I got arrested for domestic violence in AZ and my sentencing was 26 sessions of DV counseling here in CA they are saying i need 52 weeks because it is state law. Is this true, do I have to follow the 52 weeks just because i was able to do counseling here in CA and not in Az?
Who is saying this? The courts or the domestic violence program? California Penal Code 1203.097 contains the requirements for domestic violence programs, including the 52 week duration. The program may not be willing to adjust the California requirements to fit your Arizona sentence. I would start...View More
The complaint, where all the allegations are written has his name and address on the top left corner and under that he has a mistake, instead of writing, attorney for plaintiff, he writes attorney for defendant. Can I use it to my advantage. USDC
It depends on the context. In criminal cases, it means that if there are a limited number of judges available to do trials, certain types of cases, like child molestation, must be heard first. Criminal cases also take precedence over civil matters.
You would have to go to the court where the appeal was filed. Be prepared to pay about fifty cents a page to have documents copied. I'm not sure what you mean by "L&L," but generally appeals in misdemeanors are filed at the county courthouse where the conviction occurred, and...View More
Start by asking yourself: "Why would a law firm want to hire me? What do I have to offer?" If you don't have the skills to do a job, then your chances of getting hired are pretty slim. Many junior colleges offer paralegal programs, where you can develop the skills to do the job you...View More
Like many legal questions, the answer is, "It depends on the circumstances." If you're with your boyfriend while he's being searched, the officers may have a right to frisk you for officer safety purposes. The courts are pretty liberal about allowing officers to protect themselves.
The forms are available on the California State Bar website. See the link that follows. Make sure you follow the directions carefully! Otherwise, the will may not be valid. http://www.calbar.ca.gov/Public/SimpleWill.aspx
They don't have to show you the warrant. In fact, judges sometimes issue search warrants over the phone, so the actual warrant is miles away when the cops get the go-ahead to conduct a search. Now, if the cops lie to you above having a warrant, when there isn't actually one, that could...View More
If I understand you correctly, the answer is no. Once you've competed the entire term of probation, the judge doesn't have jurisdiction to go back and extend it. However, are you sure probation actually expired? For instance, if there was a violation along the way, the probation period is...View More
False imprisonment with violence, Penal Code 236/237(a), is punishable as a felony with up to a year in county jail, or as a felony with up to three years in jail (or prison, if the defendant is a registered sex offender or has a prior conviction for a felony strike).
Exactly WHERE on your parole papers is Penal Code 4853 listed? Were you granted a pardon, or do the papers just say you can apply for one? (California governors have only granted a handful of pardons in the last two decades.) I would suggest you apply for a Personal Firearm Eligibility Check (PFEC)...View More
If your conviction was a felony, the answer is NO.
However, many of the charges filed in welfare fraud cases are "wobblers" that can be reduced from a felony to a misdemeanor. If your offense was a wobbler, you might be able to get it reduced, which would restore your gun rights...View More
A so-called "expungement" in California doesn't really expunge anything. It's a dismissal under Penal Code 1203.4, which adds another notation to the court file, showing the charges were dismissed after successful completion of probation.
My fiancee is an inmate at Ironwood State Prison. He served his time and they still won't realease him. He was charged with possession of a shank. And convicted for it. Is there any prison attorney I can speak to aboit he case I believe his due process was violated.
That's kind of like asking how you can perform a heart transplant on your friend. It takes lots of training and experience to do what you're asking about; the answer depends on the specifics of the case; there's no way to give you a complete answer on a site like this; and you may...View More
Advice of my public defender as part of a plea agreement with the Prosecuting attorney, and the original charge was changed. However, upon reading the penal code that applies to both the original charge and the conviction charge, neither charge should have applied to my situation, as it was self... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.