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Co defendant had their own case, can the DA use evidence found against someone else?
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?
answered on Feb 5, 2021
If you are charged with a felony, you absolutely will be taken into custody. If a misdemeanor, it depends on the nature of the offense (some yes, some no). If it is only a traffic ticket, most likely not. You're best course of action is to hire an attorney to handle it for you.... View More
He wants me to make my place "nice and presentable" for showing. And trying to open windows and touch my closet. Forcing me to clean up while I have lots of boxing piled up for moving. I am very scared stranger comes in and touching my stuff. Does he have right to do what he wants?
answered on Feb 3, 2021
A landlord has the right to enter the premises to show the apt/house or whatever it is you had been renting as long as he gives you written notice 24 hours in advance.
answered on Feb 3, 2021
If you had a felony conviction reduced to a misdemeanor (which is the way I'm interpreting your question), it depends on what type of question is being asked. For example, if you want to buy a gun a prior felony conviction will preclude you from doing so. The same holds true for most... View More
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
answered on Feb 3, 2021
You did receive sentencing terms for a 1st DUI. A guilty plea to "wet reckless" (which counts as a prior DUI for enhancement purposes) would NOT include AB541, the requirement to wear a SCRAM ankle bracelet nor the interlock ignition device and the fine is significantly less than $1,900.... View More
answered on Jan 29, 2021
If the Border Patrol agent had reasonable suspicion that you were involved in human trafficking (illegal aliens) or transporting other contraband (drugs), he has the right to investigate if a crime is being committed.
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
answered on Jan 22, 2021
Ordinarily. a LEO (Law Enforcement Officer) does not have the right to search the trunk of your car without your consent OR you have a conviction that you agreed to warrantless searches under the terms of probation (drug related misdemeanors commonly do) or parole (if you were previously convicted... View More
I live in California. I have recently reunited with my daughter who is now 17. She ran away from the foster home she grew up in when she turned 17 and has been couch surfing in with some shady characters down in Texas. Ive been trying to get her to move here for a while.. anyways she was arrested... View More
answered on Dec 21, 2020
Every state is different but some things are universal. 50K bail suggest your daughter was arrested for more than merely driving a stolen car. In California, that offense is typically charged as "joyriding" and the bail amount is only 5K as it's a misdemeanor. On the other hand,... View More
My son was severely beaten by sheriffs ,one cop broke his leg and the others broke,fractured their fist and wrist beating my sons head in causing 5 large lacerations to his scalp and face . Now he's being charged with 148's and 69's pc (about 10 each) and I'm looking for... View More
answered on Dec 10, 2020
You are not going to find any. Reported cases by Appellate Courts mainly deal with procedural or evidentiary issues supporting a conviction at trial which are rarely reversed and even when they were 9reversed), the case was remanded back to the trial court for re-trial.
PC 69 is a... View More
Please give me a description of these above charges.Any of them Enhàncement charges?
answered on Dec 9, 2020
Yes. Both of the middle charges (PC12022.5(a) and PC12022.7(e)) are enhancements which add additional jail/prison time for the commission of a felony with a firearm and GBI (Great Bodily Injury) involved.
answered on Nov 27, 2020
Here's a link to the statute you are charged with so you can see for yourself.
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=308.&lawCode=PEN
Google can be your friend.
Of the officers . Which is strange cus I have the officers names in my property sheet and isn’t my right to know who arrested me
answered on Nov 6, 2020
Pursuant to California Penal Code section 1054.2 (hyperlink below), a criminal defense attorney cannot reveal the name, address, telephone number of a victim or witness(es) to a crime to the client. Otherwise, the attorney can potentially be charged with a misdemeanor for revealing that... View More
I was involved in a minor car collision (5-10 mph) approx. 2 months ago. Progressive found me not at fault for the accident, and Geico also said their driver was not at fault. I already had to pay a $1,000 deductible to get my car fixed, but since it is now a word vs. word situation are there... View More
answered on Sep 25, 2020
I hate to sound like a certain attorney on Justia who responds to all questions with "more info needed" but in this instance more info is needed. Were police summoned and a report prepared or did you and the other driver merely exchange insurance information and leave the scene of the... View More
The nurse said the found him with no pulse and not breathing, they did not know how long he had been like that and that they were able to shock him back to life but fractured both sides of his ribs and chest and also he has no signs of any brain activity
answered on Sep 25, 2020
I generally agree with Mr. Light's response. If, as you said, your grandfather had foot surgery and he much later (1-2 days later) went into cardiac arrest due to post-surgery complications, some attorney's have sufficient medical knowledge to make an assessment (without expensive... View More
In California, What information if any will appear in an employer background check regarding an occurrence of an arrest where the DA dismissed the case and did not file official charges? Will the arrest still appear and is it possible for the arrest to get expunged?
I took a deal with the cruise waiver for felony child endangerment and I want to go back on my deal because the father and my child got his case dismissed and I feel like I am a battered woman he has been to prison for beating on me I have several videos and evidence of his abuse and I feel like... View More
answered on Sep 10, 2020
Talk with the attorney (perhaps a Public Defender) who represented you at the time you entered your plea to see if there are any circumstances under which you may qualify for your plea being withdrawn.
"Buyer's remorse" or believing your conviction was unfair due to the... View More
I am unable to afford attoney, I exhuasted all$ need pro bono
He has been incarcerated since 7/06/20. He hasn't understood what exactly he is being charged with at this time. There are several charges. He is not understanding his public defender. He feels he has agreed to a bargain he really doesn't comprehend. Can he change his mind and not accept... View More
answered on Aug 10, 2020
Addressing the last part of your question, yes, your son can change his mind regarding changing his plea to guilty in exchange for mutually agreed upon sentence to be imposed especially if he doesn't understand what's happening. Is it a language issue? If so, an interpreter would be... View More
Saying should I go to trial and try to prove that there was not that amount in the bag or plea
answered on Aug 7, 2020
First, you should not be posting facts about your case. LEO's (Law Enforcement Officers) and even DA's (District Attorney's or their staff) make it a practice to check attorney directory messages boards for messages like yours. Your statement's could be construed as admissions... View More
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