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Questions Answered by Dan Moseley
2 Answers | Asked in Family Law and Domestic Violence for California on
Q: What are the charges for texting someone while on a TRO?

I am on a TRO given by my wife, The hearing is still coming. I texted her "I miss you" last week and didn't get any response. We are recently separated and she filed a restraining order on me. The hearing is next month. In the meantime a sherriff called me and wanted to talk to me in... Read more »

Dan Moseley
Dan Moseley
answered on Sep 19, 2022

A TRO typically orders the restrained party to have no contact of any kind with the protected party, but occasionally it will permit peaceful contact. If yours does not permit peaceful contact, then ANY contact by the restrained party is a violation and is prosecutable.

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1 Answer | Asked in Criminal Law for California on
Q: If I was being tracked by GPS without a court order for 6 mo.,and eventually I sold drugs to an undercover,can I win?

Fruit of a poisonous tree? Or violation of the amendment? Don't they have to tell me and the end of the 90 day surveillance? Since I did not commit a crime and they didn't have probable cause...

Dan Moseley
Dan Moseley
answered on Aug 24, 2022

It's not clear from your question how GPS evidence (even if unlawfully collected) is relevant or necessary in a charge of selling drugs to an undercover law enforcement officer.

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: I need to clear up a bench Warrent in south lake tahoe but I live in vegas

I have no public defender or attorney idk what to do

Dan Moseley
Dan Moseley
answered on Apr 6, 2022

Contact the court clerk to ask that your case be put on the court's calendar at the next available date. Unless you hire a private attorney, you will have to appear in court at that time, unless the court allows video appearances. Ask the clerk. With an active bench warrant, you are subject... Read more »

1 Answer | Asked in Criminal Law for California on
Q: What do I do if my job had me arrested for stealing merchandise from the warehouse
Dan Moseley
Dan Moseley
answered on Apr 6, 2022

If you are serious about defending yourself and protecting your legal rights and interests, then one of the things you can do to get a head start against the prosecutor is to hire a criminal law defense attorney as soon as possible. Another thing you can do is to exercise your Fifth Amendment... Read more »

3 Answers | Asked in Criminal Law for California on
Q: I was pulled over for, "licence plate out". I was pulled out of my car because the 2 cops(with guns) saw a knife on my

Backpack. They asked to search my car, I declined.

They called a K9 unit and proceeded to search the car regardless of my refusing permission.

They found some controlled substances and aluminum knuckels. I was arrested without Miranda rights. And am in court now. I was never cited... Read more »

Dan Moseley
Dan Moseley
answered on Apr 5, 2022

The search may have been unlawful. If so, evidence obtained will be inadmissible in court. But to be sure, an attorney will have to review the facts of the incident as stated in the police report, as well as discuss the incident in full with you. A delayed or unadministered Miranda warning may... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: How would i go about motioning the court for sentence modification. To whom do i send ut and what form is it

Last may i was arrested. In november i signed my self up for outpatient treatment classes to help myself and my case. In decemeber i went to detox for a week and got myself clean and have been since. In January i was sentenced to inpatient program and a probation officer. Due to covid and people... Read more »

Dan Moseley
Dan Moseley
answered on Mar 31, 2022

See California Penal Code section 1203.3. You may want to hire an attorney to prepare an early termination of modification motion. Good luck.

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2 Answers | Asked in Criminal Law for California on
Q: If an officer asks me to put my phone (which is recording) down during an arrest do I have to obey?

Assume I am standing with my hands in the air, not moving. Cops are walking towards me yelling for me to put the phone down. Broad daylight. Cops can clearly tell it is a phone.

I am the person who was pulled over and have not yet been arrested. I have been told to get out of my vehicle... Read more »

Dan Moseley
Dan Moseley
answered on Mar 31, 2022

It would be smart to comply, because if they believe you may throw it at them they will take steps to disable your ability use it as a weapon.

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2 Answers | Asked in Criminal Law for California on
Q: What happens of my co defendant takes the wrap for all the charges? What do I do?
Dan Moseley
Dan Moseley
answered on Mar 31, 2022

Charges against you could be dropped or they could be modified or not and go forward. What happens is mainly up to the prosecutor.

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2 Answers | Asked in Criminal Law for California on
Q: I got a felony at the airport for helping myself to some liquor after the bar closed. What do I do now?

I missed my flight because I stayed to long at the bar. I found myself at the airport intoxicated and alone. I was skateboarding through the terminal of the closed airport. I pass by the bar and helped myself to some liquor. I was woke up by two officers where they let me know everything I did... Read more »

Dan Moseley
Dan Moseley
answered on Mar 31, 2022

It sounds like you may have been charged with a misdemeanor. If that is the case, you can hire a private attorney to represent you so that you do not have to come to court for your arraignment. A no-cost public defender attorney will be appointed to represent you only if you show up in court... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: is a tipsters phone number included in the discovery?

If you call 911 will your phone number be disclosed in the discovery?

Dan Moseley
Dan Moseley
answered on Mar 31, 2022

Maybe to a defense attorney, but not to a defendant.

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3 Answers | Asked in Criminal Law and Civil Rights for California on
Q: Does the DA have to present me or my lawyer a search warrent for my phone?

I was arrested for concealed weapon and a baton flashlight. And they also took my phone and said they where getting a search warrent. I have not been presented one or a case number for the phone. And I have asked for both. It's been a month now. And still nothing.

Dan Moseley
Dan Moseley
answered on Mar 31, 2022

Yes. They can seize a phone in one's possession upon arrest, but must obtain a warrant to search its contents lawfully.

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2 Answers | Asked in Criminal Law for California on
Q: Have The rights of a defendant in a misdemeanor case been violated under the double Jeopardy statutes for being arrested

Then released within 72 hours eight months later given a certificate of detention there after there was a filing for the same charges is that double Jeopardy

Dan Moseley
Dan Moseley
answered on Mar 31, 2022

A certificate of detention is a formal reclassification of an arrest to a detention (a temporary hold) when the district attorney does not file charges initially. However, charges may be subsequently filed (up to a year after the incident in the case of a misdemeanor, or up to at least three years... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: what impact did this case have on the supreme court and cases similar to this case?
Dan Moseley
Dan Moseley
answered on Feb 18, 2022

To what case are you referring?

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2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: I have an ADW. dropped to a misd.. At pretrial the 'victim' was trying to blackmail me in order

If i didn't take the plea. Bargain... Isn't that a federal crime

Dan Moseley
Dan Moseley
answered on Feb 11, 2022

Your question is not clear. You might want to resubmit it, or talk to an criminal law defense attorney by phone. Many of us offer free initial consultations. Good luck.

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2 Answers | Asked in DUI / DWI for California on
Q: first time offender DUI charge in CA by CHP.

Pulled over, detained, and gave two BAC’s. Was .29, cops let me call my mother and she picked me up. Took license and gave me the 30 day slip. That was February 19, 2021. Fast forward, still no court date, still nothing. My boyfriend did the legwork and was able to find me the resources to get my... Read more »

Dan Moseley
Dan Moseley
answered on Feb 9, 2022

When you were arrested, you were given a date to appear in court for arraignment on a DUI charge. Did you attend? What was the outcome? Check with the Superior Court in the county where the DUI incident occurred to verify your belief that charges have not been filed, because notifications of... Read more »

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2 Answers | Asked in Traffic Tickets for California on
Q: What are my rights If I get a ticket for unlicensed driver but my vehicle was not even moving at all

My ticket also says my birth date is on 03/27/1999 and that I'm 23 years old when I'm actually 22

Dan Moseley
Dan Moseley
answered on Jan 31, 2022

The alleged unlicensed operator has to be shown to have been driving the vehicle. The showing can be made by direct evidence - the driver was seen operating the vehicle - or circumstantial evidence - vehicle was found in a location where only the unlicensed occupant could have taken it.

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1 Answer | Asked in Criminal Law for California on
Q: What does it mean “the defendant may be admitted to bail in the sum of”?
Dan Moseley
Dan Moseley
answered on Jan 29, 2022

It means that the person will be released from jail after paying a certain amount of money. Contact a local bail bond agent to determine how much.

2 Answers | Asked in Traffic Tickets for California on
Q: What tips can you give me for judge? I currently have a bench warrant for 2 failure to appears for speeding ticket?

I am going to ask the judge if he or she can cancel my warrant and I missed court because I was taking care of my grandpa 10 hours from were I live and I already paid a small amount toward my fine. Do you have any recommendations or tips you can give me?

Dan Moseley
Dan Moseley
answered on Jan 28, 2022

Whatever "tips" might be truly helpful can only be determined after an defense lawyer discusses the matter in detail with you and its relationship to the underlying offense. Good luck.

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3 Answers | Asked in DUI / DWI for California on
Q: I had a Dui that was expunged in CA & have been offered a position in Finance for the City, do I still need to disclose
Dan Moseley
Dan Moseley
answered on Jan 28, 2022

If you are referring to a so-called expungement pursuant to Penal Code sec. 1203.4, disclosure of the conviction is obligated "in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: My son was just sentenced to 4 years 4 months he got credit for 1105 actual days and (1/2) 2210 day he be realesd do r
Dan Moseley
Dan Moseley
answered on Jan 27, 2022

Four years four months is 1580 days. If he has 1105 actual days, and received half-time, or 50% credit, he has total days of 1725, which exceeds his sentence, so it sounds like he is eligible for release. But it's the jail, or probation department, that makes the formal calculation based on... Read more »

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