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Questions Answered by Hayden Gifford Smith
2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: I had a criminal case that got dismissed. On a 704 unfit to proceed. On the day of my arrest a xxxii amount of money w

As taken from me. It is in the discovery and was not contraband or part of the crime. I was told I would get back when case is done. I getting the runaround. Help

Hayden Gifford Smith
Hayden Gifford Smith answered on Jun 13, 2018

So here’s the scoop. They have to give you notice when they intend to steal your money by judicial process (called forfeiture but undeserving of a long name). When they do, or if they do, you have 30 days to respond appropriately. Otherwise they win by default. It seems to me these days there is... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: My bro received an illegal enhancement on his plea bargain. 667(a)(1). What is the outcome of this situition?

My brother was given a illegal enhancement of 5 years on his plea bargain. The 667 (a)(1) enhancement was mistaken from a 245(a)(4) for a 245(a)(1). His plea bargain was a total of 15 years. 9 for attempted murder 2nd , 1 for prison prior, and 5 for the 667(a)(1) prior serious felony conviction.... Read more »

Hayden Gifford Smith
Hayden Gifford Smith answered on Jun 9, 2018

If the sentence is illegal, then the whole thing gets undone. And redone. It's risky, and not likely to change the total sentence since you can combine terms for crimes and various enhancements to get to any number.

3 Answers | Asked in Criminal Law for California on
Q: Is there any criminal lawyers who are willing to work off a payment plan?

My relative is searching for a criminal lawyer immediatley, but is very limited on financial resources at the moment. Is currently on bail continuing work is there any lawyer that can work within budget? Current charge is 245 a4 and 245 a1

Hayden Gifford Smith
Hayden Gifford Smith answered on May 25, 2018

Thank you my colleagues. I just heard of a company called iQualify.com that actually finances qualified borrrowers and their relatives in criminal cases. The qualfications are much lower than for a car loan.

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2 Answers | Asked in Criminal Law for California on
Q: I have a felony for penal code 597 a and i was wondering if i can own a pet if i served my sentencel
Hayden Gifford Smith
Hayden Gifford Smith answered on May 13, 2018

Unless the court has ordered otherwise, yes. But you need to check with your probation officer (or hire an attorney, ideally) before risking running afowl of the consequences of this conviction.

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4 Answers | Asked in Criminal Law for California on
Q: First time committing a felony (welfare fraud) took a total of 38,000 dollars. Started paying back money in April.

I have 2 children and can not afford a lawyer. I took a total in calworks, food stamps for 2 years totallying 38,000 dollars. I have made an agreement to pay 100 dollars per month faithfully until paid off. They accepted my terms. But I got a letter to go to court for arraignment. I do not know... Read more »

Hayden Gifford Smith
Hayden Gifford Smith answered on May 8, 2018

You'll likely be ok as long as you keep paying the restitution.

A word of advice: in lean months when the temptation is high to spend the $100 somewhere else (or you don't have it) write in to the office ahead of time. Try to keep missed payments down to a dull roar. You'll...
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2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: After a california court violates my 14th amendment rights can they dismiss the charge and charge me a second time.

They want to charge me for the same crime when the DA and my public defender started my due process time the first time by setting up a prelim within a half hour of me having any knowledge they was going to have one that day. They did not give me the opportunity or chose for me to consider... Read more »

Hayden Gifford Smith
Hayden Gifford Smith answered on Apr 20, 2018

You're going to have to hire a lawyer. Rights are not self-enforcing. If your appointed lawyer is doing as bad a job as you perceive, perhaps the judge would consider letting you all go your separate ways.

No answer here - were it possible to address your complaint coherently - is...
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2 Answers | Asked in Criminal Law for California on
Q: Will a criminal case be affected if the arresting officer reported possession of 900 pills instead of 1?
Hayden Gifford Smith
Hayden Gifford Smith answered on Apr 20, 2018

1 pill is evidence of possession.

900 pills is likely to be charged as possession with the intent to sell AND - my fave - transportation, if there is anything propelled or sporting axles in sight. Skateboards included.

A possession charge can often be resolved with DEJ and a...
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1 Answer | Asked in Criminal Law for California on
Q: I rentwd a car through enterprise and failed to return it they filed a stolen vehicle report and my husband got caught

Driving the car and was arrested he has no criminal history but is here undocumented he has 1 prior deportation what is going to happen

Hayden Gifford Smith
Hayden Gifford Smith answered on Apr 15, 2018

It isn't good. It isn't hopeless.

They usually don't file on late returns for weeks.,,

2 Answers | Asked in Criminal Law for California on
Q: 35000 bail is it worth the hassle to bail him out,? what kind of time is he looking at doing?

18 year old on probation for first charge ever which was a gun possession charge while on probation was charged just two days ago with firing a weopon in a public are which is ofcourse a violation of his probation he has court monday me and my mother in law are thinking about bailing him out but i... Read more »

Hayden Gifford Smith
Hayden Gifford Smith answered on Apr 15, 2018

This question comes up a lot but attorneys rarely get asked or are willing to weigh in. A client out of custody can clear out time to defend the case. And I hesitate to say anything about defending sometimes being of questionable value. Here's what I can offer: he's probably going to do... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: Is someone criminally liable in the state of California if they claim the title of social worker without a license

Or degree in social work?

Hayden Gifford Smith
Hayden Gifford Smith answered on Apr 14, 2018

I cannot say "No" definitively. But, no, I doubt it very much. It depends on the circumstances of course.

You can claim your the President of the United States and the speech is protected. But if you are believed and bail on 20k bat tab you may be liable in fraud.

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2 Answers | Asked in Criminal Law for California on
Q: My roommate was selling drugs and they raided the pad they found drugs in his room n i had 10 gran i had been saving

He was already convicted and did time my money was not evidence towards his case therefore i should get get my monry back..

Hayden Gifford Smith
Hayden Gifford Smith answered on Apr 14, 2018

How long ago was that? If the jurisdiction instituted forfeiture proceedings against him, it may be too late.

Did you ever receive a notice of any sort indicating you were named as a party in civil legal stuff? Related to the roomste’s bust and your 10 racks?

I am going to make...
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3 Answers | Asked in Criminal Law and Immigration Law for California on
Q: My car was taken away by the u.s border patrol what can I do to get it back?

My husband was stopped trying to smuggle illegals he didn't have no one in the car when pulled over they took him in and took the car away

Hayden Gifford Smith
Hayden Gifford Smith answered on Apr 13, 2018

It depends.

They may have taken at as evidence (real or imagined) of the crime your husband is suspected of.

Incidentally, was he arrested? Do not tell me here whether anything illegal was in the car or not. But that is information a lawyer would need to know.

Finally, how...
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1 Answer | Asked in Criminal Law, Civil Rights, Intellectual Property and Libel & Slander for California on
Q: where can i find an advocater to help file for erroenous conviction in california?

20 years ago but just recently corrected and time to still file where do i get help to file at claims board?

Hayden Gifford Smith
Hayden Gifford Smith answered on Apr 12, 2018

Are you the aggrieved party? In other words, are you saying that you wrongully imprisoned? Did you serve out the sentence?

2 Answers | Asked in Child Custody, Civil Rights and Criminal Law for California on
Q: Custodial parent calling police and cps and falsely making claims such as no hot water, no electricity and other lies.

I want to file a restraining order for harassment and false reports. This is during a custody matter. Would I be able to request for a copy of the police report and use it during the restraining order hearing? What can I do as this causes my children to be fearful and show signs of anxiety ever... Read more »

Hayden Gifford Smith
Hayden Gifford Smith answered on Apr 12, 2018

Sounds rough.

Remember that the police may regard you as a suspect. You can go to the station and try to get reports but don't walk in there like you own the place or you're cause is self-evidently righteous (even though it may well be.)

There are two sources of...
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3 Answers | Asked in Criminal Law for California on
Q: I currently have a public defender and requested a copy of my discovery. He notified me I don't have a right to it

But that it's a courtesy if he wants to provide it. Is this true? He notified me at our last hearing that even though he's had it for a year he hasn't looked at it. We are currently in negotiations with the Ag and I have made my attorney aware there is important information he could... Read more »

Hayden Gifford Smith
Hayden Gifford Smith answered on Apr 12, 2018

You have a right to be told what the evidence is against you. The DA or State is the obligor. In English, the DA fulfills this duty by providing discovery to your lawyer.

My advice is to avoid conflict with the lawyer assigned. He or she is very busy and probably cannot copy...
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