No. Being under the influence is not dependent on your location. Obviously, police officers would need a reason to come into your house to determine that you were in fact under the influence though.

Please provide some more information here. Held two years too long where? What was the charge? How much time was served?

It does not sound like your husbands case is getting dismissed if he is continually going to court. It is impossible to predict what kind of time he might serve. Please talk to your husband's lawyer and ask him or her to bring you up to speed on the status of the case and potential exposure.

It is unlikely that you are going to see this come up as a probation violation. However, there is a chance that it will rear its ugly head so you need to be on alert for any notification from the court asking you to appear on a violation.

Spiegel Law Group

109 W. C St.

San... View More

In order to get this type of license you must submit an application with the DMV. However, if this is for a DUI suspension you received, you may be able to ask the judge for a restricted license which will allow you to drive to work and school if you are enrolled.

Suing for entrapment is something that you would want to ask in the civil section. You are going to be looking for a lawyer who has experience attacking police departments, etc.

Some counties in California offer warrant information on the county sheriff's website. That would be the first place to check. If they do not offer that info, the best thing to do would be to go down to the courthouse and have them check for you.

I would say yes, the officer has probable cause to arrest. In order to arrest someone, the officer needs to have reasonable suspicion that a crime is or has been committed. By the man telling him he has illegal drugs on him, the officer would certainly have a suspicion that a crime is being... View More

Go to the court! You are able to take a name and birthday, if you have it, to the court and pull any public case information. The website may even have the case number for you to more easily look up the file in court.

It sounds to me like your question is better asked in the civil arena. The only criminal potential I could envision is if they denied your claim because they feel that you were potentially trying to defraud them. Otherwise, it does not sound like you have any criminal ramifications to be concerned... View More

This is a provision in the penal code that allows for a person convicted of crime that can land them in prison to be temporarily sent to a facility to be diagnosed with any condition, be it medical, mental, etc., prior to being sentenced.

You are certainly not accountable for the criminal actions of another person, unless you had something to do with the criminal act. Your name simply being on the contract for rent will not make you liable for his criminal actions. You should just make sure that they do not assume that you are the... View More

The answer depends on the record you are trying to clear. Once you are off probation for a misdemeanor or felony, you may be eligible to have your record expunged. For a misdemeanor, the process involves filing a piece of paper with the court and the process takes about 4-8 weeks, depending on the... View More

Mr. Shapiro is right. You may also want to seek the assistance for appellate lawyer, and one may actually be available to you via assignment by the court. Appeals can be very complicated and is advisable to have assistance when embarking down the path.

That charge is possession of a controlled substance.

A first time DUI will be a misdemeanor, UNLESS there was an injury involved. The only other time that a DUI becomes a felony is if there have been more than 3 DUI's within a ten year period.

You cannot get a critical need license for a DUI suspension if you are over 21. You can get a regular restricted license after 30 days of the DMV suspension if this is your first DUI. In order to obtain that license you would need to be enrolled in the first conviction DUI program and also have... View More

To obtain a case number you should simply go down the courthouse in the county you are looking in and provide name and birthdate if you have it. There are some couts that also have access to this type of information online, so you should check there first before going to the actual courthouse.

If a judge has specifically indicated as part of a stay away order that the restrained person is to stay away from a particular vehicle, then it would certainly be a violation of that order if that person does come and take the vehicle. Usually these orders are designed to protect a person but... View More