Rhonda Mae Hixon's answer Assuming the charges with respect to receiving stolen property (that was your own) are dismissed and you are charged with possession- You might be eligible for Diversion under Penal Code section 1000 (a). No felony convictions within 5 years or prior drug convictions (besides possession) within 5 years? There is no jail with Diversion.
A motion to suppress the drugs might be in order if they violated your rights to locate them ( illegal detention, illegal search, illegal arrest);...
Rhonda Mae Hixon's answer A prosecutor would say: Entering a residence with the intent to steal (or any other felony) is a 1st degree burglary. The only evidence that it was a borrowing and not a theft (with the intent to permanently deprive) is in the mind of the taker, who is facing charges. And there was no attempt to ask permission, explain, or leave it when confronted by a family member.
A defense attorney might question where the lawnmower and gas were located. A detached garage or other shed may not...
Rhonda Mae Hixon's answer A clone of a human would be a human since they share the same DNA, so homicide of a clone would be illegal and a violation of Penal Code section 187, just as it would for a human.
Rhonda Mae Hixon's answer Most public defender offices will not allow you to pick, or change your appointed counsel, but you can hire an attorney privately at any time.
The question is whether the court will allow the substitution of attorney if it delays the proceedings, because the ' People' have speedy trial rights too. The courts balance that against your right to be represented by an attorney of your choosing, which typically wins out.
As long as the substitution is made within the statutory...
Rhonda Mae Hixon's answer Assuming the pleading was signed under penalty of perjury, the felony was committed when it was signed.( By a person who knew it was false).
That's why lawyers will frequently declare something to be true based on "information and belief".
The prosecution of crimes begins with the law enforcement branch with jurisdiction- Police in the city, Sheriff in the county, and the Marshall(s) in a state court. The District Attorney for the county where the crime occurred would make the...
Rhonda Mae Hixon's answer Get a camera that records inside and outside the vehicle and get documentation of the harassment. If you wanted to sue for a violation of your civil rights, you must make a claim within 180 days, so take your evidence to a lawyer well before the time runs out.
Rhonda Mae Hixon's answer If the seizure was for investigation of a criminal offense, they could conceivably keep the property for the length of time equal to the statute of limitations for the filing of charges on the crime, for example 1 year on a misdemeanor, 3 years on a basic felony.
There is a Motion for Return of Property ( under Penal Code sec.
1538.5 ) that can be made to ask the court to order the property released, if no charges are filed.
Rhonda Mae Hixon's answer A felony charge of receiving stolen property (496 P.C.) carries a maximum of three years in jail, and is an 1170 (h) offense, meaning no prison, unless there's a prior strike offense alleged. No one serves 100% of the sentence; 50% is typical for a basic felony, without a strike.
Rhonda Mae Hixon's answer If you are on a three year grant of probation with drug testing terms, you can be drug tested at any time during the three years; Typically, when there is suspicion of use, as the testing can get costly for a probation dept.
Probation can be terminated early for those probationers in compliance, who have paid the fines/fees, and are experiencing problems with employment or housing because of the grant.
Rhonda Mae Hixon's answer Yes. If you are willing to provide the foundation for its admission, i.e, the date, time, and authenticity of the recording, you can hand it over to law enforcement for the DA's use, or a lawyer for a civil suit.
If the prior incident resulted in a felony conviction, occurred within seven years of another similar charge, or was so similar to the current charge that it looks like an m.o. (modus operandi) then it could effect your current situation, or how you handle the case going forward.
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