Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Ramona Rae Hallam
1 Answer | Asked in Uncategorized for California on
Q: How long can a judge keep a case pending with a motion to dismiss?
Ramona Rae Hallam
Ramona Rae Hallam answered on Dec 18, 2010

Usually a court will give both sides an opportunity to fully brief the issues regarding facts and law and then render a decision. The time it takes will vary from case to case. Termination in a summary procedure is a drastic remedy not favored by the courts without full briefing.

1 Answer | Asked in Civil Rights for California on
Q: USING 1ST AMENDMENT AND BEING BARRED FROM THE 11TH AMENDMENT IN A FED. SUIT WHAT OTHER CODE CAN YOU USE AGAINST THEM?
Ramona Rae Hallam
Ramona Rae Hallam answered on Dec 18, 2010

This question is so vague it cannot be answered well. The 1st amendment to the Constitution prohibits any law "respecting an establishment of religion", infringing on freedom of the press, impeding the free exercise of religion, infringing on freedom of speech, interfering with the right to... Read more »

1 Answer | Asked in Bankruptcy for Michigan on
Q: Does your office offer free lawyer services for disabled indivduals? Had papers served and need to file bankruptcy.
Ramona Rae Hallam
Ramona Rae Hallam answered on Dec 18, 2010

If we offer free for disabled individuals, why not for minorities, women, transgender people, illegal aliens, and other disadvantaged groups. Then there is the senior citizen group and the underaged group, not to mention illiterate persons, or the depressed and mentally challenged, autistic, drug... Read more »

1 Answer | Asked in Domestic Violence for California on
Q: What is penal code 286/pc 237 dsm
Ramona Rae Hallam
Ramona Rae Hallam answered on Dec 18, 2010

Penal Code 286 is a sex offense defined as:

(a) Sodomy is sexual conduct consisting of contact between the

penis of one person and the anus of another person. Any sexual

penetration, however slight, is sufficient to complete the crime of

sodomy.

The 237 crime is...
Read more »

1 Answer | Asked in Family Law for California on
Q: WHAT IS 490.5 PC-M A MY SON HAS A VIOLATION FOR THIS
Ramona Rae Hallam
Ramona Rae Hallam answered on Dec 18, 2010

Penal Code /s 490.5 reads:

a) Upon a first conviction for petty theft involving

merchandise taken from a merchant's premises or a book or other

library materials taken from a library facility, a person shall be

punished by a mandatory fine of not less than fifty dollars...
Read more »

1 Answer | Asked in Car Accidents for California on
Q: I'm in CA. I plead "not guilty" to a traffic ticket. I changed my mind and want traffic school. What can I do?
Ramona Rae Hallam
Ramona Rae Hallam answered on Dec 18, 2010

Go back to court, plead guilty, and ask for traffic school. Only certain offenses qualify so make sure yours is on the list.

1 Answer | Asked in DUI / DWI for California on
Q: 3 times drunk driver with in 18 months -- what is the sentence
Ramona Rae Hallam
Ramona Rae Hallam answered on Dec 18, 2010

The fact that you have been charged and the occurences have happened in such a short amount of time will likely alter your punishment (see below for San Diego County's sentencing guidelines). If you are convicted of this offense, the judge will want to swing hard as you are a danger to the public.... Read more »

2 Answers | Asked in Personal Injury for California on
Q: I had a ricotta cheese sandwich at a restaurant that tasted "off." I didn't get sick, but could I report them?
Ramona Rae Hallam
Ramona Rae Hallam answered on Dec 18, 2010

Sure, you could report anyone for anything. It would probably be better to work it out with the restaurant, however. You have no injury at all except a bad taste in your mouth. If they use a product that just leaves aftertaste, they probably aren't breaking any laws/regulations. I've wanted to... Read more »

View More Answers

2 Answers | Asked in Personal Injury for California on
Q: CAN I FILE A PERSONAL INJURY CLAIM AFTER THE STATUE OF LIMITATIONS
Ramona Rae Hallam
Ramona Rae Hallam answered on Dec 18, 2010

There are exceptions to the statute of limitations, such as active military duty, insanity, jail time, delayed discovery, trick by the Defendant, etc.. moreover, you may have more than just a personal injury claim. Please call an attorney immediately to determine whether you are truly barred.

View More Answers

2 Answers | Asked in Personal Injury for California on
Q: Hi, can you help , I had surgery in Jan of this yr & discovered a surgeon removed fallopian tubes no knowledge/consent
Ramona Rae Hallam
Ramona Rae Hallam answered on Dec 18, 2010

This is a medical malpractice claim. You need to immediately call a well-known medical malpractice attorney. Depending upon your date of discovery you may have very little time to bring suit. Amazing!

View More Answers

1 Answer | Asked in Car Accidents for California on
Q: I need help. I was in a car accident and I was wondering how long is it before lisence is able to be restored. I
Ramona Rae Hallam
Ramona Rae Hallam answered on Dec 18, 2010

It is unclear from your question why your license was revoked or suspended. Please give more detail.

1 Answer | Asked in Car Accidents for California on
Q: What does 16028A code stand for?

On my citation 16028A and 400A, are the codes. The citation was so long ago, I don't remember what the ticket is for.

Ramona Rae Hallam
Ramona Rae Hallam answered on Dec 18, 2010

The code literally reads:

16028. (a) Upon the demand of a peace officer pursuant to subdivision (b) or upon the demand of a peace officer or traffic collision investigator pursuant to subdivision (c), every person who drives a motor vehicle upon a highway shall provide evidence of financial...
Read more »

2 Answers | Asked in Personal Injury for California on
Q: Can i sue ambulance company for taking me to wrong hospital? I asked for VA and they took me to nearby hospital
Ramona Rae Hallam
Ramona Rae Hallam answered on Dec 18, 2010

You can sue anyone you want for anything you want. Whether you have damages that you can prove by their actions, would be a more apt question. You should provide more facts or telephone an attorney.

View More Answers

1 Answer | Asked in DUI / DWI for California on
Q: Statue of Limitations, Motion for dismissal,of misdeameanor DUI over a year ago.Can public defndr wave statue of limit.?
Ramona Rae Hallam
Ramona Rae Hallam answered on Dec 18, 2010

Pursuant to California Revised Code, Penal Code Sections 802-803

(a) Except as provided in subdivision (b), (c), or (d), prosecution for an offense not punishable by death or imprisonment in the state prison shall be commenced within one year after commission of the offense.

The...
Read more »

2 Answers | Asked in DUI / DWI for California on
Q: Can a person be found guilty for under the influnce when given a urine test. but hadnt used for a day and half
Ramona Rae Hallam
Ramona Rae Hallam answered on Dec 18, 2010

In case my first answer doesn't show up, you can be found guilty if drugs show up in your system. Your question jumps to the guilt phase of your case. There are pre-trial rights to discovery, and you can negotiate the charges with the District Attorney. I would retain an attorney if I were you... Read more »

View More Answers

1 Answer | Asked in DUI / DWI for California on
Q: How long may a person be held in jail without being provided with food or a bed?
Ramona Rae Hallam
Ramona Rae Hallam answered on Dec 18, 2010

While there are cases involving cruel and unusual punishment, the standard changes with the circumstances. Your question fails to provide enough facts to analyze well. Factors to be considered would be the jail's need to facilitate safe conditions, the prisoner's need for sleep at the time, etc.... Read more »

1 Answer | Asked in DUI / DWI for California on
Q: What is sentence for a third DUI?
Ramona Rae Hallam
Ramona Rae Hallam answered on Dec 18, 2010

The answer to your question will depend largely upon the facts of your case, such as whether there was an accident and how high your BAC (blood alcohol content) was. Assuming that there was no accident and the case was not charged as a felony, IN SAN DIEGO ONLY your sentence should be... Read more »

1 Answer | Asked in DUI / DWI for California on
Q: What happens on a third DUI?
Ramona Rae Hallam
Ramona Rae Hallam answered on Dec 18, 2010

The answer to your question will depend largely upon the facts of your case, such as whether there was an accident and how high your BAC (blood alcohol content) was. Assuming that there was no accident and the case was not charged as a felony, IN SAN DIEGO ONLY your sentence should be... Read more »

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.