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Questions Answered by Brian Scott Winkler
2 Answers | Asked in Criminal Law for California on
Q: Pc 496D(A) Is what my mom got arrested for. She has never been arrested before. How much time do you think she will get?
Brian Scott Winkler
Brian Scott Winkler answered on Jan 13, 2019

Mr. Gribow is right with respect to this charge. This charge is considered a wobbler, meaning the District Attorney can file it as felony or a misdemeanor. By California statute provides a monetary amount ($950 in loss) to determine misdemeanor or felony, generally, each question raised below are... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: What is a 455(b)pc1 mean

My boyfriend in jail he on ab109 and violated for no reporting when I called county jail they told me that 455(b)pc1

Brian Scott Winkler
Brian Scott Winkler answered on Aug 25, 2018

PC 455 is the criminal charge for Attempted Arson, a serious strike. This charge carries a requirement to register under the statute as an Arsonist. Based on your question that he is in jail based on a violation, he likeky failed to conact probation upon his release or if the meeting took place,... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: If there’s a domestic restraining order for you and decides not to serve. But have a previous record will da pick it up
Brian Scott Winkler
Brian Scott Winkler answered on Nov 28, 2017

If I understand the question, which is whether or not the DA can pick you up for a violation of a restraining order, if you were never served? The simple answer is no, however, before I provide a more definitive answer, i believe it’s equally important to briefly drescribe the restraining order... Read more »

2 Answers | Asked in Criminal Law for California on
Q: I don't no if the public defender will fight for my son or she just won't him to take any deal ...to many casesshou

Should he give her a chance

Brian Scott Winkler
Brian Scott Winkler answered on Nov 19, 2017

I would guess that many of the best "prIvate" criminal defense attorneys in most towns, throughout the county, either started or had a stint with their local public defender office. My firm does approximately 80% criminal defense work, and I cant say any issues that have risen in a co-defendant... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: If a 17 year old girl dates a man who is 22 years old, is it still a crime?
Brian Scott Winkler
Brian Scott Winkler answered on Nov 7, 2017

In California.....Yes, that would be a crime

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1 Answer | Asked in Criminal Law for California on
Q: is there any way to reduce a welfare fraud crime to a misdemeanor?

is there any way to reduce a welfare fraud crime to a misdemeanor if you served prison time for a year for a $400 charge that was paid off. Would it qualify as a wobbler crime? under Penal code 17(b)?

Brian Scott Winkler
Brian Scott Winkler answered on Aug 31, 2017

First, for clarification purposes, you stated one year "in prison" in California. We have determinate sentencing, meaning should you have plead guilty, your prison term would have been either 16 months, 2 yrs, or 3yrs. unless due to unusual circumstances, the judge will allow you you up to one year... Read more »

1 Answer | Asked in Criminal Law for California on
Q: what happens if i don't pay the $350 fine to the store i shoplifted from?

i was caught shoplifting at a khols in CA and i was told i have to call within 2 days to pay a $350 fine if i don't call what happens? i'm also moving so my address is changing so the letters they send will be sent to my old address.

Brian Scott Winkler
Brian Scott Winkler answered on Aug 12, 2017

I guess the unknown but relevant fact is based on the word "caught"! Does that mean caught by loss prevention and signed an agreement to pay a $350.00 fine, or does it mean you were caught, arrested, and plead to ship-lifting, and fined by the court $350, and any restitution. Since you were caught... Read more »

2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: So I was in a car with my friend and he was taking me home about 5 minutes after driving we.get pulled over

And the police told me.he had three warrants Can the courts subpoena me as a witness and or a bystander due to the fact that I was with him in the vehicle

Brian Scott Winkler
Brian Scott Winkler answered on Aug 7, 2017

The short answer is yes, the likely answer is probably not, unless your presence is very important to establish the fact that he was driving. With three warrants, it may me based on whether or not the arresting officer knew him or had some prior contacts. If the car was pulled over in a period of 5... Read more »

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1 Answer | Asked in Family Law, Criminal Law and Health Care Law for California on
Q: My dad has bipolar schizophrenia and has been acting aggressively. He has threatened to kill my mom. What should I do?

Could that help us hospitalized him?

Brian Scott Winkler
Brian Scott Winkler answered on Aug 6, 2017

From a criminal law stand point, threatening one's life can be a crime under Calif. Penal Code 422, however, one of the elements to prove is not just the threat, but whether your mother believed he had the ability to carry out the threat and would do do so. Based on your question, this type of... Read more »

2 Answers | Asked in Criminal Law for California on
Q: Can a criminal case be dismissed because the defense was not asked to bring witnesses at the preliminary hearing?
Brian Scott Winkler
Brian Scott Winkler answered on Aug 1, 2017

No. Preliminary hearings are simply a "51%" evidentiary hearing for the District Attorney! There are times a defense is proper and even defense witnesses can be called, in the event the case filed was a bad decision by the DA. However, in California, the burden for the DA is rediculously low,... Read more »

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3 Answers | Asked in Criminal Law, Domestic Violence, Juvenile Law and Sexual Harassment for California on
Q: What all could happen if a 14 year old girl is caught sleeping and gets pregnant with a 25 year old man?

One of my friends who is 14 just told me that she is sleeping with a 25-year-old I'm scared as to what would happen if they ever get caught but what would happen if they do get caught? How long would he go to prison for ? If she says it was consensual will he still get in trouble ? And since... Read more »

Brian Scott Winkler
Brian Scott Winkler answered on Jul 18, 2017

There are so many legal issues involved in that question, it reminded me of taking the bar exam a few decades ago! I'll do my best to just give answers, and then provide a little narrative in what could be a game changer!

1) if they were caught, it would definitely be statutory rape at the...
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1 Answer | Asked in Criminal Law for New Mexico on
Q: Does hear say from a 6 year old girl from a audio recording from another agencys interview provide evidence 4 warrent
Brian Scott Winkler
Brian Scott Winkler answered on Jul 12, 2017

Well, generally I would say no! However, the word "another agency" is a little ambiguous. If it means another law enforcement agency that made a pretext phone call, then maybe, because I have seen that happen. I have filed similar motions to quash and still based many times, on the serious nature... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: can the accused be charged with aggravated assault if they pulled up their shirt revealing a BB gun? Never removing it.

The BB gun was never removed from the accused's pants.

Brian Scott Winkler
Brian Scott Winkler answered on Jul 10, 2017

Yes, the accused can be charged with criminal assault, even though the gun was a BB gum. An unknown but important fact, is whether the party assaulted recognized the weapon as a BB gun. Simply based on the weapons having to be reveal by lifting up a shirt, without knowing the mental capacity of... Read more »

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