Penal Code section 1405 authorizes the filing of a Motion for post-conviction testing of DNA evidence for defendants (serving a prison sentence) who did not have that technology available at the time of trial and where identity was a significant issue that resulted in the conviction....Read more »
My son is a Kern Regional client due to his Developmental Disabilities. He was arrested last week for making a threat. He also has Bipolar 1. He is currently gravely disabled and cannot make any decisions on his own behalf. I have tried to speak with a mental health worker to check on him. They... Read more »
Hire a criminal defense attorney or provide all this information to his appointed counsel asap. Criminal proceedings are suspended for those who are not competent to stand trial, while they receive treatment, as a defendant must be able to assist counsel in the presentation of his defense. There...Read more »
Most judges will not permit a change of lawyers on , or too close to the trial date. You can hire privately at any time, however it would almost always require a continuance so that the new lawyer can prepare the defense.
Can he bail on the case from Ventura County? If not, he will have to deal with the LA case to completion. If he gets a sentence of 180 days or more, he can put in a 1381 demand to Ventura County to come get him.
I figure I should get the marijuana conviction dropped before asking to have the felony I was on probation for reduced; but is it possible to do them at the same time? I don’t live in the same town and I already drove there to pay off fines and get paperwork.
I was caught shoplifting at target..officers come and a women officer asks me if she can pat me down in search of any stolen merchandise on me..i know i had no merchandise of store on me so therefore i say ok..but as she is padding me down she feels what was my money and i had a bag with personal... Read more »
All of their sentences included jail time, however my friend recently became aware that he is the only one who was ordered to pay restitution, which he has done consistently each month since his release. Is there a method by which he could appeal to the judge/court for a reduction or perhaps... Read more »
When co-defendants are convicted of a crime, restitution to a victim is ordered on a 'joint and several liability' theory; that each defendant is responsible for the total amount due- to be collected from whomever has the ability to pay. He could sue his co-d's to pay their share, but the courts...Read more »
Called the cops on my husband because he chocked me, he got arrested. I was never notified of any court dates, the bail that was set, the day he was released, and the disposition of the case. no one ever called me to get more details about the case. He pled no lo contendere. He’s on probation for... Read more »
A no-contact order can be modified upon a victim's request. You want to contact his probation officer with that request. If a criminal protective order has been filed, a request will need to be made to the court. The probation officer should be able to assist you with that.
Assault with a semi-automatic firearm (245b), where YOU use the firearm , would necessarily include the use of a firearm, as an element, and should not result in additional punishment, under 12022.5 (a).
There is an exception, in subsection (d) If the firearm is used to shoot from a...Read more »
Yes you can! You do not forfeit your 2d Amendment rights because you marry a felon. Of course, you want to keep it locked up, with a code or key your husband doesn't have, so he isn't charged with possession or access. That goes for ammunition too!
New law allows convicted to petition courts for resentence; his petition was accepted; and a court date has been set. How do I get him representation; for his benefit; rather than a Public Defender assigned?
You can always hire an attorney privately, but it's worth mentioning that Penal Code section 1170.95 (where SB1437 is codified) placing the burden of proof on the prosecution to prove , beyond a reasonable doubt, that he is ineligible for resentencing. If the facts are clear that the change in...Read more »
My son was cited intent to sell 3 thc cartridges. DA office rejected the case. I contacted the detective to get my sons phone back, and he informed me that my sons case is being referred to probation and he isn't able to give me back the phone. The only paperwork I received was from the DA office... Read more »
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