I live in California. It was a misdemeanor. I was 18. I'm scared with these new gun purpose gun laws. Open carry is scary.
answered on Apr 28, 2021
10-year Ban under California law from date of DV conviction. There is however a Federal lifetime ban on firearms.
I didn't mean to call the police. When I talked to the police they never handed me anything besides a paper about " youve experienced domestic violence" that has no information or told me I had to go to court and never handed me a pink slip, idk if that was important. I still talk to... Read more »
answered on Jan 13, 2021
You may not need to go to court unless there is a jury trial. However, finding your own representation can be essential whatever your position in regards to your partners case. In short, you may want to advocate for or against conviction of your partner. This can be accomplished with greater... Read more »
Reinstate me or jail time for running 8 years without handling it?
answered on Oct 8, 2020
Best strategy to hire a local attorney who can recall the warrant. Some courts will vacate the class, others may make you complete it now. Either way, probably no significant penalty, if any.
Three months into my DuI case he was sighed into the Bar association.
answered on Oct 6, 2020
A Marsden motion is where you complain to the court that your free appointed counsel is inadequate. A lawyer who disrespects their client should consider another career, especially one who serves as court-appointed counsel. However, disrespect is not considered in whether the attorney can... Read more »
The report states he gave me field sobriety and blood test. This is a false statement no test were taken. The warrant was not signed or approved.
answered on Oct 6, 2020
False statements by a peace officer go to the officer's credibility at trial or motion. Assertions that the officer lied in a report can only yield a dismissal of the charges if you fight your case. The prosecutor assigned to file cases will take the officer at their word and file charges.... Read more »
I can miss booking and wait until the judge ordered it?
answered on Dec 21, 2019
Yes! In most cases you would be required to book if you are convicted. Make sure to appear in court or have a private criminal defense attorney appear on your behalf. If you have or can get a valid license you may be able to gain a dismissal or reduction of the charge to an infraction.
I was walking a block and a half away and walked up to the car that my brother had already parked that's when I was put in cuffs.
answered on Nov 8, 2019
You have a not-driving defense. You will need a quality lawyer who will take the time to gather all the evidence and develop the defense. Obtaining patrol video, body-worn camera video and digital audio will be essential. You may also want to get sworn statement from your brother stating the... Read more »
Could this be dropped to wet/reckless?
answered on Oct 6, 2019
It is possible to negotiate a wet reckless if the evidence supports it. However, a defendant with three prior convictions for DUI who is arrested for a fourth, is less likely to gain a more favorable negotiated disposition. If you are charged with a fourth DUI within 10-years you could be facing a... Read more »
answered on Sep 21, 2019
The accident may not be by itself enough but Vehicle Code 40300.5 permits an officer to arrest without a warrant and not personally witnessing the event if he has reasonable suspicion you were driving under the influence.
Many DUI suspects either admit driving or are seen by a witness... Read more »
answered on Sep 16, 2019
If you have a warrant for failure to complete a court ordered alcohol education program you will want to personally recall the warrant or have an attorney do this for you. The benefit of having an attorney do this for you is that it is less likely you will suffer a severe penalty. After this is... Read more »
I am 19 years old I got the DUI 5 days ago. I was on the side of the road with my hazard lights on(did not get pulled over). CHP approached me and ask if I was drinking I said "no". They smelt alcohol in my car and asked me to perform some test. I know I passed all of them. However, I did... Read more »
answered on Jan 16, 2019
Driving with a BAC of 0.01% or more is a violation of 23136 VC, an infraction. If this charge is substantiated the penalty is a one-year suspension of your driving privilege. Based on the facts as you’ve described them you be able to argue that the PAS breath test was invalid and/or that there... Read more »
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