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Questions Answered by Matthew Lee Spiegel
3 Answers | Asked in Criminal Law for California on
Q: Do I have rights of being under the influence of a controlled substance in my own home
Matthew Lee Spiegel
Matthew Lee Spiegel answered on May 15, 2012

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.

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3 Answers | Asked in Criminal Law for California on
Q: Held two years too long on parole what to do
Matthew Lee Spiegel
Matthew Lee Spiegel answered on May 15, 2012

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

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3 Answers | Asked in Criminal Law for California on
Q: Regarding my husbands case. Want to know if he'll be serving a large amount of time ?

Hes been incarserated since feb 2012,charged with PC 664/459,PC 664/211,PC 182(A)(1, snd hes been constanstly going to court in which they always get dismiss, and i believe is also a joint trial with 2 other individuals in which they have priors. Now my husband does not have priors ( clean record).... Read more »

Matthew Lee Spiegel
Matthew Lee Spiegel answered on May 15, 2012

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.

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3 Answers | Asked in DUI / DWI for California on
Q: Am I going to get a probation violation for getting a drinking in public ticket?
Matthew Lee Spiegel
Matthew Lee Spiegel answered on Jun 28, 2012

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

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2 Answers | Asked in DUI / DWI for California on
Q: How do I get a critical needs restricted license in California if I am under 21 years of age?
Matthew Lee Spiegel
Matthew Lee Spiegel answered on Jul 11, 2011

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.

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1 Answer | Asked in Criminal Law for California on
Q: How do i sue for entrapment
Matthew Lee Spiegel
Matthew Lee Spiegel answered on Jun 30, 2011

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.

2 Answers | Asked in Criminal Law for California on
Q: How can I find out if i have warrant in San Jose CA // Santa Clara County
Matthew Lee Spiegel
Matthew Lee Spiegel answered on Jun 30, 2011

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.

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1 Answer | Asked in Criminal Law for California on
Q: Does probable cause for arrest exist based on statements only?

A police officer is talking to a man on the street. The encounter is consensual. The officer asks if the man has any drugs in his possession. The man states he has heroin in his pocket. The officer asks for consent to retrieve the heroin. The man says, no. Does the officer have sufficient... Read more »

Matthew Lee Spiegel
Matthew Lee Spiegel answered on Jun 29, 2011

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... Read more »

1 Answer | Asked in Criminal Law for California on
Q: How do I find case information on a sexually violent predator with only info from Megan's Law website?
Matthew Lee Spiegel
Matthew Lee Spiegel answered on Jun 29, 2011

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.

1 Answer | Asked in Criminal Law for California on
Q: My ATM debit card was used at various ATMs for a total loss of $24,000. Wells Fargo investigated n denied my claim
Matthew Lee Spiegel
Matthew Lee Spiegel answered on Jun 29, 2011

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... Read more »

2 Answers | Asked in Criminal Law for California on
Q: What is 1203.03 pc
Matthew Lee Spiegel
Matthew Lee Spiegel answered on Jun 29, 2011

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.

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1 Answer | Asked in Criminal Law for California on
Q: I rented a space for a friend to store his Rv and he stoled from the place am I accountable for it
Matthew Lee Spiegel
Matthew Lee Spiegel answered on Jun 29, 2011

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... Read more »

2 Answers | Asked in Criminal Law for California on
Q: How long does it take to clear my record?
Matthew Lee Spiegel
Matthew Lee Spiegel answered on Jun 29, 2011

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... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: I need to file an appeal for a criminal case and need to know where to begin and what research I need to do.
Matthew Lee Spiegel
Matthew Lee Spiegel answered on Jun 29, 2011

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.

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2 Answers | Asked in Criminal Law for California on
Q: What is the charge HS 11377?
Matthew Lee Spiegel
Matthew Lee Spiegel answered on Apr 6, 2011

That charge is possession of a controlled substance.

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2 Answers | Asked in DUI / DWI for California on
Q: What is a dui considered is it a felony or misdemeanor for 1 offense
Matthew Lee Spiegel
Matthew Lee Spiegel answered on Mar 28, 2011

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.

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2 Answers | Asked in DUI / DWI for California on
Q: How do I get a critical needs restricted license in California if I am over 21 years of age?
Matthew Lee Spiegel
Matthew Lee Spiegel answered on Mar 28, 2011

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... Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: How do I find a case number for a specific Case
Matthew Lee Spiegel
Matthew Lee Spiegel answered on Mar 28, 2011

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.

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1 Answer | Asked in Domestic Violence for California on
Q: Under the stay away order if judge marks the vehicle and the restrained person comes and takes is this legal?
Matthew Lee Spiegel
Matthew Lee Spiegel answered on Mar 28, 2011

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... Read more »

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