When calculating credits you want to subtract actual time in custody from the total sentence imposed, then apply the half-time credits to determine the out date. So, roughly two years is 730 days, minus the 150 (5mo in), or 580, which would be 290 at half-time, or about 9 months

The Statute of Lim

itations is a defense to the criminal prosecution, so you must have an active criminal prosecution against you to raise it.

All allegations made by an accuser within the Statute of Limitations for the crime or crimes alleged

can be used to support a prosecution on those charges.

Oh yes... the old 'license plate light' stop...leading to dog searches and the violation of your 4th Amendment right to be free from unreasonable search and seizure! Any traffic violation is justification for a vehicle stop. From there, however, is some good law in challenging these... View More

10-day flash incarceration is typically a condition of probation, where minor violations can be handled without the filing of a formal petition in court. This does not mean criminal charges can't still be filed for the new charges, which could still result in jail time.

Burglary, even as a misdemeanor, can be considered a crime of moral turpitude, so I would opt for the two trespass charges if given the option, even though the fines would be double. Crimes of moral turpitude can be used for impeachment, and can affect immigration and licensing for certain... View More

On the facts as presented, the search and seizure appears to be an unreasonable violation of your 4th Amendment rights. The vehicle can be stopped (and you detained) for reasonable suspicion of a traffic violation, but the lack of a driver's license does not justify a search of the entire... View More

The terms and conditions of formal felony probation are ordered by the court and listed in the probation report for each specific defendant. Some people are ordered to provide the password to their cell phones to enable the P.O. to search the phone in a drug sales case, for example. But every case... View More

No. You have the authority to restrain a person and make an arrest for the crimes being committed pursuant to Penal Code section 837. You should tell the person they’re under arrest but PC 841 does not require you to if they’re actually engaged in the commission of the offense.

Bailiffs are responsible for courtroom security and control. They see every person as a potential threat in that confined setting, especially if you can’t see their hands, or what they may have in them. Its nothing personal; I’ve been hearing them say the exact same thing, while yanking hands... View More

You might want to get a Civil Harassment Restraining Order in place. You can hire an attorney , go to your local legal-aid, or get the forms in a packet from the superior court civil clerk in your county. Judicial Council form CH-100 starts you in the right place. You don't need a lawyer to do... View More

Every Deputy Public Defender has a boss- The Public Defender of the county in which he’s being prosecuted. Your boyfriend is the client however, and the lawyer is not required to talk to family or friends. Your boyfriend should put his requests or complaints in writing to the lawyer and/or his... View More

If there’s a change in the law on that special allegation or enhancement and it’s retroactive, the conviction can be recalled and re-sentenced. For example AB 1509, which changed the firearm enhancement, effective Jan 2022, is retroactive and significant in reducing the enhancement from 10,20,... View More

Providing 3 witnesses who saw Mr X go into the room and the fact that the wallet is missing is probably enough to report the crime and the suspect. If any cards were taken, or other property there may be more evidence for police to find. You probably have enough to sue in small claims court as well.

As soon as the drugs are tested your case will be dismissed. Your attorney can have them tested, so you don’t have to wait

While it may seem wrong, the law permits Judges to issue orders (like no contact or stay away orders) and assume guilt for purposes of setting bail, for example, all prior to a trial on the cause. You still have all your Due Process rights: a jury trial, where you can see, hear and cross examine... View More

Sure!! 3 years full time. Take a review course, and study for the LSAT and Bar exam. If you have the passion, energy, and drive to fight for the rights of the accused; a desire to read, research and enforce the Constitution; and can see value in the opportunity to win a deserving client's... View More

Marsy's Law is a victim's Bill of Rights. It amended the California Constitution - Article 1 section 28(b) to give enhanced rights to victims for restitution, notice of court hearings, the right to be heard, access to presentence reports if requested and other considerations set forth... View More

In a Claim Opposing Forfeiture (Judicial Council Form MC-200), the claimed property (if cash) is written as $xx,xxx U.S. Currency. The People are the Plaintiff; You are the Real Party in Interest. Most jurisdictions require a Civil Case Cover Sheet. File the claim in Superior Court within 30 days... View More

Contact his defense attorney and give your letter to her or him, or contact a lawyer to advise you. They will know what to do with it. They might advise you of CCP section 1219 and the rights you have NOT to be held in contempt for refusing to testify. They might inform you that if you do not... View More