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Questions Answered by Dan Moseley
3 Answers | Asked in Criminal Law for California on
Q: I believe my felony is dismissed here in California. Can I apply for a state job or is there anything else I need to do

To see what my record shows up as.

Dan Moseley
Dan Moseley
answered on Sep 28, 2023

You need to be certain of the exact disposition of your case before you can determine whether and what, if anything, must be disclosed to particular prospective employers. Contact the clerk of the criminal division of the Superior Court that had jurisdiction over the case to obtain a copy of the... View More

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2 Answers | Asked in Traffic Tickets for California on
Q: Need an advise about traffic ticket.

Hello. I have the following situation. I am a resident of CA and have received my first ticket in my life. The ticket is for "failing to stop at stop sign", ticket sites approximate speed 5 MPH. I believe I did do a full stop, even though I did not do the 3 seconds stop. Ideally I would... View More

Dan Moseley
Dan Moseley
answered on Mar 15, 2023

Your options are to (1) pay the fine prior to the court date, (2) pay the fine and write a letter to the court prior to the court date contesting the citation, (3) appear in court on the day indicated, pay the fine and request a trial to contest the citation, (4) hire an attorney to appear in court... View More

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7 Answers | Asked in DUI / DWI for California on
Q: I initially got pulled over running a yellow light then turn into a DUI. Can I fight the initial pullover dismiss the DU

Or fight DUI they forced a blood test telling me they can get a warrant for it.

Dan Moseley
Dan Moseley
answered on Mar 9, 2023

Going through a yellow light is not an offense, but doing so recklessly could be a basis for a lawful stop. Your lawyer will have to look into the actual facts and reason given the stop to determine if the evidence gathered against you afterwards was the product of an unlawful detention. Cops... View More

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2 Answers | Asked in Criminal Law for California on
Q: Should my case be dismissed?

I was pulled over for a bad license plate light & was told that my license was suspended, which it wasnt. Thet asked to search my vehicle & i repeatedly told them no. They pulled my out of the truck and search me and found nothing & i still told them no searching my car. Then they... View More

Dan Moseley
Dan Moseley
answered on Jul 10, 2023

It was not a lawful arrest or search if they did not have a reasonable factual basis for believing your license was suspended or that you might be in possession of drugs. Unlawfully obtained evidence cannot be used in court.

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3 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Election Law for California on
Q: Questions regarding legal career

I'm currently a Political Science student at UCLA. I am considering going to law school and I would like to talk to currently practicing lawyers to gain some perspective regarding law school and careers in law. Would appreciate if anyone would be willing to chat :)

Dan Moseley
Dan Moseley
answered on Mar 8, 2023

Happy to talk for a few minutes. Contact information on my Justia profile page. Give me a call at 10 a.m. on Saturday, 3/11.

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2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: Is it legal for any other agency to sentence me for a crime after I been sentenced without ever going before a judge

I have been on probation for a number of years now and recently I keep being told I must do things that were never on my sentence and probation order. And have been told my sentence was changed. Without any court action or my knowledge.

Dan Moseley
Dan Moseley
answered on Dec 12, 2022

In actions by government agencies, particularly courts, some hearing or review process is usually required.

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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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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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