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Questions Answered by David Dastrup
1 Answer | Asked in Criminal Law for California on
Q: What is a judge trial
David Dastrup
David Dastrup
answered on May 5, 2022

Probably means a bench trial. Judge is the trier of fact, instead of the jury.

1 Answer | Asked in Criminal Law for California on
Q: my offender was sentenced 4/14/20. restitution 5/26/21 why is there more hearings (Further Proceedings) Location(SCH)??

The case is closed and offender in prison. Why do I see the court websjte showing to other hearing after restifution showing as (further Proceedings) and the location shows as (LOCATION SCH) Rather than the original location been (Compton courthouse dept .10) what can this mean. The D.A has failed... Read more »

David Dastrup
David Dastrup
answered on May 5, 2022

Here is a partial answer, that may be helpful. Restitution is essentially paying a victim for property damage, bodily injury, etc.; for the victims economic out of pocket losses. Restitution issues take time to resolve, and is not ordered by the court until after sentencing. It is possible to have... Read more »

1 Answer | Asked in Traffic Tickets for California on
Q: I was cited a seatbelt ticket and only a seatbelt ticket. Was the officer in the right or wrong?

The officer had no other reason for the stop and no other citation was received is a seatbelt violation considered probable cause for a traffic stop?

David Dastrup
David Dastrup
answered on May 5, 2022

Reasonable suspension & plain view - If the officer saw that you were not wearing a seat belt, then, yes, they can conduct a traffic stop and cite you for the infraction for not wearing a seat belt.

Sometimes people say that there is no possible way the officer saw that I was not...
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4 Answers | Asked in DUI / DWI for California on
Q: Ok i was dropped from a 3 month DUI program ...

I feel they were in the wrong ( i explained all this in my first question....

The thing is my DUI will be 10 years old this June 2022 ... And i went to the court and DUI liaison for my options but got the run around and i eventually just forget about rectifying it but i now have come in to... Read more »

David Dastrup
David Dastrup
answered on May 5, 2022

It is possible that the AB541 3 month alcohol program provider is still in business and has records of your participation in the DUI program from 10 years ago. However, you still need a court order to re-enroll and complete the program. and, you will have to pay for the balance of the program, at... Read more »

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4 Answers | Asked in Criminal Law for California on
Q: Can I be fined for a petty theft even if cops were not called
David Dastrup
David Dastrup
answered on Nov 12, 2021

First, a "fine" in the criminal meaning is money ordered to be paid by the court after someone is convicted of a crime.

And, yes, the cops do not need to be involved at the scene or when it happened. But the fine is not imposed until after a conviction.

Here is further...
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2 Answers | Asked in Civil Rights and Criminal Law for California on
Q: Can police see your warrant if they run the license plates of a vehicle that is not registered under your name?

I got pulled over for expired tags. Police beat me up badly and didnt know my neighbor's cameras caught the whole thing. I didn't know I had a warrant and the police officer never mentioned anything about me having a warrant either. Now that I'm fighting the charges, they're... Read more »

David Dastrup
David Dastrup
answered on Jun 17, 2019

You are right in that it does not make sense that they would find a warrant for you based on looking up someone else's license plates. There are a lot of different reasons police pull people over. Here, if the tags were actually expired, that is a legitimate reason. However, sometimes a police... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: My son is being charged with burglary and a strike for attempting to break in to a detached garage
David Dastrup
David Dastrup
answered on Jun 17, 2019

What is your question? Are you looking for an attorney or for some information?

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1 Answer | Asked in Traffic Tickets for California on
Q: I found that I got a ticket 3 years ego and they sent letter to address that was not on my driving license

I live in San Diego and ticket was in Fremont and I don’t know they send it to the address that I had in 2010 not 2016. Now ticket is $800!! What should I do?

David Dastrup
David Dastrup
answered on Jun 17, 2019

If the ticket is causing a hold for your drivers license, then you should take care of it. Find an attorney in the area of where the court is located and hire them to help you resolve it.

By the way, if you were handed a ticket in person, that would have been notice to appear. The court...
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1 Answer | Asked in Traffic Tickets for California on
Q: Can a cop legally give two different people the same ticket for the same vehicle if it is being transferred from one to

A friend is take over payments on a vehicle I no longer need and he was pulled over for speeding after making a turn from a stop light and I as the vehicle owner as well as the friend got a ticket for the same thing even though I was not present.

David Dastrup
David Dastrup
answered on Jun 17, 2019

Generally, only the driver can be cited for speeding. If the owner is cited, it is probably for something else. To receive an owner responsibility ticket, the owner does not need to be present.

3 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for California on
Q: Can four defendants be tried all together and have to take the same plead?

Witness report states which defendant actually did the crime and which ones didn’t. But they are all getting the same plead

David Dastrup
David Dastrup
answered on Feb 8, 2019

You cannot be forced to plead a certain way because somebody else does. In fact, the court (at State Bar ethics rules) will require that you be assigned a different attorney to avoid a conflict of interest if you do not want to do the same thing with your case that the other defendants want. So you... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: I am being charged with pc 192(c)(2).Do you think I have a case? Should I hire a laywer or will a Public Defender do?

Early in the morning around 6:25AM (still dusk). while on my way to work, I was approaching an intersection, I saw that all lanes of traffic appeared to be flowing normally. At this point I was probably several hundred feet away. I then noticed the cars directly in front of me were not moving. In... Read more »

David Dastrup
David Dastrup
answered on Jun 21, 2017

Public defenders are real lawyers, and very competent. However, a private attorney will likely take more time on your case, but this will cost more, too. It is your choice. Regardless, you must be concerned with this case and an attorney will help your situation. The judge will not let you go this... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: How high can a judge place bail above that counties schedule for a misdemeanor?

What can you do to get the court to eliminate excessive bail for a misdemeanor?

David Dastrup
David Dastrup
answered on Jun 21, 2017

To argue excessive bail, you really need an attorney to make the legal arguments, not a do it yourself project. However, you can go to a law library and research the issue and your rights and come up with a few points.

1 Answer | Asked in Criminal Law for California on
Q: I never missed a court date they had gave me one but it never happed

When i went to check i had a warrent

David Dastrup
David Dastrup
answered on Jun 16, 2017

This scenario can be fixed, but best with an attorney to explain to the judge how and why it happened. If you went to court on the date they gave you but the case was not filed, and then later they issued a warrant because the case was filed later and a new court date was set without you knowing,... Read more »

1 Answer | Asked in Criminal Law and Stockbroker Fraud for California on
Q: I got arrested than got OR an now when i was looking up my court date it said i had a warrent

They said they filed with warrent what does that mean?

David Dastrup
David Dastrup
answered on Jun 16, 2017

After you are released O.R., then you still have to go back to court. If you miss that court date, then a warrant will be issued. If this is not what happened, there are other possibilities, such as a court clerical error, or a notice to appear with a different date but you never received the... Read more »

1 Answer | Asked in Contracts, Criminal Law and Appeals / Appellate Law for California on
Q: I got arrested for a warrant I severed time for I got bailed out and haven't seen a judge yet. I'm wondering if there's

Any way to stop making payments to bail bondmen if I already served my time for tht

David Dastrup
David Dastrup
answered on Jun 15, 2017

Not sure exactly of your situation. However, paying the bail bondsman is unrelated to the court in most ways. You simply owe the bondsman for posting a bail bond on your behalf, you are paying for a service that already took place. If you are out on bail now, the bond will not be exonerated until... Read more »

1 Answer | Asked in Criminal Law, Family Law, Education Law and Juvenile Law for California on
Q: If a 17 year old runs away from home to live with adult boyfriend & fam & parent won't report it should teacher report ?
David Dastrup
David Dastrup
answered on Jun 15, 2017

If you are a teacher, you have certain responsibilities. If you are unaware or unsure what to do, maybe talk to someone who is more familiar. The principle at the school has usually dealt with situations like this more than an inexperienced teacher, and might be a good resource, although the... Read more »

1 Answer | Asked in Criminal Law for California on
Q: What is penal code 259(2)
David Dastrup
David Dastrup
answered on Jun 15, 2017

Might you be thinking of the probate code section, which actually references the penal code. Look up Probate Code 259 and then look up Penal Code 236

1 Answer | Asked in Criminal Law for California on
Q: Bail out before or after arraignment?

Booked on 3 misdemeanor counts, throw at vehicle, dui in possession of, and blowing over 0.08, 1 felony count awd non firearm. Client also has outstanding traffic tickets, from before arrest. With a previous brandishing charge that is 10 years old, no other priores. Client is also from area,... Read more »

David Dastrup
David Dastrup
answered on Jun 15, 2017

It depends, so he hiring an attorney that is familiar with the court, and could look at the details of the case and priors, would best be able to advise on this. No guessing is going to help, other than to say that if bailed out, then there is time without being in jail to work on case--this is... Read more »

1 Answer | Asked in Criminal Law, Family Law, Immigration Law and Domestic Violence for California on
Q: Hi! I have a question regarding open criminal cases of DV in California.

I was an international student in a univ. of CA. The week after my graduation, my parents & I were in a hotel of Thousand Oaks & one day my dad disrupted the hotel office by insulting employees. They opted for not pressing charges; the thing was that when we went back to the room to get our... Read more »

David Dastrup
David Dastrup
answered on Jun 15, 2017

Great question. Sorry to hear about the problem. It is typical to be released and required to report back to court, either for another hearing or for a first hearing after the prosecution is ready to proceed (they have time, but limited time). Thus, the case is almost certainly still open,... Read more »

1 Answer | Asked in Criminal Law for California on
Q: After 3 yrs of court I was assured by my counsel that if I pled guilty that I could receive 6 months home confinement

This is in leui of 1 yr jail term plus 3 yrs formal probation . After I signed it was ordered to meet probation in the county I was convicted in. During the 3 yr court fight I relocated to anither County and have been residing here for 2 yrs. Both my counsel and the DA were aware of my move. I... Read more »

David Dastrup
David Dastrup
answered on Jun 15, 2017

With legitimate doctor's records of surgeries, highly unlikely that any judge will not all time to handle a court order. On the other hand, moving out of county but expecting the county to provide you services out of their county is unrealistic, especially if you had a specific deal. Depending... Read more »

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