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Richard Gaxiola
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Richard Gaxiola’s Answers

68 total


  • I am thinking about appling for a police officer position and was wanting to no if I need to disclose a First Offender Forgery?

    I have completed everthing and it has been over 5 years since discharged with no other instance.

    Richard’s Answer

    I agree, read each question carefully before you answer. To my knowledge, any law enforcement position application questions any arrest, charge and conviction.

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  • Probation for a dui. i got a "false positive" on my breathalyzer. 10 min. later it was fine. am i going to jail?

    texas

    Richard’s Answer

    Your question is unclear. Is your case still active? Did you enter a guilty plea? Any issues with the breath testing device should be investigated immediately. Such issues could result in a solid defense for you.

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  • Is character defamation online actionable? If the person being defamed cannot address the defamation?

    If a person posted something online and someone took exception to it, brought it to a forum that the person who originally posted cannot access because that person does not belong to the site, is that actionable? Is that defamation of character if...

    Richard’s Answer

    I agree with counsel's response.

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  • How do you add a character witness, if you just found out they knew something about a possible motive from a victim of a crime?

    I have just found out that my grandmother received a christmas gift from the victim of a alleged crime, but received it before the incident occurred. I did a pretrial order telling of my witnesses and defenses that I would use in court, but was j...

    Richard’s Answer

    You should not be representing yourself as you may not fully understand the court process, criminal rules of procedures and evidentiary issues therein. I agree with the previous attorney to call attorneys, some may offer an affordable payment plan for your misdemeanor case.

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  • My byfriend was arrested on july 16th tha vacated his charge on the 3ed of this month now he has a court date of the 9th

    he has a prior in 05 the guys dont plane to sow up whatsgoing to happen to my boyfriend

    Richard’s Answer

    It sounds as though your boyfriend has been indicted. August 9 is likely the summons date he received to attend his Not-Guilty Arraignment. Should he fail to appear, the court will issue a bench warrant for his arrest. It is in the best interest of your boyfriend to consult with a reputable and experienced criminal defense trial lawyer. Call me to discuss the case: 602-717-0631.

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  • Will dui,s frome 94 be on microfich?

    Da's last attempt to find dui,s,records are no were to be found,doj has nothing,goes to court on monday,dmv wants dl157 ,im claiming i never had dui,/id theft

    Richard’s Answer

    I agree with Mr. Shapiro's response. Never assist the state in its prosecution of yourself.

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  • Do i need a lawyer and will i go to jail

    i have several traffic tickets and 6 driving without a licence and i havent been to court for any of them. I recently had a court date (7-19-2012) and missed it will i end up having to go to jail if i go as a walk-in

    Richard’s Answer

    You likely have a bench warrant issued for arrest due to your failure to appear in court. You could be taken into custody in the court or during everyday life. Its always best to resolve your matter. I agree, contact a local attorney for help and resolve your cases. Good luck.

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  • My daughter got a ticket at age 20 for open container and under age drinking will this show up on background check

    She was not arrested or printed she paid the ticket she did a background (finger print) report on herself didn't show up but she wasn't fingerprinted will this show up on background check for medical or dental school?

    Richard’s Answer

    The concern is that its out there and if there is a question on professional school examinations and/or applications, she should answer candidly or else it may come back and prove problematic in the future.

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  • How can I effectively fight an absurd red light violation in court?

    I recently obtained a ticket for a red light violation. As I was driving I saw that there was a police officer, whose sirens were already flashing, up ahead, perpendicular to me. I made a complete stop at the red light after an abrupt yellow light...

    Richard’s Answer

    Contact a local attorney for a consult in the city where you received the ticket. There are alot of attorneys who will speak on the phone for a few minutes for minor traffic violations and provide some guidance. In your fact pattern, you did not run the red light but came to a complete stop after the traffic signals changed abrutly likely due to the emergency situation ahead of you. Traffic signals change due to Firetrucks approaching the intersections. What exactly was occuring ahead of you and how far did you enter the crosswalk in terms of feet?

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  • Will this go on my insurance record in Ontario?

    I'm from Ontario, Canada. I was pulled over for speeding in Wyoming County, NY. However the officer gave me a ticket for disobeyed traffic control device. He told me I could mail in the ticket and plea guilty so I don't have to personally go there...

    Richard’s Answer

    I agree, its two separate countries so unlikely your insurance will be notified and affected.

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