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Questions Answered by Robert Lee Marshall
2 Answers | Asked in Criminal Law for California on
Q: How many days notice of Expe must Prosecutor give to Defendant's Counsel before Prosecution's Expert Witness may testify
Robert Lee Marshall
Robert Lee Marshall answered on Jul 13, 2012

It sounds like you're asking when the prosecution must disclose an expert witness. Generally, both the defense and prosecution have to disclose witnesses to each other at least 30 days before trial -- or immediately, if they decide to call the witness within that 30 day period. Courts... Read more »

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3 Answers | Asked in Criminal Law for California on
Q: Is a felony conviction reduced ?filed to exspunge ,judge changed orig plea/of no contest/to not guilty&Dismissed .

Non violent crime , driving w/out owners consent . fulfilled all obligation .got 10mths local p.d trusty and 3yrs probation. 34 month on probation accused of writing a personel check,account in my name for insufficent fund. Since still on probation I recieved 10mnths house arrest & 3yrs prob.... Read more »

Robert Lee Marshall
Robert Lee Marshall answered on Jul 13, 2012

A so-called "expungement" doesn't really expunge anything; it's a dismissal under Penal Code 1203.4, which adds a notation to the court's records saying the case was dismissed after successful completion of probation. It DOES NOT remove the felony from your record, and it... Read more »

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3 Answers | Asked in Criminal Law for California on
Q: If one has committed a felony in one state, can another state grant a certificate of rehabilitation for that felony?

The felony was in Oklahoma which does not appear to have provision for rehabilitation or restoration of rights. Expungement is possible, but in this case the crime was violent which precludes consideration for expungement under Oklahoma law. I live in California which does offer a chance for a... Read more »

Robert Lee Marshall
Robert Lee Marshall answered on Jul 13, 2012

A certificate of rehabilitation is the first step toward a pardon for crimes committed in California. However, the California courts don't have jurisdiction to review an Oklahoma case. Even if they did, there is no realistic chance of getting a pardon in California for a violent felony.... Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: If your driving on revoked license because owner of the car was drunk can or will i go to jail?
Robert Lee Marshall
Robert Lee Marshall answered on Jul 13, 2012

If it was a real emergency -- say, the owner of the car had been seriously injured, and you were in a place where your cell phone couldn't get reception, so you couldn't call for help and had to rush him to the hospital -- you might be able to win the case on a necessity defense.... Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: SHOULD I PLEAD NOT GUILTY OR NO CONTEST TO 23140(A)
Robert Lee Marshall
Robert Lee Marshall answered on Jul 13, 2012

You may want to check with a lawyer to see if you might win this case before entering ANY plea. It really doesn't make any difference whether you plead guilty or no contest; "no contest" means you're not fighting the charge and the judge will find you guilty. Because you're... Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: Can a person be found guilty for under the influnce when given a urine test. but hadnt used for a day and half
Robert Lee Marshall
Robert Lee Marshall answered on Jul 13, 2012

Are you talking about driving under the influence of drugs, Vehicle Code 23152(a), or being under the influence of a controlled substance, Health & Safety Code 11550? Either way, a simple positive test isn't enough. The District Attorney would have to show the drugs impaired your ability... Read more »

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