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Questions Answered by David Carl Beyersdorf
1 Answer | Asked in Criminal Law for California on
Q: If a cop lies on the stand,and the public defender orders the dash cam from 2 years ago ?will he have to hand it over?
David Carl Beyersdorf
David Carl Beyersdorf answered on Jul 27, 2018

The attorney can make a request for discovery. If the dash cam exists, then the DA is required to produce it. If it proved that the officer lied, then that could certainly help the defense case.

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Hi-I’m looking for help w a matter where I have an ex girlfriend with a PD trying to falsely put a RO on me
David Carl Beyersdorf
David Carl Beyersdorf answered on Jul 27, 2018

You have aright to notice of a hearing on a restraining order. If you don't want the restraining order, then contest it. By the way, doing this on your own is a bad idea. Get a lawyer. Good Luck

1 Answer | Asked in Criminal Law and Contracts for California on
Q: Can California jurors have access to transcripts of testimony? Is this different for criminal vs civil trials?

Are jurors allowed to read the transcripts themselves or are they required to have them read to them?

David Carl Beyersdorf
David Carl Beyersdorf answered on Jul 27, 2018

Jurors can ask that any portion of the transcript be read back to them. They don't actually get to have the transcript.

1 Answer | Asked in Criminal Law for California on
Q: I am 100 percent sure that my home, car, and phone are being electronically monitored by local law enforcement.

What can i do to confirm, confront and resolve the situation?

David Carl Beyersdorf
David Carl Beyersdorf answered on Jul 27, 2018

The only way that could be the case would be if a judge had signed a warrant allowing for it. If you are 100% sure, then you don't need to confirm. As for confronting or resolving, don't do anything illegal. Any warrant issued will not be for an indefinite time. Once the time allowed by the court... Read more »

2 Answers | Asked in DUI / DWI for California on
Q: In the State of California, I was convicted of a DUI in 2006, a second DUI in 2012. Has the 2006 DUI fallen off?

I was recently ticketed for a 3rd DUI in April of 2018 although I've not been charged as of July 2018. My questions are: Will the 2006 conviction appear making this a 3rd DUI or will it be dropped off making the April 2018 incident a 2nd DUI? Because the first two, 2006 and 2012 were 6 years... Read more »

David Carl Beyersdorf
David Carl Beyersdorf answered on Jul 27, 2018

The 2006 DUI conviction will not count as a prior DUI for sentencing because it is more than ten years old. Your 2018 DUI will be treated at as a second offense.

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2 Answers | Asked in DUI / DWI for California on
Q: I was told when u have one dui in California that u can’t have ANYTHING in your system for 10 yrs or it counts as dui#2?

My friend & I are debating if when u have a prior dui how long u have to drive with a .00 bac to have it not count as a 2nd dui in California. We both have 2. He says he was told by a cop that as long as u finish dmv classes u can drive w/ under a .08. I was told that since we have priors that if I... Read more »

David Carl Beyersdorf
David Carl Beyersdorf answered on Jul 27, 2018

The .00 sounds like a condition of probation. Once probation is over, you are no longer required to abide by probation orders.

Your friend needs to be careful about just trying to stay under .08 though. Under Vehicle Code section 23152(a), you can still get popped for a DUI under .08 if...
Read more »

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2 Answers | Asked in Criminal Law for California on
Q: my boyfriend knows about a murder case but he wants to know if he testifies against the suspect what
David Carl Beyersdorf
David Carl Beyersdorf answered on Jul 27, 2018

It looks like you got cut off before you finished your question. Give it another shot.

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2 Answers | Asked in DUI / DWI for California on
Q: What are my possible penalties for first dui?

My charges are vc23152(a) driving under the influence of alcohol vc23572(a) cbc spec/allege-minor passenger vc23152(b) driving under the influe over .08 BAC. There was a car in front of me and had a blinker on turning left, so I went around and passed. Cop stopped me because the car could of turned... Read more »

David Carl Beyersdorf
David Carl Beyersdorf answered on Jul 27, 2018

2-180 days in jail, probation, fines, high risk insurance, first offender dui program, suspension of driver's license, ignition interlock.

These are all possibilities. In some counties the minimum jail term is enforced literally, and in some counties you are allowed to do all or part of the...
Read more »

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2 Answers | Asked in Criminal Law for California on
Q: Can a police officer Forge a judge's signature on a warrant search warrant
David Carl Beyersdorf
David Carl Beyersdorf answered on Jul 27, 2018

Sure. Anyone can forge a signature. If a police officer did this, they'd be risking jail time and their career.

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2 Answers | Asked in Criminal Law for California on
Q: what does it mean when a judge say if : case Judicial Officer Glusman, Robert -A Comment vacate warrant

and at the same time the case informatiion

07/11/2018 O/R Revoked

by public defender told me to come to court tomorrow but im not on the calender

David Carl Beyersdorf
David Carl Beyersdorf answered on Jul 27, 2018

You need to follow your attorney's instructions. Sometimes a case gets added and doesn't make it to the calendar.

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3 Answers | Asked in Criminal Law for California on
Q: My boyfriend is in custody for second degree burglery and was on probation already what can I do to get pro bono lawyer

He's has priors and is in custody

David Carl Beyersdorf
David Carl Beyersdorf answered on Jul 27, 2018

Good news. All your boyfriend has to do is ask the court. So long as he qualifies financially, an attorney will be appointed..

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3 Answers | Asked in Criminal Law for California on
Q: If I allegedly stole from my county of residence, and my court appointed attorney is employed by that same county,as is

The prosecutor , can I get a change of venue or even a fair trial?

David Carl Beyersdorf
David Carl Beyersdorf answered on Jul 27, 2018

Not likely.

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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: My wife was attacked and beatin by her brother. Can i press charges for my wife?
David Carl Beyersdorf
David Carl Beyersdorf answered on Jul 27, 2018

The only one who can charge him is the District Attorney. You can certainly report the crime. If you are a witness, you can tell the police what you know. The police would likely do an investigation including interviewing your sister and at least trying to interview her brother. After that, the DA... Read more »

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3 Answers | Asked in Criminal Law for California on
Q: Did I commit a 459 burglary first degree if I went into a school room on a Sat when school wasn't in session and stole?

I went in and stole under 950 of things but I thought that if it isn't a house it's 459 second degree

David Carl Beyersdorf
David Carl Beyersdorf answered on Jul 27, 2018

Hire a lawyer to look at this. You need to stop admitting to crimes. This is not a private and confidential forum. More details would be needed to accurately answer your question, and you'd be advised not to provide ANY more details here.

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3 Answers | Asked in Civil Rights and Criminal Law for California on
Q: Could the charges be dropped due to bad policing and violating the rights of the residents?

Police from another district entered home saying it was a probation search after entering they said they were looking for an individual who ran from them 2 weeks prior who did not live at address. The person they were asking about already had been arrested 1 week prior by police who covered our... Read more »

David Carl Beyersdorf
David Carl Beyersdorf answered on Jul 27, 2018

There might be a suppression motion here, and there might not. Contact your lawyer about it. From your question, it sounds like you are also on probation. If that's the case, then you are likely subject to search without a warrant. It wouldn't matter if the police were looking for someone else.

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2 Answers | Asked in Criminal Law for California on
Q: I was charged with a lewd act over the internet with a minor . Can I reopen the case and get a better deal ?

This case was 2 years ago and I skipped court and never surrendered.

I wanted to reopen the case and fight it to get a better deal while I'm away and outside the country.

David Carl Beyersdorf
David Carl Beyersdorf answered on Jul 27, 2018

I have good news and bad news.

Good: If you skipped court, the case was never completed. Depending on where you were in the process when you took off, you might still be able to fight the case.

Bad: If you skipped court, the DA's office can file a 1320. Failure to appear on a felony...
Read more »

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3 Answers | Asked in Criminal Law for California on
Q: If i was intoxicated while in the back of a cop car but not arrested,how can i stop the d.a from using that evidence?

I said what they found was not mine, but i want to take responsibility because it was my car.

David Carl Beyersdorf
David Carl Beyersdorf answered on Jul 27, 2018

Lawyer up. What you are wanting to do may not have the affect that you think it will have. Rather than dismissing the charge on the person you are trying to protect, the DA may just charge you both if you now say it was yours.

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2 Answers | Asked in Criminal Law for California on
Q: I got charged with 11378. My public defender said the driver might be a potential witness,so what does that mean?

The driver asked to speak with my p.d. who said she cant discuss my case with her,that a investigator needs to talk to her,i dont understand...

David Carl Beyersdorf
David Carl Beyersdorf answered on Jul 27, 2018

If your lawyer talks to the witness, then your lawyer becomes a potential witness.

Here is how: Witness tells your lawyer that the meth was actually theirs and that you didn't even know it was there. Then later while in trial, the witness gets cold feet and says that they don't know...
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3 Answers | Asked in DUI / DWI for California on
Q: What is the maximum time for the first dui with two gbi. Never been in trouble ever

21 yrs old worked and went to school to become a RN

David Carl Beyersdorf
David Carl Beyersdorf answered on Jul 27, 2018

I'd need to know exactly how it is charged to give a reliable answer, but a standard Felony DUI in California carries penalties of 16 months, 2 years, or 3 years.

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