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Questions Answered by Dan Moseley
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... View 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... View 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... View 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... View More

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2 Answers | Asked in Criminal Law for California on
Q: can they DNA test someone in prison to gather proofs? for a new case they are trying to charge that person with..

my loved one called me today and told me that he got a paper through legal mail stating that someone is going over to DNA test him because they are trying to take him back to court and charge him for a new case. can they do this? what should i do to help?

Dan Moseley
Dan Moseley
answered on Jan 27, 2022

Can they DNA test someone in prison? Yes.

A decision of the Federal Ninth Circuit appellate court case, Hamilton v. Brown (9th Cir. 2011) 630 F.3d 889, 891, provides that the provisions of California's DNA and Forensic Identification Database and Data Bank Act of 1998, as amended,...
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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: out of jail on o.r fighting a case for over a year then my house was raided with no warrant is this illegal

One was later obtained hours after they went in my house without my consent

Dan Moseley
Dan Moseley
answered on Jan 24, 2022

There are exceptions to the warrant requirement. Without one, evidence obtained as a result of a warrantless search of a residence is inadmissible in court. Whether an exception, or a valid warrant, made the search lawful cannot be determined without reviewing the facts of the incident, including... View More

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3 Answers | Asked in DUI / DWI for California on
Q: If a drunk driver hit another person and the dui bails out will he be rearested if the other person dies as a result
Dan Moseley
Dan Moseley
answered on Jan 21, 2022

An arrest warrant may be issued if a new charge is filed.

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1 Answer | Asked in Criminal Law and Federal Crimes for California on
Q: can someone be arrested and kept in custody when there has been no evidence presented on the charges he was booked.

husband was arrested 3 years ago and remains incarcerated he has not been presented with the evidence incriminating him he has been told evidence was not booked.

Dan Moseley
Dan Moseley
answered on Jan 17, 2022

When an in-custody felony defendant is not brought to trial within 60 days of his arraignment, the charges must be dismissed, unless there is a very good reason for a delay, or the defendant consents to a delay. Cal. Penal Code section 1382.

3 Answers | Asked in DUI / DWI for California on
Q: Friend retained a lawyer but hasn't spoke, only to the paralegal, and wants to make sure attorney is right for the job.

Details - Driving home they lost control and hit a tree 100 yards from residence. Neighbor heard accident and called chp. Friend pulled away from tree and parked in front of home. Friend got out of truck and went into residence. Mad, pissed, and a little rattled, said friend decided to self... View More

Dan Moseley
Dan Moseley
answered on Jan 17, 2022

The California Rules of Professional Conduct, Rule 1.4, (https://www.calbar.ca.gov/Portals/0/documents/rules/Rule_1.4-Exec_Summary-Redline.pdf) regarding a lawyer's duties and responsibilities to communicate with a client may help in deciding whether the attorney is meeting these obligations... View More

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1 Answer | Asked in Criminal Law and Landlord - Tenant for California on
Q: getting case dissmissed on grounds of evidence being illegal privacy invasion ?

supporting evedince is there js a surveillance video of the assault but the vi tum is nit cooprating and the video is from a hidden camera, that the victim amd assailant were unNWare of , and the person who jsed the stungun is legal resident , and the camera and assault took place inside a... View More

Dan Moseley
Dan Moseley
answered on Jan 15, 2022

Your written statement is very unclear. Perhaps it would be easier to explain in a phone call. Many attorneys offer free initial consultations by telephone. Good luck.

1 Answer | Asked in Domestic Violence, Family Law and Sexual Harassment for California on
Q: My son is going to be 12 in July. They took him from me 8 years ago after the sexual abuse was documented.

How can the system allow this to continue and not give me ANY type of communication?

This is so not the 'justice' we both deserved and he has been gone for 8 years . Everytime I refile a request for order its either a proof of service or I am just not allowed to speak?!?!

Dan Moseley
Dan Moseley
answered on Jan 15, 2022

To reliably answer your concerns, a lawyer would have to review any court orders and other materials pertinent to your parental rights, and any section 290-registrant requirements that may apply.

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Can police disregard the fact that I said they couldn't search me or my stuff because the driver is on parole?
Dan Moseley
Dan Moseley
answered on Jan 12, 2022

The driver's parole status conveys no authority to police to lawfully search his passengers. If they have a factual basis for believing a passenger may be a threat, they can perform a cursory and limited check for weapons. If they have a factual basis for believing a passenger may possess... View More

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2 Answers | Asked in Criminal Law for California on
Q: Felon in possession of firearm, sales, transportation. How much time are they looking at?

Back passenger of a vehicle stopped for a brake light out. Last arrest was in 2012, no violence, weapons or drug charges. completely sober at arrest. Not on probation or parole and denied permission to search person or property.

Dan Moseley
Dan Moseley
answered on Jan 11, 2022

Maybe no time, depending on the facts of the case. Ask a skilled criminal law defense attorney to evaluate the strengths and weaknesses of the case against you. Good luck.

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2 Answers | Asked in Domestic Violence for California on
Q: If i filed a domestic violence report against my boyfriend & its at the DAs office, can I still have it dropped?
Dan Moseley
Dan Moseley
answered on Jan 11, 2022

It is possible, but unlikely, as once DV reports are taken by police and filed with the DA's office, prosecutions go forward even without the cooperation of the complaining party. Because a decision to prosecute depends of the facts of the case, you may want to discuss the matter in detail... View More

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3 Answers | Asked in Criminal Law for California on
Q: In Ca, driver is on parole, pulled over for a brake lite, do the police have the right to question and search everyone?

I was arrested for some pretty serious charges the police officer stated he knew it wasn't my stuff but because it was on top of my purse and no one would claim it I had to go I think it was an illegal search though. I told them multiple times that I wanted my belongings out of the car so... View More

Dan Moseley
Dan Moseley
answered on Jan 11, 2022

If your question is can police search you lawfully for evidence that is admissible in court, the answer is maybe. It depends on the facts of the particular incident. A criminal law defense lawyer will have to review the details of the matter to better advise you. Good luck.

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2 Answers | Asked in Criminal Law for California on
Q: Im being charged with edd fraud but I returned the money as soon as I received it. Can I still be charged?
Dan Moseley
Dan Moseley
answered on Jan 8, 2022

You can be charged if there is evidence suggesting you probably committed or attempted to commit fraud. Changing your mind about it afterward may be relevant to punishment, but probably not to guilt. Talk to a lawyer before speaking to law enforcement. Good luck.

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2 Answers | Asked in Consumer Law, Criminal Law and Small Claims for California on
Q: Can you sue a supermarket for false theft accusation?

Falsely accussed of theft.

Dan Moseley
Dan Moseley
answered on Jan 5, 2022

If the accusation was an honest mistake, you won't win. If you were falsely accused out of negligence or malice, you might.

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2 Answers | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Criminal Law for California on
Q: Can the police open the door of a rented room within a house without a warrant?

I live in a large house that rents out 9 rooms to individual tenants. I rent one of those rooms. One of the tenants has two guests over. While the tenant is away the guests get in a fight. A physical altercation is allegedly made between the guests. The police are called and are let into the house... View More

Dan Moseley
Dan Moseley
answered on Jan 3, 2022

No, police cannot lawfully enter a room rented by an individual not involved in the altercation without the consent of the occupant.

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