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Questions Answered by David Dastrup
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... View 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... View More

1 Answer | Asked in Criminal Law for California on
Q: can my family member request a copy of my criminal proceeding and an affidavit of the judge's order
David Dastrup
David Dastrup
answered on Jun 15, 2017

Some court clerk's will only give it to the defendant or an attorney, and this varies from courthouse or clerk. If they won't give it to a family member, simply hire an attorney to get the record for you.

1 Answer | Asked in Criminal Law for California on
Q: I had a conviction over turned and I am interested in getting my fines and refunded per the Supreme Court ruling.

My conviction was in San Diego California. When I attempted to get info from the courts Revenue and Recovery Dept. They were rude and told my that that ruling did not apply to my case and would offer no help or info. They pretty much just shut me down after asking about a refund and bringing up the... View More

David Dastrup
David Dastrup
answered on Jun 15, 2017

The court's staff cannot give legal advice. If you feel that they should be refunding you because of a Supreme Court ruling that retroactively applies to your conviction, then you need an attorney. However, it sounds like you had some type of diversion, maybe a finding of guilt based on a plea... View More

1 Answer | Asked in Criminal Law for California on
Q: If a person is listed on a search warrant of a residence can a seperate parties room be unsearched if the door is locked
David Dastrup
David Dastrup
answered on Jun 15, 2017

Depends on the scope of the search, what is allowed to be searched and what they are looking for, as stated in the warrant, and other factors about the other room as part of the residence or clearly a separate persons room, etc. You really need an attorney to look at the details.

1 Answer | Asked in Criminal Law for California on
Q: I have a trial coming up I am suppose to have a co defendant and they keep saying I'm going to trial with out her..

my question is I bought a box at target and was hit up by loss prevention and arrested because there was stuff in the box . I had no idea there was stuff in box that did not belong there. so I guess these co defendants I am suppose to have put stuff in there but I only went to store and bought a... View More

David Dastrup
David Dastrup
answered on Jun 13, 2017

Going to trial is a very serious concern that requires an attorney. Having co-defendants complicates not only the case generally, but also how the jury will respond to you compared to the co-defendants. This is not a do-it-yourself project, so you really need to ask your attorney, or hire an... View More

5 Answers | Asked in DUI / DWI for California on
Q: If I'm a California resident but get caught driving under the influence in a different state, can I get charged there

and would I have to travel to appear in court there?

David Dastrup
David Dastrup
answered on Jun 13, 2017

Yes, and it depends on that state's laws.

You most certainly can be charged with a crime where it was committed and held to answer at that location.

Whether or not you may appear in court through an attorney without you being personally present, depends on that state's...
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1 Answer | Asked in Traffic Tickets for California on
Q: Pulled over in Glendale on my way home, during a focused crack down on motorcyclists. Can I do anything?

I was on my way home on Friday evening, when a Glendale police officer on a motorcycle pulled me over.

The officer approached me and asked to see my license and registration. Before handing him the documents, I asked him why I was being pulled over. He proceeded to tell me it was due to my... View More

David Dastrup
David Dastrup
answered on Jun 12, 2017

The officer might have been doing you a favor, citing you for something you could quickly get signed-off by police and then provide proof of correction to the court. Had he cited you for a loud exhaust, that would be a significant problem for you. Look at the positive. Seriously.

1 Answer | Asked in Traffic Tickets for California on
Q: My girlfriend just got a letter from San Francisco that said she failed to answer a ticket she was never given.

What can she do?

David Dastrup
David Dastrup
answered on Jun 2, 2017

She can hire an attorney to fight the ticket. If so, and the ticket is old, then it could get dismissed for statutory or constitutional reasons. If the ticket is recent, better to deal with it quickly and avoid a suspended drivers license. If she was never cited, never promised to appear in court... View More

1 Answer | Asked in Criminal Law for California on
Q: Cps case close in prior state, loud noise complaint in new state can police see that info
David Dastrup
David Dastrup
answered on Jun 2, 2017

Sometimes police or courts do not see everything from other states but most often previous criminal records are just that, criminal records, and can be seen by government entities pulling up criminal records. A loud noise complaint may be filed as a misdemeanor/criminal charge of disturbing the... View More

2 Answers | Asked in Bankruptcy and Criminal Law for California on
Q: Will I go to jail on my first appearance in court if I'm being charged with possession and evading
David Dastrup
David Dastrup
answered on Jun 2, 2017

It depends on several factors. You would be better off having an attorney appear in court for you to help avoid going to jail. If this is a misdemeanor, chances are that an attorney can appear for you without you present in court.

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3 Answers | Asked in Consumer Law, Criminal Law and Small Claims for California on
Q: Is it theft if lets say you decided to keep a bag of cash you got handed at the at a Walmart?

Lets say the bag of cash was ment to be properly allocated in the cash drawer for change and it amounted about $5000. But the cashier accidentally handed you that bag. And you decide to keep it and not return it. And spend it all as well.

David Dastrup
David Dastrup
answered on Jun 2, 2017

Serious crime. While it sounds like an unlikely "accident," if it truly was an accident then there still may be a way to make things right. (Personal integrity will take a person much further in this game of life than $5000.) Criminal defense attorneys help people all the time with... View More

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2 Answers | Asked in Criminal Law for California on
Q: I have an active warrant for a misdemeanor in LA County I need to get on calendar the case is pending what can I do?
David Dastrup
David Dastrup
answered on Jun 1, 2017

With a warrant, there is always a risk of being hauled into jail, so best to hire an attorney to clear the warrant for you. Furthermore, you need an attorney to represent you on the underlying criminal case, for which there is a risk of jail and high fines and other consequences. While you probably... View More

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2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: What happens if a man is charged with statitory resulting in pregnacy and can prove fraudulant rape ?

As in she showed valid id and able to use it at 711. And when suspected of not being legal cops do facial recognition and say she is legal. In 2015. Turned out to b on run from 2014 with an apb. Also he has ten witnesses. From day he met her.

David Dastrup
David Dastrup
answered on May 24, 2017

Sounds like you have a lot of facts that need an attorney to review. Furthermore, the question and statements you present need some clarification. Best to hire an attorney without delay or contact the public defender--excellent attorneys, too.

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2 Answers | Asked in Criminal Law for California on
Q: Hi I was wondering how hard or possiable it is to get charges dropped or dismissed in Bakersfield ?

Where I am victim and the charges are against my husband , who has not been arrested on the charges yet? What could I do

David Dastrup
David Dastrup
answered on May 24, 2017

If this is a domestic violence case (e.g., you called police on your husband after getting into some kind of dispute with him and police arrested him) that you now regret being involved in and want it to go away, be aware that the prosecution hears this same story on the vast majority of domestic... View More

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1 Answer | Asked in Traffic Tickets for California on
Q: I ran a red light and a traffic camera took my picture but it was issued to my dad. How do I handle this?
David Dastrup
David Dastrup
answered on May 24, 2017

You hire an attorney to get is dismissed, using the legal process to help increase the chances that it will not be re-issued as a new case against you.

However, historically, in LA County, some people ignore red light camera tickets because consequences are relatively less significant that...
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2 Answers | Asked in Traffic Tickets for California on
Q: can i turbocharge my car IN CALIFORNIA
David Dastrup
David Dastrup
answered on May 24, 2017

There are laws about what is street legal and a car must pass smog. However, a turbocharger in itself is not illegal. New cars are sold with turbocharges, but they comply with smog rules, etc. The problem most fast and furious type car owners have is modifying their car in a manner that brings... View More

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1 Answer | Asked in Traffic Tickets for California on
Q: can I attend court by myself without a legal guardian since I'm under age? When do I pay the fine they decide to give me

I was driving in the carpool lane by myself and was pulled over for a carpool violation. The officer said they'll tell me in court (since I have a court date in two months) what my fine/consequence will be, do they expect me to pay the fine right then and there or will

I have time to... View More

David Dastrup
David Dastrup
answered on May 24, 2017

If under 18, you must have a parent with you. However, for infraction traffic court, if you hire an attorney, you probably will not have to go to court.

1 Answer | Asked in Traffic Tickets for California on
Q: I didn't know I had an unpaid ticket I want to know if there is a way I don't have to pay a fee?

In 2015 I got two tickets I went through with the amnesty program and maid a payment plan for my tickets. In 2016 when I got my tax return I paid off what I thought was both tickets. I didn't know that the ticket fee wasn't combined. Here I am 1 year and 3 months later and I receive a... View More

David Dastrup
David Dastrup
answered on May 24, 2017

Failure to pay issues and how to deal with them vary between counties, so you may need an attorney that practices regularly in the county that your ticket is located and seek assistance to resolve the issue.

1 Answer | Asked in Criminal Law for California on
Q: What does arest 2182208 and 21797221 and warent 530596702, 530680438 and 530764063 mean im doing a check on a person

It says typs of court under criminal records also pops up with mistameaners. With the code but doesnt have a crime code for them

David Dastrup
David Dastrup
answered on May 24, 2017

Those numbers may identify the case or warrant, etc. If you want to know about the case, you need to contact the court where the court is located. Better off hiring an attorney to do this and clear up the warrants and handle the cases.

2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Have to serve jail time in AZ. I live in California. How do I look for a jail in my hometown to do the jail the time?
David Dastrup
David Dastrup
answered on May 24, 2017

"City Jail" or "Private Jail" is when someone gets approval from a court to do jail at a local police department's jail instead of county jail. You can search online or call your local police department and find out if they do this. If they do, they usually have strict... View More

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