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Questions Answered by Sergio H. Benavides
1 Answer | Asked in Criminal Law for California on
Q: My boyfriend was arrested and charged w/ damage telephone/powerline and cruelty to children. Can those be reduced?
Sergio H. Benavides
Sergio H. Benavides answered on Sep 26, 2017

Everything depends. On bf's criminal history, the extent of the damage/harm that occurred and howngood his defense attorney is.

2 Answers | Asked in DUI / DWI for California on
Q: I was not read my Miranda rights before or after questioned and arrested for dui. why?

The reason 4 park rangers pulled me over at the same time was my ex called and said I was going to hurt myself. Once they questioned me and saw I was ok, they made me get out and perform sobriety tests which I passed. It was then they said I was speeding and swerving and that was the reason they... Read more »

Sergio H. Benavides
Sergio H. Benavides answered on Jul 24, 2017

Police are entitled to do "investigative questioning" without reading your Miranda rights. Once you are arrested, usually handcuffed, then they are required to read you your rights. The problem is that often the officers will gather everything they need for a DUI conviction during their... Read more »

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2 Answers | Asked in Domestic Violence for California on
Q: Hello there,I had a question regarding a domestic violence case. I

I was in a domestic violence relationship with a juvenile age 17 and i am 18. I have a court protective order against him can i remove that and if so how? How many years of probation would he get? And who can i contact to know how many years he gets? I live in California thank you.

Sergio H. Benavides
Sergio H. Benavides answered on Jul 2, 2017

If you filed for a protective order on your own, and it was granted, then when the judge granted the order it would be stated on the record how long the court order was good for.

If it was a protective order that was granted as part of a criminal domestic violence case, and the...
Read more »

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1 Answer | Asked in Criminal Law and White Collar Crime for California on
Q: If Trump used money from his charitable foundation for himself (self-dealing), why wasn't he charged with a crime ?

A person who stole funds from a charity, especially if he/she was poor and minority, would go to jail.

Sergio H. Benavides
Sergio H. Benavides answered on Jun 20, 2017

Only Congress has the power to prosecute the president, and since Republicans hold the majority power in all three branches of government, they don't want to prosecute the president even if he may be guilty of crimes.

3 Answers | Asked in Criminal Law for California on
Q: I pressed charges on my bf for dv but i decided to drop them how much time will he do if this is his second one

Will not having a lawyer affect him? His first dv was not with me it was from a past relationship

Sergio H. Benavides
Sergio H. Benavides answered on Jun 18, 2017

Not having a lawyer is a big deal, and makes every difference in the world. The victim can always try to recant that statement, but 911 phone calls and initial statements to police are recorded and can be used by aggressive District Attorneys to try to force the victim into testifying or... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: Hey. My brother was arrested for Poseidon of firearm, possession of Billy club, possession of unclassified firework.

He is only 16 what are the chance of him doing time and how long?

Sergio H. Benavides
Sergio H. Benavides answered on Jun 12, 2017

It will depend on your brother's criminal history, his home behavior, his behavior at school, and the county he's in. As well as how good his attorney is, and how bad the DA is. Many factors come into play determining whether or not a minor will spend time in jail.

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1 Answer | Asked in Criminal Law for California on
Q: My friend received a letter from District attorneys office for PC 484(A) from Frys. What are his options? He do

My fried. Was charged with a PC 484(A) in 2009. He wasnt charged until 2012. He did 10days work project. His record was expunged dec 2015.

He was at frys and forgot to pay for an item in his cart. The LP stopped him and stated " I had my eyes on you since you walked in the store" mind you... Read more »

Sergio H. Benavides
Sergio H. Benavides answered on Jun 10, 2017

It is likely a misdemeanor. The civil demand--whether it is paid or not--will have zero effect on a criminal case thru the District Attorney's office. The case may be defendible, but you won't know until you consult with a knowledgeable, experienced criminal defense attorney. Contact a few in your... Read more »

1 Answer | Asked in Criminal Law for California on
Q: I haven't enrolled for pc 1000 classes yet and my court date is coming up. What will happen, what can i do?

I was sentenced over a year ago and haven't even enrolled. I'm supposed to have completed it by this upcoming court date.

Sergio H. Benavides
Sergio H. Benavides answered on Jun 4, 2017

The first thing to do is talk to your attorney. If you don't have one, get one. This is technically a violation and you could lose out on earning a dismissal (with DEJ) if you are not properly prepared for court. Meet with an experienced not younger newer lawyer, to find out what you can do.

1 Answer | Asked in Criminal Law for California on
Q: If I have a 21yr old DV SEALED CASE can I get a felony for a new DV CASE?
Sergio H. Benavides
Sergio H. Benavides answered on Jun 4, 2017

Of course you can. If you get newly arrested and are charged for a new crime, there is potential for a new connection for a felony. Whether it is a misdemeanor or felony will depend on how badly injured the "victim" is and how aggressive the DA wants to be .

3 Answers | Asked in Family Law and Domestic Violence for California on
Q: What should my son do to help him?

My son pushed his girlfriend and she pinched him , during the incident her 5yr old daughter was present and thier 4 month old. The girlfriend called the cops, but the cops never contacted my son and the girlfriend still came around. The GF has a therapist and mentioned to him that my son has a... Read more »

Sergio H. Benavides
Sergio H. Benavides answered on May 14, 2017

Gf has a choice to make and can't let herself be pressured by a judge for a Restraining Order. She decides, not a judge. Your son should not pressure gf to avoid a RO, because that could lead to additional criminal charges.

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4 Answers | Asked in Criminal Law for California on
Q: Can the DA really press charges if I never accused my husband of D.V.?

My nine year old heard a loud noise during an argument and called the police to say my husband had slammed me to the ground. This did not happen, nor was he in the room. I had no marks and was adamant that no physical contact occurred, yet they arrested my husband anyway.

Sergio H. Benavides
Sergio H. Benavides answered on Apr 30, 2017

The police were in a police report and send it to the district attorney for a valuation. Sorry what happened

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4 Answers | Asked in Criminal Law for California on
Q: Can my ex girlfriend file charges from an incedent that happened 6 months ago?

I was arrested for domestic violence 6 months ago but the charges were dropped. We broke up and now she wants to file charges. Can my ex still press charges from 6 months ago?

Sergio H. Benavides
Sergio H. Benavides answered on Apr 26, 2017

Your ex can absolutely contact law enforcement and pressure THEM to file charges, but she cannot.

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1 Answer | Asked in DUI / DWI for California on
Q: If I get in an out-of-state DUI accident, where should I hire an attorney to represent me: my home state or the state in

which the accident occurred?

Sergio H. Benavides
Sergio H. Benavides answered on Apr 11, 2017

You would need to hire an attorney from the state in which the accident occurred, since that is where you'll be dealing with the charges and that is where the attorney will have a license to practice.

1 Answer | Asked in Criminal Law for California on
Q: if I did a drug diverson over 20 years ago with no other drug charges since can I request it a gain?
Sergio H. Benavides
Sergio H. Benavides answered on Mar 12, 2017

DEJ or Prop 36 may again be available. Nut these programs require a plea firet, dismissal later. They are not true diversion. Speak with a criminal defense lawyer to be sure of your options.

2 Answers | Asked in Criminal Law for California on
Q: I failed to report income to the welfare office and now I have criminal charges filed against me

I have been paying $80 a month to what I/O do you think that will help my case in anyway and do you think I will get a felony or jail time I have no record whatsoever

Sergio H. Benavides
Sergio H. Benavides answered on Feb 27, 2017

Difficult to answer what will happen. What you should do is seek a consultation in person with an experienced criminal defesne attorney.

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1 Answer | Asked in DUI / DWI and Immigration Law for California on
Q: Filing citizenship or renewing my permanent resident card with DUI on my record?

Long Beach, CA | 20 hours ago

I have one DUI on my record that happen 8/11/12 in Los Angeles county and convicted 6/4/2013 with count 02 Charge Section 23152(B) and count 01 Charge Section 23152(A) was dismissed. I complied with the court and DMV prerequisites to complete my case. As an... Read more »

Sergio H. Benavides
Sergio H. Benavides answered on Feb 25, 2017

When you have a criminal record, and you want to apply for citizenship, you seriously need the help of an attorney to analyze your situation very carefully. Whether or not to file citizenship is a difficult question, because immigration authorities look at someone's criminal record in a different... Read more »

2 Answers | Asked in Criminal Law for California on
Q: If a CA inmate has a fugitive hold in AZ, how can he take care of it while he is serving his time in CA?

While he is doing his time in a San Bernardino County Facility my friend wants to know if he can do anything about his fugitive hold from AZ. Is there a way he can have someone go on his behalf to a court date or some type of paperwork he can sign and have sent back to AZ? Any kind of advice would... Read more »

Sergio H. Benavides
Sergio H. Benavides answered on Feb 23, 2017

His attorney can get in touch with the prosecutor's office in Arizona and see if the issue that gave birth to the fugitive hold can be negotiated in a way that could help out the person in California.

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2 Answers | Asked in Domestic Violence for California on
Q: Hello, what actions are taken if a woman calls 911 for domestic violence?
Sergio H. Benavides
Sergio H. Benavides answered on Feb 21, 2017

The police will come and take statements from all witnesses and the accused, and write police reports. They will also offer the 'victim' a protective Restraining order.

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1 Answer | Asked in Domestic Violence and Elder Law for California on
Q: Can I (68 yrs) get a restraining order against my son who lives with me after I added his name to the title of my house

To begin with I went to a paralegal some years ago intending to leave my house to my son after my passing. But recently, I came to find out, that his name was added to the title of ownership instead. The paralegal whom I went with then for assistance is no longer around. At that time my son was a... Read more »

Sergio H. Benavides
Sergio H. Benavides answered on Feb 11, 2017

You can absolutely get a restraining order against your son. But you should know, if it is granted. you might be making your son homeless. If you get a stay away order, then your son won't be able to live in his own home--it happens all the time with domestic violence criminal protective orders.

2 Answers | Asked in Criminal Law and Immigration Law for California on
Q: My Refugee was recently granted. I have to wait 1 year to apply for my green card. I am from Iran.

I recently got a ticket for doing remodeling without having a contractor license and will need to court. Can I still get my green card? I have not gone to court to plea guilty yet. Should I delay the court until I get my greencard. Will the immigration run a background check one more time before... Read more »

Sergio H. Benavides
Sergio H. Benavides answered on Feb 11, 2017

You probably will not be granted a green card if criminal charges are pending. It is worth your money to consult with an immigration and criminal attorney, or one who does both, to be sure that the criminal charges are resolved in a way that don't put your chances for a green card in danger.

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