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Questions Answered by Diana W. Aizman Esq.

1 Answer | Asked in Criminal Law for California on

Q: Charged with 2 counts possession of a deadly weapon. One was dismissed the other felony was reduced to a misdemeanor can

I own a firearm? This happened 7 years ago.

Diana W. Aizman Esq. answered on Apr 16, 2014

Is the case still pending? Often times when you have a crime of violence or weapons, you will have a condition of probation be that you are not permitted to own or possess any deadly or dangerous weapons. If you have been placed on probation in the misdemeanor and that is a condition of... Read more »

1 Answer | Asked in Criminal Law for California on

Q: Just got arrested Can you be charged for something you were arrested for 6 months prior not charged for and released

Diana W. Aizman Esq. answered on Apr 11, 2014

Yes. The prosecution has 1 year to file charges on most misdemeanors and 3 years for most felony cases. Just because you were initially released when the prosecution failed to file in time, does not mean that they cannot later file charges.

1 Answer | Asked in DUI / DWI for California on

Q: DUI case

Daughter went voluntarily to court to ask judge for an extension on completing her DUI classes so that she has time to get herself into a drug treatment program. Judge gave her a 6 month extension, then imposed 45 days in jail for violating probation. My daughter denied her probation violation, the... Read more »

Diana W. Aizman Esq. answered on Apr 11, 2014

Yes. She has the right to an attorney at her probation violation hearing. Probation is currently revoked and she should ask the Judge for a continuance in order to hire counsel. It sounds like the Judge found her in violation of probation without a formal hearing and without her admitting the... Read more »

1 Answer | Asked in Criminal Law for California on

Q: I have a driving on a suspended license in California but now live out of state. What are my options?

What are my options without having to return?

Diana W. Aizman Esq. answered on Mar 21, 2014

If your case is not in warrant status, you may hire a private attorney to handle the matter for you. There is a penal code section in CA that allows attorneys to appear on behalf of their clients without them being present.

1 Answer | Asked in Criminal Law for California on

Q: What if im accused of strong arm robbery and didnt do it and wasnt id

Diana W. Aizman Esq. answered on Mar 20, 2014

You will need to hire an experienced criminal defense attorney to defend against this Estes Robbery if you are facing criminal charges. This is a serious felony and only the proper representation will be able to properly assist you in defending against the charges.

1 Answer | Asked in Domestic Violence for California on

Q: I recieved a misdemeanor D.V in 2004. I never cfinished D.V class due to financial hardship.what will happen?

After 10 years and Havent got in any trouble with law.Is there a statue of limitation on this class?

Diana W. Aizman Esq. answered on Mar 20, 2014

It depends. Did you ever go back to court? If there is a warrant out for your arrest, you will need to first clear that warrant. You will then need to convince a Judge that you are now prepared to finish the classes. This will constitute a violation of your probation. You need to hire an... Read more »

2 Answers | Asked in Criminal Law for California on

Q: Cop suspects you under the influence searches you and finds drug paraphernalia and a hypodermic needle in you possession

But agress not to arrest you and gives you the illegal items back if you give him "information" can he come back on a later date and arrest you if you dont give him the information he wanted?

Diana W. Aizman Esq. answered on Mar 20, 2014

I agree with Mr. Shapiro. This is a misdemeanor charge and therefore the prosecution has 1 year to file charges againt you.

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