law for California on Mar 6, 2012
Document who you spoke to from the jail and contact your fiancee's attorney ASAP!