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Questions Answered by Ryan James Tegnelia

1 Answer | Asked in Criminal Law for California on

Q: What exactly is a walk-thru warrant?

I would like to know all about officer requested walk-thru warrants. What are some possible reasons for why this type of warrant might be issued?

Ryan James Tegnelia answered on May 18, 2012

I am not familiar with that term. Whenever an officer seeks a search warrant, they must describe, with specificity, the areas they wish to search and what it is they are looking for. If the warrant is signed off on by a judge, they are allowed to look anywhere in the premises that could... Read more »

1 Answer | Asked in Criminal Law for California on

Q: I discharged sex crime comm in 2000. I am curr on parole for burglary. Can I legally have gps removed and return home?

In 1991 I was commited to state prison for a 288(a). I served my time and completed my parole in 2000. I had no legal troubles and always registered as a pc 290 until 2007 when I was convicted of a 459 2nd degree burglary. I have a gps monitor and am not allowed to return home to Hesperia due to my... Read more »

Ryan James Tegnelia answered on May 18, 2012

It would depend on who is ordering you to wear the GPS monitor and to not be in Hesperia. If it is your parole officer, then you would need to take it up with them, if it is a court order, you may be able to calendar a motion and get that order modified.

2 Answers | Asked in Criminal Law for California on

Q: I got picked up on an old warrent. that 4 FTAs on a misdameador/ paraphnillia opened in 2008. i did pc1000...

This case is open due t nonpayment of court fines. i did 5 days and was sited ut. i go to court tomorrow and am scarred because i heard that i could be sentenced to 1 year ...is that true? what are my options? can i just pay the court the entire fee. or is it too late for that .scared, don't know... Read more »

Ryan James Tegnelia answered on May 18, 2012

Paying the fine will not guarantee that the judge will not impose any additional punishment, but you will certainly look much better in the judge's eyes.

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3 Answers | Asked in Criminal Law for California on

Q: Do I have rights of being under the influence of a controlled substance in my own home

Ryan James Tegnelia answered on May 18, 2012

No. California Health and Safety Code 11550 (here is a link http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=11001-12... ) does not vary by location. It is simply illegal to be under the influence.

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3 Answers | Asked in Criminal Law for California on

Q: Held two years too long on parole what to do

Ryan James Tegnelia answered on May 18, 2012

There is not enough information here to provide an answer. What do you mean by being on parole two years too long? Was it scheduled to expire and then extended? Were they any violations?

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2 Answers | Asked in Criminal Law for California on

Q: How does statue of limitation work in california

Ryan James Tegnelia answered on May 18, 2012

The prosecutor must file charges within a specified period of time. If the charges are not filed timely, prosecution may be barred. Generally, the statute of limitations is 1 year for misdemeanors and 3 years for felonies. However, some categories of crimes (e.g. sex crimes and homicide) have... Read more »

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2 Answers | Asked in Criminal Law for California on

Q: I had court for sentencing, and I came late (I also dnt live in las vegas) so I have a paid lawyer and he puts my case

Back on calendar for the next day, Im literally 4 mins late trying to park and his assistant calls my cell phone to tell me I have a warrant and not to go in the court house and that I'll need another $1200.00 for him to do some kind of motion. My question is what do i do now when in fact I was... Read more »

Ryan James Tegnelia answered on May 18, 2012

Easy, be on time. It is not uncommon for judges to start court promptly, and if they get around to your case and you are not there (whether that takes 5 minutes or two hours), they are not very likely to wait for you. They will issue a warrant to maintain jurisdiction and move on to other matters.

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2 Answers | Asked in Criminal Law for California on

Q: What is the criteria for filing a romero motion

Ryan James Tegnelia answered on May 18, 2012

There aren't criteria; there are factors the court will considers when deciding whether or not to exercise it's discretion and strike the prior strike. Judges look at the length of time since the last conviction and the current offense, the nature of the previous offense, whether or not the court... Read more »

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2 Answers | Asked in Criminal Law for California on

Q: My probation officer in Santa Clara county is rejecting my request to tranfer counties. What can I do?

I have nowhere to live in Santa Clara county after the end of the month and I have no income. I'm trying to relocate in Stanislaus county but my probation officer is rejecting my request on the grounds that I've transferred twice already.

Ryan James Tegnelia answered on May 18, 2012

Remember that the probation department works for the court, so if you can't get your probation officer to agree to something, you can calendar a motion in front of a judge and ask the judge to order the probation officer to do what you are asking.

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3 Answers | Asked in Criminal Law for California on

Q: Regarding my husbands case. Want to know if he'll be serving a large amount of time ?

Hes been incarserated since feb 2012,charged with PC 664/459,PC 664/211,PC 182(A)(1, snd hes been constanstly going to court in which they always get dismiss, and i believe is also a joint trial with 2 other individuals in which they have priors. Now my husband does not have priors ( clean record).... Read more »

Ryan James Tegnelia answered on May 18, 2012

Attempted burglary and attempted robbery are serious charges, however with the count of conspiracy there is no way of knowing what role your husband is alleged to have played in the crime and it certainly says nothing about the strength of the evidence. You need to call your husband's lawyer and... Read more »

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2 Answers | Asked in Criminal Law for California on

Q: My husband is a victim of crime in california I was summoned to testify against him can I use spousal priviledge

Ryan James Tegnelia answered on May 18, 2012

Spousal privilege can be complicated. It depends on what it is you are being called to testify to. You should contact an attorney in your area and review the case with them.

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3 Answers | Asked in Criminal Law for California on

Q: Do you have a right to your discoveries while you are fighting a criminal case

Ryan James Tegnelia answered on May 18, 2012

Yes. Some of the discovery can be redacted (contact and private information of witnesses removed) but it does not need to be given to defense counsel.

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2 Answers | Asked in Criminal Law for California on

Q: What is the charge 1-23152 (A) VC

Ryan James Tegnelia answered on May 18, 2012

Driving Under the Influence of Alcohol and/or Drugs.

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2 Answers | Asked in Criminal Law for California on

Q: Is it difficult to delay a misdemeanor arraignment in San Diego by a few months?

Ryan James Tegnelia answered on May 18, 2012

Depends on why it needs to be moved. However, unless you hire an attorney, you would need to be personally present at each hearing.

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2 Answers | Asked in Criminal Law for California on

Q: How can i find out the sentence of a california inmate without asking the inmate himself?l

Ryan James Tegnelia answered on May 18, 2012

Go to the court house and pull the court file. The docket from the sentencing should be in there and contain the length of custody.

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