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answered on Oct 29, 2019
The answer depends on what the reason is for the suspension. If it’s for a DUI then you are looking at jail time otherwise, you could avoid jail. Is there some reason you can’t get a valid drivers license in California? Often times, it’s just because of some fines or fees that were not paid... View More 
My son is a Kern Regional client due to his Developmental Disabilities. He was arrested last week for making a threat. He also has Bipolar 1. He is currently gravely disabled and cannot make any decisions on his own behalf. I have tried to speak with a mental health worker to check on him. They... View More
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answered on Oct 29, 2019
He should be appointed a public defender who can tell the court of his illness and the court can declare a doubt about his ability to understand the proceedings against him under 1367 of the Penal Code. He will be evaluated by psychologists and the criminal proceedings will be suspended. He may... View More
My pocket and make sure it wasn't a weapon I agreed but then he proceeded to go through my backpack and he found some drugs did he have the right to do that I'm not on search and seizure
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answered on Oct 28, 2019
If you consented to the search of your backpack, it’s very unlikely that a judge would throw out the case because the police officer had permission to search the bag.If he didn’t get your permission and just took the bag and searched it and your lawyer should bring a suppression motion.
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answered on Oct 28, 2019
Yes, as a matter of law you’re entitled to counsel of your own choosing. However, the court has to balance the rights of the victim and the legal process before granting such a motion. If it’s on the day of the trial, it would be extremely unlikely for a judge to do so. I recommend contacting a... View More
I was found off campus. I was caught by a school cop and brought into the office and searched and in my bag he found a knife that has a 2in locking blade, brass knuckles, and a vape pen battery. I was given a citation by the school cop and was told I had to go to court. What is the most likely... View More
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answered on Oct 27, 2019
There’s almost no chance you will do any custody time. You may be eligible for diversion and some community service. Make sure you talk to a lawyer.
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answered on Oct 25, 2019
It’s possible. If it meets the elements of criminal threats (422PC). The threat needs to be specific and directed at that person and be unequivocal in its meaning. You don’t even have to mean what you say, but if it’s taken by the listener as a threat then it’s a threat.
I Did jail time for a credit card and they arrested and is now trying to charge him now but I had ben first to do time for it so why does my friend have to do do time for using it to?..
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answered on Oct 24, 2019
I think you answered your own question. Your friend to use the credit card. That’s a crime because it wasn’t his card. Therefore, the government can charge him for using the card when he should not have use the card because it does not belong to him.
He went to jail the night he was destructive to my home and is serving 3 years in county . He said he would help with damages and moving and will not now . My whole life was turned upside down and left me and my son homeless . I wasn't even home when he did what he did . I have pictures and he... View More
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answered on Oct 24, 2019
This really isn’t a criminal law question. Of course, I would encourage you to file a small claims action against the landlord for stealing your deposit. I’m sorry all this is happening to you it must be incredibly stressful.
If you file a 1381 and 90 days pays and the other county doesnt pick you up? Is your case automatically dismissed?
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answered on Oct 23, 2019
If they miss the time cutoff then make a motion to dismiss. The court will inquire as to whether service was properly made on the DA so make sure documentation is available.
it was filed as a felony but laws have been passed and now its considered a misdaminor a bench warrent was issued for him he has gone back to take care of it my question is will they still run it as a felony or drop it to a misdaminor and what are the chances of him not serving time he did 10.5... View More
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answered on Oct 23, 2019
It should not be a problem to get it reduced to a misdemeanor and he should not expect to go to jail for it either. There is a strong chance he'll get it dismissed as any evidence is likely lost.
Dealing with the murder case the prosecutor gave the defendant clips of the video showing the assault on actual self defense case at the most crucial part is missing approximately 30 seconds
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answered on Oct 22, 2019
While I imagine this is tough to prove the defense would want the court to entertain a motion to dismiss and a mistrial. Prosecutorial misconduct is serious and it' s not easy to prove, either. But I would pursue it if the facts are there.
So can I smoke a joint when I walk in the park, can I smoke on sidewalk beaches what if they catch me with a pipe or bong in public and or my car
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answered on Oct 21, 2019
Treat the use of marijuana similar to the use of alcohol. You can't drink in the park and you can't smoke in the park. You can't drink in the car and you can't smoke in it.
I got arrested with no solid proof just assumptions and accusations..this really hurts my life can police really do that say you did something you did not do with no solid proof??
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answered on Oct 21, 2019
Ask about experience with these kinds of cases and consequences. Fees range from 2500-5000 dollars. Good luck.
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answered on Oct 21, 2019
Most attorneys charge within a range for certain crimes and many offer payments. Call and speak with at least three before choosing.
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answered on Oct 21, 2019
Contact the public defender office at https://www.google.com/search?q=chula+vista+public+defender&ie=UTF-8&oe=UTF-8&hl=en-us&client=safari#
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answered on Oct 21, 2019
If you can afford it, hire an attorney right away. It’s possible that the DA may reduce or dismiss the charge depending upon the facts.
I was passed out drunk and on pills with a group of people commiting a burglary. I was woke up and told to run when the home owner showed up. When the cops picked me up 3 hours later I explained I had no idea what was happening because I was passed out .
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answered on Oct 20, 2019
First, I recommend not posting details on this public website. And what you told me there does not appear to be any intent to steal or any other felonious intent prior to entering.. Based on that, you may have a complete defense to the charge of burglary.
Defendant on parol
No witness
No weapon found
Victim not pressing charges
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answered on Oct 19, 2019
It’s possible that the DA would proceed without the witness and just rely on the video as evidence of identity and the assault itself. I would highly recommend hiring an attorney and attempt to interview the alleged victim. Remember not to post any personal information on this website. It is public.
What is the best way to get this dismissed I am inocent of this.
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answered on Oct 19, 2019
If you have been charged, then hire an experienced attorney and show them the bill of sale and if your license is suspended then go to the DMV and get it cleared up. Many judges will dismiss with a fine if they're shown a valid license.
I was to surrender for 171 day sentence for a probation violation I got to the court room 10 mins late because I got into the wrong line outside I was sent to the clerk to check in she tried to call the courtroom but no one answered so she put me back on calendar for this Tuesday. Will I get extra... View More
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answered on Oct 19, 2019
I doubt you'll get any more time. Contact the lawyer who represented you and appear with her/him.
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