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Questions Answered by David Michael Lehr
3 Answers | Asked in Criminal Law for California on
Q: Didn't know that i missed court date back in October now got bench warrant please can you help me.

Is it safe to go to the court this morning alone to try in get this matter resolved or would i be arrested there in taken to jail on the spot?

David Michael Lehr
David Michael Lehr
answered on Feb 5, 2021

The quicker that you go in, the better.

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2 Answers | Asked in Criminal Law for California on
Q: IWA – Issuance of Warrant - Party (001) WFS - Warrant Fact Sheet - Party (001) do i haveawarrant

So i have previous arrests that got scratched then recently i looked online and this was there

Case Documents

Filing Date Description Docket Date Filing Party

1/26/2021 DCO - Direct Complaint - Party (001) 1/26/2021

1/26/2021 CID - Court Information Sheet -... View More

David Michael Lehr
David Michael Lehr
answered on Feb 3, 2021

Yes. Call the court in the morning and see if you can get it on calendar.

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4 Answers | Asked in Criminal Law for California on
Q: If I had a criminal offense declared a misdemeanor can answer I no to "have you ever been convicted of a felony" ?
David Michael Lehr
David Michael Lehr
answered on Feb 3, 2021

Whatever it was on the sentencing date, that is the answer. If it was reduced AT the sentencing, then is a misdemeanor. If the felony charge is reduced AFTER the sentencing, then you have been convicted of a felony.

Good luck!

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3 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: If I hired a gov employee who was telecommuting and they worked for me on gov time. Am I liable for fraud conspiracy?

I knowingly allowed for this to happen. If they were to face time-theft related fraud charges. Could I be considered a conspirator?

David Michael Lehr
David Michael Lehr
answered on Feb 3, 2021

Unfortunately, the answer is likely yes they could file charges against you. They may not want to waste their time unless you got some money/value from the deal.

Good luck and don't write confidential details on a public forum.

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5 Answers | Asked in DUI / DWI for California on
Q: Did I get screwed with my plea bargain deal?

First DUI with BAC .09%. Due to COVID, i never saw my attorney or got the opportunity to appear in court. Questions and concerns often went unanswered and I was often told "don't worry about that right now". I knew I was being offered a plea deal of wet reckless, but wasn't... View More

David Michael Lehr
David Michael Lehr
answered on Feb 3, 2021

There is only a small difference between a dui and a "wet reckless." Some Counties don't give out what you got. You didn't get a horrible deal, nor a great one.

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2 Answers | Asked in Criminal Law for California on
Q: What is the average punishment in LA for not showing up for felony probation as my first and only violation
David Michael Lehr
David Michael Lehr
answered on Feb 3, 2021

It depends on the seriousness of the case, your record, and how long it was before you fixed it. Zero to 30 days on the low side and years if the underlying charge is serious

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1 Answer | Asked in Criminal Law, Family Law and Civil Rights for California on
Q: can a judge deny you the right to have a attorney removed from your case who is not a PD and you didn't hire?

I became the victim of PC 368 where my live-in Son? State IHSS became the abuser without my knowledge and I was unable to defend myself.

David Michael Lehr
David Michael Lehr
answered on Jan 30, 2021

If I understand your question, no you cannot.

2 Answers | Asked in Criminal Law for California on
Q: What son got charged with , Infliction of G.B.I during felony or att. Fel. Enhancment. First it was only , Assault
David Michael Lehr
David Michael Lehr
answered on Jan 30, 2021

Also, the injury is determined to be more serious after "the victim " goes to the ER.

Good luck

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: What do I do from here after police come to my house?

I'm being accused of depositing a money order that was someone else's from back in Oct 2020. There is a deposit made to my account by money order for the amount the police are saying is the money order in question. The officer had me send him a screenshot of my bank statement and kind of... View More

David Michael Lehr
David Michael Lehr
answered on Jan 30, 2021

If you are running a business, you should keep records of any payment that you receive. If the same issue comes up again, then you can protect yourself.

For now, gather the documents that you can to prove where the money order from.

Good luck!

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Can a person who has been incarcerated on a civil commitment be also incarcerated on a criminal charge at the same time.

A friend was civilly committed over 10 years ago (6600 SVP or MDO) and then got charged and convicted for a separate crime (Sales/Transport). Is it legal to still have the civil petition against you while you are criminally convicted of a new crime? - Note: Website has me in IL when I am not, I am... View More

David Michael Lehr
David Michael Lehr
answered on Jan 26, 2021

Which civil commitment?

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2 Answers | Asked in Appeals / Appellate Law, Criminal Law and Juvenile Law for California on
Q: How can I appeal a juvenile court jurisdictional hearing before the disposition hearing and get a new judge and lawyer?
David Michael Lehr
David Michael Lehr
answered on Jan 26, 2021

Sorry, but that is broad question. You need to talk to the attorney who handled the case and see what your chances are going to be.

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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: i was assaulted last night, the cops came, i pressed charges, noone was arrested. no further action was taken.

last night, some people that live in my apartment building kicked down my front door, and dragged me out of my apartment. 4 women beat me with sticks while several men started smashing up and destroying everything in my house. the police were called immediately, told them everything, and i even... View More

David Michael Lehr
David Michael Lehr
answered on Jan 25, 2021

Go to the station and ask to speak with a sergeant.

1 Answer | Asked in Criminal Law for California on
Q: I was convicted of felony pc 182/245(a)(4), 9 years ago. Then got it refuced to a misdemeanor. Can i own a firearm?

Can i own a gun now, after 10 years, or never?

David Michael Lehr
David Michael Lehr
answered on Jan 24, 2021

Federally, never. California maybe, but I would not recommend it.

2 Answers | Asked in Criminal Law for California on
Q: I do have a background mostly drug charges 47 now. Getting ammunition charge how much time could I face

I had just bought the car the bullets were inside the trunk I had been being harrassed by one cop thruout all of 2020 and he seen me pumping gas at a station and rolled up on me even though at the time I was not driving he still impounded my car and took me in. Over a 3 month period I think he... View More

David Michael Lehr
David Michael Lehr
answered on Jan 22, 2021

You may be able to win the case. However, your charge can be a felony or misdemeanor. In my area, they usually end up a misdemeanor with a one year maximum sentence. Usually, my clients do two weeks of jail or less.

Good luck.

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3 Answers | Asked in DUI / DWI for California on
Q: DESPERATE NEED pro bono help Sonoma court, I'm in Reno DUI OF rx meds PASSED ALL FIELD TESTS Not allowed Public defense

14 months ago I was WRONGFULLY arrested for DUI of RX medications (under supervision of all DOCS involved) 100% PASSED EVERY field sobriety test performed and was still arrested. I am a 63 yrs old female and a business professional my entire life, mostly for CVS pharmacy, rarely drink or a parking... View More

David Michael Lehr
David Michael Lehr
answered on Jan 21, 2021

You can appeal the PD's rejection of your case. The court will send you for a financial evaluation.

Ps Prescription drug DUIs are dramatically on the rise. Be very careful for future reference.

Good luck!

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2 Answers | Asked in Criminal Law for California on
Q: How long is a PC statement good for? At what point does the PC statement loose the exigencies?

Example, on a 273.5 a PC is filled out seeking the arrest of the aggressor. How long can Police enforce the PC statement?

David Michael Lehr
David Michael Lehr
answered on Jan 20, 2021

They can get you until:

1) You are arrested;

2) The prosecutor rejects the charges; or

3) The statute of limitations passes. (In general, 3 three years on a 273.5 P.C.)

Good luck!

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2 Answers | Asked in Domestic Violence for California on
Q: Husband arrested for domestic violence. Do I go to court with him if we worked it out but there is an epo?
David Michael Lehr
David Michael Lehr
answered on Jan 20, 2021

Under the California Constitution, you have an absolute right to attend most of his court dates because you are the victim.

However, he can get in trouble with the court if you drive together.

You should ask the judge to change the "no contact order" to a "no force or...
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1 Answer | Asked in Criminal Law for California on
Q: My daughter was with her husband and 2 year old child in lane county Oregon at a motel. He was a felon fugitive from

Out of state. She flew there so he could see his child the room is in her name. And she says she has no idea of his status. They are separated. Can she be charged with harboring. They have her detained now

David Michael Lehr
David Michael Lehr
answered on Jan 16, 2021

They can. But whether they are successful will depend upon what they can prove about her knowledge.

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