The DA needs proof beyond a reasonable doubt. That is the standard. Video evidence is great, so is DNA. There is no bright line rule as to what constitutes the amount of proof needed. Taking a police officer's word alone might not be proof beyond a reasonable doubt if your attorney can...View More
My boyfriend was leaving they decided out of the blue just to stop him for no reason he asked them why they didn't have an answer until they decided he didn't have reflectors on his bicycle which he has lights and it was daytime they were just looking for an excuse to stop him he did... View More
The facts as you explain them would constitute an illegal stop. For a detention (less than an arrest which requires probable cause) to be legal the officer must have reasonable suspicion a violation of law has already occurred. An officer cannot stop someone without cause, and then, after the...View More
He has threatened, stalked, and harassed me, my family, and our entire neighborhood. Restraining orders have been filed that he continues to violate and we have gotten no help from the police or our HOA regarding the matter. The police have been called numerous times and this person has yet to be... View More
You need to file a CHRO or civil harassment restraining order. Attach any police reports. The death threats are actual crimes, potentially felonies. For those, I would call law enforcement. Go to the county courthouse website and get the appropriate forms. Fill them out, file them and serve...View More
If you were the victim of a sexual assault you should contact the Provo Utah law enforcement agencies. This is a criminal matter. However, you may also sue civilly for sexual assault. I would advise contacting both the law enforcement agency as well as a plaintiff's civil attorney licensed...View More
Generally, in California, you cannot legally record a conversation without the other person’s consent, but such evidence may be admissible in criminal cases even if it was unlawfully recorded. The rules are confusing, so it is best to consult an attorney about what to do.
There is no requirement that a DA give you an offer. Typically the DA will say their offer is "plead to the sheet". This means that you can just plead guilty to every single thing they've charged you with. A DA has broad discretion to settle the case and is not required by law to...View More
There is no such thing as a motion to dismiss for a witness lying. Typically, the credibility of a witness can be attacked through skilled cross-examination by a defense attorney. The jury gets to decide whether to believe this witness. This would be a factual issue to be determined by a jury as...View More
If you weren't drunk before a accident, but crash into a tree and drink alcohol after while waiting for police and a tow truck is it still a OUI even if u crash because u where texting and driving but you where sober at the time. no cop pulled you over and u where on the side of the road for... View More
This is a great question. The answer is no. For a DUI conviction, the person must be under the influence of alcohol at the time of driving. Many people get into an accident while sober, drive or walk home, and then consume alcohol. These people will likely be charged with DUI based on the...View More
Had a DUI last OCT. Had a wet reckless 9 1/2 yrs ago. Since it's within 10 years, in CA it's considered my second. The CA court says I have to be in a 3 month education/group plan. CA DMV says it has to be 18 months. I drive with a IID device in the car now. If I move from CA to FL how... View More
You will need to enroll in the 18-month multiple conviction program. The "wet" is priorable meaning it counts as DUI when charged with another. However, if you enroll in the 18-month MCP and get an ignition interlock device on your car California will remove any hold on your license and...View More
Hi. This a good question. You have the right to deny probation and do custody instead. However, if you're already on probation that means you've already been sentenced. You need to consult a local DUI attorney about withdrawing your plea or being re-sentenced. Best of luck.
My boyfriend got arrested for two vandalism charges involving graffiti, he had gotten arrested Monday evening and released Wednesday night. When the jail released him they told him they had kept his phone at the sheriffs department and he can go pick it up the next day. When we went to go get it... View More
Since he was not in the area of the crime and is being falsely accused. The court has been continued twice so I dont know if the judge has seen my response. Is there anything else I can do to get this removed right away?
People miss their court dates all the time. If you hire a DUI attorney in your area he/she can clear the warrant, enter the plea of not guilty and get the case going in the right direction. Its best to have some reason why you failed to appear but its not required.
You need to contact a DUI attorney in your jurisdiction. Many times an attorney can clear the warrant without you having to post bail. This can save you thousands of dollars. Don't turn yourself in. Just seek out counsel.
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