Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Daniel R. Perlman
2 Answers | Asked in Criminal Law for California on
Q: Can a police officer stop you for no reason?
Daniel R. Perlman
Daniel R. Perlman answered on Nov 5, 2013

They often do. But they just as often can come up with an excuse. The vehicle code is extensive and within a couple minutes they can find a reason to stop practically anyone. Having said that, we file many motions to suppress evidence for a BAD STOP...These 1538.5 motions are difficult, though... Read more »

View More Answers

2 Answers | Asked in Criminal Law for California on
Q: How can I help my innocent brother out of prison?
Daniel R. Perlman
Daniel R. Perlman answered on Nov 5, 2013

There are too few details to really address this, however there are always ways to try to explore helping someone who has been convicted of a crime.

Again, with a full set of facts it would be far more likely that an attorney could give you an opinion on what opportunities exist to assist in...
Read more »

View More Answers

2 Answers | Asked in DUI / DWI for California on
Q: : I am CDL holder , got pull over in passenger car for DUI , if my BAC is under 0.08 , what will happen to me license .
Daniel R. Perlman
Daniel R. Perlman answered on Nov 5, 2013

If you BAC is under .08, the DMV will not take action against your license which means you will not suffer a hard suspension (on a first DUI). You are also unlikely to suffer any kind of soft suspension either.

View More Answers

1 Answer | Asked in DUI / DWI for California on
Q: California Highway Patrol jurisdiction in National Forest?
Daniel R. Perlman
Daniel R. Perlman answered on Nov 5, 2013

If the road is a thru-fare or part of their assigned patrol, they would have no problem with jurisdiction.

1 Answer | Asked in DUI / DWI for California on
Q: DUI second offense from 2010, I just got out of active duty honorably. How do I get rid of a bench warrant?

I got my 2nd offence DUI in 2010, I served time but got a failure to appeare on my second follow court, so now I have a bench warrant.. During that time I was on a deployment in Asia, following that I went to Afghanistan and just got back in October 2012. I was just honorably discharged today, I'm... Read more »

Daniel R. Perlman
Daniel R. Perlman answered on Nov 5, 2013

Sorry nobody replied to this sooner, but here's how you would handle it:

There should be no trouble going to court with documentation of why you were unable to make the appearances and get the FTAs forgiven 100%. You could accomplish this with counsel or on your own if you feel comfortable...
Read more »

2 Answers | Asked in Criminal Law for California on
Q: CAN COPS KICK IN YOUR DOOR ON DOMESTIC VIOLENCE
Daniel R. Perlman
Daniel R. Perlman answered on Nov 5, 2013

Any time officers can cite to exigent circumstance such as not knowing the safety or well-being of an individual who could be hurt or being held against their will, they can and will enter by force.

View More Answers

2 Answers | Asked in Criminal Law for California on
Q: I am 15 years old female and dating a 20 year old what can happen to the 20 year old if we haven't had sex or anything ?
Daniel R. Perlman
Daniel R. Perlman answered on Nov 5, 2013

Statutorily, the 20 year old is at risk of looking guilty and thereby suffering arrest, jail, a criminal proceeding and more should the authorities become aware of the relationship. If nobody ever says there was a physical relationship, the trouble may go away, but it will have been a nightmare... Read more »

View More Answers

2 Answers | Asked in Criminal Law for California on
Q: Police overlooked an active webcam that may have vindicated my friend can he move for a mistrial.

If police overlooked a live webcam that could have vindicated my friend of all charges, a feed that tapes over itself every hour that could have been saved had it been requested, can my friend move for a mistrial? I know the police knew that camera was there, everyone knows about the wavehouse... Read more »

Daniel R. Perlman
Daniel R. Perlman answered on Nov 5, 2013

If there is new evidence in a case, a motion for a new trial can be proper. Far more details would be needed to understand the case, but it is worth pursuing your query.

View More Answers

2 Answers | Asked in Criminal Law for California on
Q: HOW do you get a criminal record expunged ? What kind of attorney do I need to find?
Daniel R. Perlman
Daniel R. Perlman answered on Nov 5, 2013

Most criminal defense attorneys can handle this for you. The difficulty and expense will differ depending on how old the record is, whether or not it is a misdemeanor or a felony or several matters.

View More Answers

1 Answer | Asked in DUI / DWI for California on
Q: I have been summoned to court for a DUI but i live in another state. how can i fix this?
Daniel R. Perlman
Daniel R. Perlman answered on Nov 5, 2013

I am surprised that this question went unanswered, but for those who run into a similar situation there are two choices on how to handle this. One is to simply appear at your own expense. The other, is to hire an attorney who is California can be authorized under penal code 977(a) to appear on... Read more »

2 Answers | Asked in DUI / DWI for California on
Q: Do I plead not guilty or no contest to 23152(A)VC DUI/.09/.08.

CHP did not read the miranda rights before arresting me and did not give form filled out for 30 days temporary driving rights when he took my license. I was arrested same night and released following day at 3 pm on my own recognizance pending court date.

Daniel R. Perlman
Daniel R. Perlman answered on Nov 5, 2013

A no contest or nolo contendre plea would be the same as a guilty plea. If your BAC was .08-.09 you need to fight the case. The fact that you were not read your rights is unimportant in a DUI arrest in California, but the failure to follow other procedures may lead to issues which can be... Read more »

View More Answers

2 Answers | Asked in DUI / DWI for California on
Q: Girlfriend was arrested fo dv should I charge my story in court to get her out of trouble

Was hit 8 -10 while drinking she left bumbs and cops arrested her...I can change story to help her..debating if I should

Daniel R. Perlman
Daniel R. Perlman answered on Nov 5, 2013

I know this issue is probably long past, but I couldn't resist. While it's true that you becoming an uncooperative witness can make the prosecution less sure of their case, they will not give up simply because you are going to testify differently from what you told the officers who responded on... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.