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Questions Answered by Kevin E Mitchell
1 Answer | Asked in DUI / DWI for California on
Q: What does it mean when someone turns himself into jail and the type of arrest is listed as commitment?
Kevin E Mitchell
Kevin E Mitchell answered on Aug 15, 2017

That sounds like a situation where a sentence including a jail or prison term was already pronounced or ordered by a judge and that all or some potion of that term remained to be served.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: I was recently stopped for failure to maintain lane and after brief explanation I was let go

I stopped after this at a gas station for roughly 15 minutes, I then continued on my route home only to be pulled over by the very same cop for doing nothing at all! When I asked the cop "why did you stop me?" His response was "why didn't I stop?" I replied I did stop back there at the gas station... Read more »

Kevin E Mitchell
Kevin E Mitchell answered on Aug 15, 2017

The way you describe it, it sounds unlawful. What the cop has to say to justify the reasonableness of his decision to stop you twice is what matters. If you are charged, ask your attorney to investigate and file a motion to suppress. Whether or not you are charged, you may still file a complaint... Read more »

2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: How do I contest a very old Open Bench Warrant?

*Edit: I reached out to the courts again. This time I got a bit more information. Despite the background check stating the Bench Warrant was because of failure to show, the clerk stated it is because of an unpaid fine. She states it shows I made a payment but there is still a balance. The fine... Read more »

Kevin E Mitchell
Kevin E Mitchell answered on Aug 15, 2017

I would advise you to contact the public defender's office in the county where the warrant was issued. They may be able to assist you or refer you to someone in the area who can.

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1 Answer | Asked in Criminal Law for California on
Q: What does "The case is dismissed pursuant to 1385 PC ; re: No useful purpose on the motion of People" mean?

My little sister gets arrested weekly due to a drug addiction. It's always under the influence of a controlled substance. She's been granted prop 36 numerous times, gets 3 strikes, it gets revoked and immediately reinstated. She gets released from custody, ordered to appear at her next court date,... Read more »

Kevin E Mitchell
Kevin E Mitchell answered on Aug 15, 2017

You would have to ask the DA listed on the minute order what he or she meant by "No useful purpose"

1385. (a) The judge or magistrate may, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed....
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3 Answers | Asked in Criminal Law and Traffic Tickets for California on
Q: Can I get my charges reduced from a misdemeanor to an infraction?

I have received a ticket for driving without a license and it is under a misdemeanor offense. This is my first offense and I have recently received my drivers license. I am scheduled to appear in court for next month.

Kevin E Mitchell
Kevin E Mitchell answered on Aug 15, 2017

CA Penal Code section 19.8 provides a list of the misdemeanors that may be reduced to infractions pursuant to section 17(d). I would imagine the actual charge when you go to court for a 12500 (driving with no license in possession) will be an infraction, even if the ticket says misdemeanor. If you... Read more »

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4 Answers | Asked in DUI / DWI for California on
Q: Is it possible to refuse a breathalyzer test?
Kevin E Mitchell
Kevin E Mitchell answered on Aug 15, 2017

Most people do not know there are two breath tests offered by the cops. In California, you may currently refuse the PAS breath test only. This test is the one where the officer asks you on the side of the road to blow into a mobile device. You do not have to. However, you ARE required to provide a... Read more »

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5 Answers | Asked in Car Accidents and Personal Injury for California on
Q: How are they claiming injuries and no fault in a left turn accident?

I was hit several days ago on my way to work. I was driving southbound on a road approaching an intersection (the road I was on did not have a stop sign on either side). A car was driving opposite of me (northbound) and was wanting to make a left turn.

I didn't anticipate that the car was... Read more »

Kevin E Mitchell
Kevin E Mitchell answered on May 26, 2017

A similar situation happened to me. California is a comparative fault state. They are going to claim that you were speeding and try to apportion some smaller percentage of fault to you to cause you to recover less money.

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1 Answer | Asked in Criminal Law for California on
Q: return of money police seized. how and what do i file to start the process.?

at the time of my arrest i had cash on me that was from my paycheck. i still have proof from my job and paystub . the police took it and when i bailed out , it was not with my belongings,my phone missing too., and no property receipt saying they were keeping it for evidence or even that they took... Read more »

Kevin E Mitchell
Kevin E Mitchell answered on May 5, 2017

Cash and phones are often seized by police. Certain charges will subject the money to forfeiture proceedings, so it's good that you have your paystub to show the source. You should have received notice from police if it was seized for that purpose. Otherwise, it may be listed as evidence in the... Read more »

1 Answer | Asked in Criminal Law for California on
Q: Can my husband still be extradited back to Kansas on a pending case when that case is almost 3 years old?

My husband currently is serving a prison sentence in CA. He has an active hold against him from the state of Kansas in which he had a pending case that is almost 3 years old. A year ago he received documents in regards to his out of state warrant and was noted in the document that the other party... Read more »

Kevin E Mitchell
Kevin E Mitchell answered on Apr 27, 2017

Yes, since he was already in custody on the California case, Kansas can't pick him up on the warrant. They can't extradite without a hearing unless he waives. Usually the hearing occurs close to his scheduled release date in CA.

2 Answers | Asked in Criminal Law and Juvenile Law for California on
Q: If your 18 or older and you get into a fight (just fist fight) with the person the SAME age as you, can you go to jail
Kevin E Mitchell
Kevin E Mitchell answered on Apr 27, 2017

It depends who the police believe was the aggressor based on witness statements and injuries. But even if you are arrested, you might not get charged. It really depends on the circumstances.

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2 Answers | Asked in Juvenile Law and Criminal Law for California on
Q: Im 21 and I have friends that are under 18 what will happen to me if we get arrested
Kevin E Mitchell
Kevin E Mitchell answered on Apr 27, 2017

If you all get arrested for engaging in any criminal conduct together, you may also find yourself charged with contributing to the delinquency of a minor.

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