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Questions Answered by Robert Lee Marshall

1 Answer | Asked in Domestic Violence for California on

Q: If sentenced in AZ other than CA and was granted to do the sentencing here do the terms of the sentencing change?

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?

Robert Lee Marshall answered on Jul 13, 2012

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... Read more »

1 Answer | Asked in Uncategorized for California on

Q: What code is penal code 140856

Robert Lee Marshall answered on Jul 13, 2012

I don't know... but there's no such section in the California Penal Code, which ends at 34370. The Legislature would have to enact 106,486 more new laws before they get there.

1 Answer | Asked in Civil Litigation for California on

Q: I was served with a lawsuit, the Plaintiff Attorney wrote "Attorney for defendant" on the complaint. Will this hurt him.

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

Robert Lee Marshall answered on Jul 13, 2012

It sounds like a simple typo. It might cause the other attorney a moment of embarrassment, but it's unlikely to do more than that.

1 Answer | Asked in Uncategorized for California on

Q: What does it mean when they ask, case entitles to preference

Robert Lee Marshall answered on Jul 13, 2012

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.

2 Answers | Asked in Appeals / Appellate Law for California on

Q: I was convicted back in 97 and i am trying to finds copies of my appeal where would i go??

Back in 1997 i was convicted of L&L and my probation was revocted dominic eyhrabid attorny was my appeals attorny and i need copies of my appeal where would i go to get them?

Robert Lee Marshall answered on Jul 13, 2012

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 felony appeals are... Read more »

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1 Answer | Asked in Employment Law for California on

Q: How do I get an entry level job at a law firm?

Robert Lee Marshall answered on Jul 13, 2012

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 want; they often... Read more »

1 Answer | Asked in Civil Rights for California on

Q: My boyfriend is a parolee, but does that give them the right to frisk me during a search?

Robert Lee Marshall answered on Jul 13, 2012

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.

2 Answers | Asked in Estate Planning for California on

Q: How can I find a Statutory Will Form?

Robert Lee Marshall answered on Jul 13, 2012

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

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1 Answer | Asked in Criminal Law for California on

Q: WHEN A SEARCH WARRANT IS SERVED IS IT OKAY TO JUST RECEIVE THE TOP SHEET THAT KEEPS REFERRING TO THE APPENDIX YOU DO NOT

HAVE ?

Robert Lee Marshall answered on Jul 13, 2012

Yes. It sounds like you're referring to a so-called Hobbs warrant, where a lot of the information is sealed. Judges often seal portions of the warrant that might disclose the identity of an informant.

1 Answer | Asked in Criminal Law for California on

Q: Does a cop have to show you the search warrant before or after they search your house?

Does a cop have to show you the search warrant before or after they search your house? Or do they have to show you one at all?

Robert Lee Marshall answered on Jul 13, 2012

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 make the... Read more »

1 Answer | Asked in Criminal Law for California on

Q: Can probation be extended for one year after the original terms of the probation been completed?

Robert Lee Marshall answered on Jul 13, 2012

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 "tolled"... Read more »

1 Answer | Asked in Criminal Law for California on

Q: How much time does felony false imprisionment with the use of violence ?entail

Robert Lee Marshall answered on Jul 13, 2012

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).

1 Answer | Asked in Criminal Law for California on

Q: How do i know if my gun rights have been restored. Im a ex-felon. Penal code 4853 is on my parole papers.

Robert Lee Marshall answered on Jul 13, 2012

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)... Read more »

1 Answer | Asked in Criminal Law for California on

Q: If I have a welfare fraud in 1987 can i now own a firearm

Robert Lee Marshall answered on Jul 13, 2012

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 (assuming...
Read more »

2 Answers | Asked in Criminal Law for California on

Q: Can i get my record expunged in a gun case?

Robert Lee Marshall answered on Jul 13, 2012

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.

Since you were asking about guns, it's important to...
Read more »

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2 Answers | Asked in Criminal Law for California on

Q: MY FUTURE HUSBAND IS INCARCERATED AT ISP. WHAT IS THE MAXIMUIM TIME You CAN GET FOR a possension of a shank?

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.

Robert Lee Marshall answered on Jul 13, 2012

California Penal Code §4502, possession of a sharp object while in custody, is a felony that carries a sentence of two, three or four years, consecutive to the sentence he is already serving.

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3 Answers | Asked in Criminal Law for California on

Q: What is the charge for procuring electricity to grow marijauna.

Robert Lee Marshall answered on Jul 13, 2012

It sounds like you're talking about tapping into utility lines to get power for the grow. That's theft, and it can be charged as a felony or misdemeanor, depending on the value of the power used.

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3 Answers | Asked in Criminal Law for California on

Q: Do you have a right to your discoveries while you are fighting a criminal case

Robert Lee Marshall answered on Jul 13, 2012

Your lawyer has the right to discovery. If you're representing yourself, the discovery may be given to a court-appointed private investigator.

This question often comes up with defendants represented by a public defender. Your lawyer is required to discuss the case with you, but is NOT...
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2 Answers | Asked in Criminal Law for California on

Q: How can i prove my friend has been wrongly convicted of murder

Robert Lee Marshall answered on Jul 13, 2012

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 make things even... Read more »

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3 Answers | Asked in Criminal Law for California on

Q: Many years ago i was convicted of a misdemeanor. My original plea of not guilty was changed to guilty/no contest on the

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... Read more »

Robert Lee Marshall answered on Jul 13, 2012

It's way too late to overturn this conviction. Even if witnesses said it was self defense, there's always a chance a jury might not have agreed.

You may be eligible to get the case dismissed under Penal Code 1203.4, which is sometimes called an "expungement" even though it doesn't really...
Read more »

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