Lawyers, Answer Questions  & Get Points Log In
Questions Answered by William Joseph Duffy
1 Answer | Asked in Domestic Violence for California on
Q: I have a past domestic violence record that was expunged. It was back in 2005. I would like to know if I can buy a gun?

I live in California. It was a misdemeanor. I was 18. I'm scared with these new gun purpose gun laws. Open carry is scary.

William Joseph Duffy
William Joseph Duffy
answered on Apr 28, 2021

10-year Ban under California law from date of DV conviction. There is however a Federal lifetime ban on firearms.

1 Answer | Asked in Domestic Violence for California on
Q: I am a victim of domestic violence but was never told I had to go to court, but my partner did. Do I still have to go?

I didn't mean to call the police. When I talked to the police they never handed me anything besides a paper about " youve experienced domestic violence" that has no information or told me I had to go to court and never handed me a pink slip, idk if that was important. I still talk to... View More

William Joseph Duffy
William Joseph Duffy
answered on Jan 13, 2021

You may not need to go to court unless there is a jury trial. However, finding your own representation can be essential whatever your position in regards to your partners case. In short, you may want to advocate for or against conviction of your partner. This can be accomplished with greater... View More

3 Answers | Asked in DUI / DWI for California on
Q: Got dui Didn’t complete classes Warrant issued 8 years later caught What will likely happen in court when I show up

Reinstate me or jail time for running 8 years without handling it?

William Joseph Duffy
William Joseph Duffy
answered on Oct 8, 2020

Best strategy to hire a local attorney who can recall the warrant. Some courts will vacate the class, others may make you complete it now. Either way, probably no significant penalty, if any.

View More Answers

2 Answers | Asked in DUI / DWI for California on
Q: I marsdins my court appointed public defender twice but was denied. What can I say or do he disrespects me.

Three months into my DuI case he was sighed into the Bar association.

William Joseph Duffy
William Joseph Duffy
answered on Oct 6, 2020

A Marsden motion is where you complain to the court that your free appointed counsel is inadequate. A lawyer who disrespects their client should consider another career, especially one who serves as court-appointed counsel. However, disrespect is not considered in whether the attorney can... View More

View More Answers

3 Answers | Asked in DUI / DWI for California on
Q: Can my DUI case be dismissed if I was not legally arrested. The officer stated on the supplemental/ narrative report I

The report states he gave me field sobriety and blood test. This is a false statement no test were taken. The warrant was not signed or approved.

William Joseph Duffy
William Joseph Duffy
answered on Oct 6, 2020

False statements by a peace officer go to the officer's credibility at trial or motion. Assertions that the officer lied in a report can only yield a dismissal of the charges if you fight your case. The prosecutor assigned to file cases will take the officer at their word and file charges.... View More

View More Answers

2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: I got a citation for no licence and the citation says booking required. What will happen if i dont go to booking?

I can miss booking and wait until the judge ordered it?

William Joseph Duffy
William Joseph Duffy
answered on Dec 21, 2019

Yes! In most cases you would be required to book if you are convicted. Make sure to appear in court or have a private criminal defense attorney appear on your behalf. If you have or can get a valid license you may be able to gain a dismissal or reduction of the charge to an infraction.

View More Answers

4 Answers | Asked in DUI / DWI for California on
Q: My brother made an illegal u-turn and chp pulled him over.i was not inside the vehicle but was arrested for dui

I was walking a block and a half away and walked up to the car that my brother had already parked that's when I was put in cuffs.

William Joseph Duffy
William Joseph Duffy
answered on Nov 8, 2019

You have a not-driving defense. You will need a quality lawyer who will take the time to gather all the evidence and develop the defense. Obtaining patrol video, body-worn camera video and digital audio will be essential. You may also want to get sworn statement from your brother stating the... View More

View More Answers

3 Answers | Asked in DUI / DWI for California on
Q: 3 priors, sentenced ,& now blew 0.08. wondering what he looking at for sentencing WithNo tolerance law,

Could this be dropped to wet/reckless?

William Joseph Duffy
William Joseph Duffy
answered on Oct 6, 2019

It is possible to negotiate a wet reckless if the evidence supports it. However, a defendant with three prior convictions for DUI who is arrested for a fourth, is less likely to gain a more favorable negotiated disposition. If you are charged with a fourth DUI within 10-years you could be facing a... View More

View More Answers

4 Answers | Asked in Car Accidents, Criminal Law and DUI / DWI for California on
Q: Is an accident itself probable cause to administer a breathalyzer? When officer arrived on the scene after it happened?
William Joseph Duffy
William Joseph Duffy
answered on Sep 21, 2019

The accident may not be by itself enough but Vehicle Code 40300.5 permits an officer to arrest without a warrant and not personally witnessing the event if he has reasonable suspicion you were driving under the influence.

Many DUI suspects either admit driving or are seen by a witness...
View More

View More Answers

2 Answers | Asked in DUI / DWI for California on
Q: 2009 i got a dui and 10 years later i wanna take care of my classes so what steps do i need to do first or take
William Joseph Duffy
William Joseph Duffy
answered on Sep 16, 2019

If you have a warrant for failure to complete a court ordered alcohol education program you will want to personally recall the warrant or have an attorney do this for you. The benefit of having an attorney do this for you is that it is less likely you will suffer a severe penalty. After this is... View More

View More Answers

3 Answers | Asked in DUI / DWI for California on
Q: Should I fight my DUI case

I am 19 years old I got the DUI 5 days ago. I was on the side of the road with my hazard lights on(did not get pulled over). CHP approached me and ask if I was drinking I said "no". They smelt alcohol in my car and asked me to perform some test. I know I passed all of them. However, I did... View More

William Joseph Duffy
William Joseph Duffy
answered on Jan 16, 2019

Driving with a BAC of 0.01% or more is a violation of 23136 VC, an infraction. If this charge is substantiated the penalty is a one-year suspension of your driving privilege. Based on the facts as you’ve described them you be able to argue that the PAS breath test was invalid and/or that there... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.