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Questions Answered by William Mihrtad Paparian
2 Answers | Asked in DUI / DWI for California on
Q: What requirements does a police officer need to meet to justify pulling me over on the suspicion of drunk driving?
William Mihrtad Paparian
William Mihrtad Paparian answered on Mar 17, 2017

The initial traffic stop is frequently unrelated to a suspicion that you are driving under the influence of alcohol. It could be a garden variety violation of the Vehicle Code: speeding, unsafe lane change, failure to come to a complete stop at a stop sign. Or it might be for an equipment... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: Hello, quick question! If someone has a FTA after written promise does that make them ineligible for OR release? Thanks!
William Mihrtad Paparian
William Mihrtad Paparian answered on Mar 16, 2017

In the absence of a compelling explanation for the failure to appear it will be very difficult.

1 Answer | Asked in Criminal Law for California on
Q: I am being charged with felony charges 1 count. Penal code 487 (a) and welfare& institutions code 14107 (b) (1) in ca.

I have a prior felony charge that I was convicted of in 2014 penal code 368 (e) I was sentenced to 2 years in la county jail I served 11 months and was.released in 2015.

William Mihrtad Paparian
William Mihrtad Paparian answered on Mar 15, 2017

For the 487(a) charge of Grand theft the sentencing range is 16 months for the low term, 24 months for the mid tem, and 36 months for the high term.

For the charge of 14107(b)(1) the sentencing range is 24 months, 26 months, and 60 months.

1 Answer | Asked in Civil Litigation and Criminal Law for California on
Q: Is it lawful to disassemble a fire arm to carry in a vehicle in the state of California

I currently live in Arizona right next to CA and go back and forth almost on a daily basis. Also i am a california resident because of my military status.I carry canceled in Arizona legally and when I cross state lines the fire arm is then disassembled and seperated to prevent the prices to be... Read more »

William Mihrtad Paparian
William Mihrtad Paparian answered on Mar 14, 2017

Generally, handguns being transported should be in a locked container with any ammunition in a separate location. If you are travelling in a passenger car - not an SUV - the handgun should be in the trunk and any ammunition in

the passenger portion of the vehicle. If your vehicle is an...
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2 Answers | Asked in Criminal Law for California on
Q: Will I have stricter probation or will I serve jail time?

I was sentenced 45 days for joy riding in California but got put on probation for 3 years I did not report to the kiosk machine and now have an arrest warrant for my arrest what will happen if I get arrested

William Mihrtad Paparian
William Mihrtad Paparian answered on Mar 13, 2017

If you wait until your picked up on the arrest warrant you will remain in custody until you are brought back to the sentencing court. The court will remand you into custody pending a probation violation hearing and an updated report from the probation department. Your best course of action would... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: What is my best option for shoplifting charges?

Last week I was hanging out with an old friend and decided to shoplift a pair of shoes. Got caught and have court in a couple months for it. I have no criminal record.

I'm in college and I graduate in May. I really don't know all my options here but I don't want to go to jail and I... Read more »

William Mihrtad Paparian
William Mihrtad Paparian answered on Mar 7, 2017

Depending on the value of the shoes it might be possible to get the case reduced to an infraction. Otherwise as a first time offender you would be a good candidate for diversion so you can avoid a conviction. As part of diversion you would have to perform community service or community labor... Read more »

1 Answer | Asked in Criminal Law for California on
Q: What is the statute of limitations timeline to obtain a search warrent and search someone's home with probable cause

W as pulled over and I had nothing on me, 3 weeks later my home was raided and the search warrent had incorrect info such as the numerical portion, description etc. was this illegal?

William Mihrtad Paparian
William Mihrtad Paparian answered on Mar 5, 2017

I would have to take a look at the affidavit that was submitted to justify the issuance of the search warrant but it may well be that the concept of the "staleness" of the probable cause is at play in this case.

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Describe diff in consecutive and concurrent sentencing in California
William Mihrtad Paparian
William Mihrtad Paparian answered on Feb 28, 2017

Consecutive sentences are stacked on top of each other for additional time, concurrent sentences run together for no additional time.

1 Answer | Asked in Criminal Law for California on
Q: In CA does a consecutive sentence mean you do each charge and the years w that charge but concurrent altogether

My husband in CA I'm in ga he was given a plea deal of 33 years consecutive does this mean all years have to be completed before he can be eligible for parole

William Mihrtad Paparian
William Mihrtad Paparian answered on Feb 28, 2017

No, it doesn't. It will depend on the type of crimes alleged to have been perpetrated.

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

William Mihrtad Paparian
William Mihrtad Paparian answered on Feb 27, 2017

You are probably a good candidate for a probationary sentence. Making restitution early as you have been doing will help you.

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1 Answer | Asked in Criminal Law and Civil Litigation for California on
Q: A Plaintiffs attorney lied in a sworn affidavit to the court. What is my recourse? Can I have her arrested?
William Mihrtad Paparian
William Mihrtad Paparian answered on Feb 23, 2017

Filing a false affidavit in court is a violation of section 134 of the California Penal Code and is a felony.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: I tried to purchase a firearm and was denied. Nothing on my record should prevent me. I have no felonies.

I have one misdemeanor on my adult record that I had signed by a judge for dismissal. What actions should I take? If I was to get a lawyer to look at my paperwork, what kind of lawyer do I need? Civil rights or criminal?

William Mihrtad Paparian
William Mihrtad Paparian answered on Feb 19, 2017

Even though your case was dismissed post conviction, there are some misdemeanor violations that carry firearm possession prohibitions. You need to consult with an experienced criminal defense attorney and examine the section of the Penal Code that you violated.

1 Answer | Asked in Criminal Law for California on
Q: I was pulled over in California...When I asked the officer the reason she said I'm pulling u over for a probation search

Don't you have to violate a traffic law to be pulled over and also I was on informal court probation

William Mihrtad Paparian
William Mihrtad Paparian answered on Feb 18, 2017

Usually the officer would need to have observed a violation of the vehicle code to effectuate a traffic stop. However, if you had search and seizure conditions as part of your probation and the officer was aware of this then the detention and search was lawful.

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 »

William Mihrtad Paparian
William Mihrtad Paparian answered on Feb 9, 2017

You should consult with an experienced criminal defense attorney who can help you negotiate a disposition of your case to avoid the collateral immigration consequences. I have often times been successful in securing diversion for my clients who face collateral immigration consequences.

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1 Answer | Asked in Criminal Law for California on
Q: Charge: 273A(1) PC Charge: 591.5 PC Charge: 243(E)(1) PC Charge: 236 PC Charge: 484(A) PC

My brother has these charges, what is the possible punishment?

William Mihrtad Paparian
William Mihrtad Paparian answered on Feb 7, 2017

Charge: 273A(1) PC:  24-48-72 months

Charge: 591.5 PC:  16-24-36 months

Charge: 243(E)(1) PC:  24-36-48 months

Charge: 236 PC Charge: 60-96-144 months

1 Answer | Asked in Criminal Law for California on
Q: kidnapping for extortion

A 13 years ago charges against my cousin was filed in SF kidnapping for extortion the gentleman who filed was over 21 years old as well as my cousin was 22 years old.

My cousin got out on a bail and left to another country. He was not a citizen of USA and he had a green card.

13 +... Read more »

William Mihrtad Paparian
William Mihrtad Paparian answered on Feb 2, 2017

Yes, it may very well be possible to negotiate a disposition with the District Attorney's Office., especially with the passage of time that has taken place.

I would require some additional information. There will be no charge for the consultation. Please contact my office directly:...
Read more »

1 Answer | Asked in Criminal Law for California on
Q: Does a subpoenaed criminal victim have the right to refuse to appear to testify in a non related case?

Where the victim was served with the subpoena on a Saturday at 8pm for appearance Monday at 8 am? Is there no procedural rule that gives the subpoenaed party time to respond, like maybe 7 days or something to that nature? The victim is not a party to the case for which the subpoena was issued and... Read more »

William Mihrtad Paparian
William Mihrtad Paparian answered on Jan 31, 2017

Was the Subpoena issued by the District Attorney? The victim/witness should

contact the District Attorney and ask to be placed on call and also to express

safety concerns. The Criminal Justice system is actually very protective of

crime victims.

1 Answer | Asked in Criminal Law for California on
Q: How serious is this crime ? I bailed my girlfriend out of jail and the bail officer called me to go pick her up !!!

I'm an ex felon on parole, I had no idea I wasn't allowed to pick her up...I went to court and the charges were never filed ,so I thought it was over with...then I see a warrant for $175.000 for the same charges

William Mihrtad Paparian
William Mihrtad Paparian answered on Jan 28, 2017

You need to immediately consult with an experienced criminal defense attorney in his office. I need more information about your situation to properly evaluate your exposure.

1 Answer | Asked in Criminal Law for California on
Q: What can I do on Assault and Battery Misdemeanor Cit. issued if you feel you were wrongly cited.

I citizen filed a false citizen arrest complaint complain he was assaulted and battered when he was the aggressor! The citation was a Misdemeanor and Battery p.c. 240 and 242 California penal code. What can one do to defend this from going to permanent record which such conviction could cause one... Read more »

William Mihrtad Paparian
William Mihrtad Paparian answered on Jan 20, 2017

I have often times been successful in convincing the prosecutor's office not to file a criminal complaint against my client in similar circumstances. The citation to appear in court is not the actual criminal complaint. That decision has not yet been made. It would be important for you to retain... Read more »

1 Answer | Asked in Criminal Law for California on
Q: If a 16 year old gets pregnant by a 19 year old can he get in trouble
William Mihrtad Paparian
William Mihrtad Paparian answered on Jan 3, 2017

Yes, absolutely.

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