First of all, if the subject doesn't own the vehicle then they have no "Standing" to challenge the search of the parked vehicle. Second, if the subject had been in the vehicle, they may have probable cause to search it. What was found as a result of the search? It doesn't matter...View More
It was an accident and I'm not pressing charges but neighbors witnessed him hitting me with a car and I was taken to ER for fractured leg. Should I say it was an accident/he was unaware or that he needed to hit me to stop me from attacking him with metal bar? I don't want him going to... View More
You are under no obligation to talk to the police but you shouldn't lie to them. It is not up to you whether charges are filed against him, but up to the DA. The best course of action would be for you to talk to his attorney who can try to convince the DA not to file charges after getting a...View More
We were pulled over for turning right after stopping at a red light. The cop said there was a sign stating 'no right turn on red' but I went back to the intersection and thoroughly looked for a sign stating that and there was none. Doesn't that make it an illegal stop and thus any... View More
Since our profession is based on convincing the other side that we are right, you need to have excellent communication skills. You must be able to write clearly and effectively. If you want to be a trial attorney then you also need to be able to think on your feet and be able to pivot when...View More
Yes, since the Court issued a Bench Warrant and forfeited the bail, you can be taken back into custody and have to post a new bail. However, if it is within 180 days of the Forfeiture, the Court may assess some costs, but will usually reinstate the bail; especially if you are walking in with...View More
First of all, you haven't charged your partner with anything; the District Attorney has filed charges and you are now just a witness. If you truly want to help your partner, talk to their lawyer as to how to best accomplish that. The nightmare known as DCFS gets involved if the children were...View More
In most countries, when you turn 18 you are considered an adult and can therefore make your own decisions. In the US, 17 year olds are still considered minors and therefore, unless you are able to get "emancipated" then you have to obey your family. Once you turn 18, you can apply for a...View More
The short answer is that you can do it all on the CR-180 form available online. There is a box to check to "Reduce Felony to Misdemeanor PC17(b)" that you should check. For DUIs, certain jurisdictions require a showing of "Good Cause" meaning why you need the charge to be...View More
If no charges were filed and there are no other "holds" from other cases he may have, he should be released. However they have up to 1 year to file a misdemeanor and 3 years to file most felonies. If they don't have the evidence together yet (lab results, videos etc) they will...View More
I am particularly concerned because I was excused from a criminal case involving drug possession. I admitted I was previously involved in illegal drug possession although I was never arrested nor charged in that. At the moment I knew it was in the best interest of the court and I was being... View More
No, you have nothing to worry about. In fact, being truthful is what the entire process of Voir Dire is about so you did the right thing. Also, you can't be convicted based on just your own words; they need other evidence.
It all depends on if you hit a person (VC 20001) or an object and no injuries (VC 20002). If you left the scene and someone was injured (even if not your fault) it can be either a Felony or a Misdemeanor. If you just caused property damage, it is a straight misdemeanor. As far as jail time it...View More
Since you mention that you have completed your classes i take it you are on Probation for a DUI. That also means that you are charged with Vehicle code section 14601.2 that is more serious than other types of suspension. They will also presume that you fled because you were under the influence...View More
This is not an issue for a civil suit (what are your damages?) so it was transferred to Criminal. If you have in fact been threatened you should make a police report. Give the evidence of the threat (voice mail, email, text, video) to them and they will investigate and, if they feel there was a...View More
What should a court order for search and seizure entail.also if it statesc1 day for night search must it be enacted that night.does copschave right to forcefully take your personal keys and is a locksmith required.i had documents stolen and not handed over to signing judge.and broken furniture and... View More
I am trying to get my guard card and firearms permit for over a year now and I received a letter from the DOJ saying there is nothing further they can due since there is no disposition. I am going to court house to resolve this matter.
In addition to the FBI research they have concluded... View More
You can file to have your record sealed at the Courthouse that you were to appear in. Since no charges were filed, pursuant to Penal Code section 849 et seq your arrest is now considered a "Detention Only".
You can also Petition the police department that arrested you for a...View More
If you let a person with a Suspended License drive your car, it can be impounded! It doesn't matter if your license is valid; it's the Driver who must have a valid license. Hopefully you didn't acknowledge knowing their DL was Suspended and can get your car out of impound faster.
First of all, have you appeared in Court already or did you not show and have a Bench Warrant? If you haven't appeared yet, your best bet is to show up to the Court that issued the warrant to ask that it be recalled and have the Public Defender appointed to represent you. That way, you may be...View More
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