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Michael Lee Becker
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Michael Becker’s Answers

33 total

  • Does the time commencing the probationary period start from the day of the plea or from the later sentencing date?

    If i Entered the plea on March 18, 2010 in Los Angeles County but was not sentenced until July, 2010, does the probationary period expire 5 years after March 18, 2010 or 5 years after July 27, 2010? Richard James Salas

    Michael’s Answer

    If your plea was entered in Los Angeles, CA, the 5 year probationary period would begin on the day you were sentenced, so your probation would end on July 27, 2015. However, if you have complied with all of the terms and conditions of your probation, you can apply for an early termination of probation after you have completed one half of the probationary period.

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  • What are the penalties for trespass in Nevada?

    I've never been charged with a crime before other than a speeding ticket.

    Michael’s Answer

    The crime of trespass is a misdemeanor in Nevada. Therefore, the judge may impose penalties of up to six months in jail and/or a $1,000 fine. In practice, however, judges rarely hand down jail time for a first-offense of trespass. The prosecution may even agree to settle the case for a small fee (around $150) as long as the defendant pleads guilty or no contest to trespass and doesn't pick up any new arrests until the case is closed.

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  • Theft NRS:205.0832 Poss. CC without Owners Consent NRS:205.090

    i would like to know what sentence i would get for a First Time offender... I admit to stealing credit card, but i wasnt the one using those credit card. i dont have any other criminal background or felony whatsoever on my record... and would like...

    Michael’s Answer

    As a first time offender for a charge like this, you are unlikely to face severe consequences. But you will likely be held accountable (on an accomplice liability theory) for fraudulent charges made on the card, and could be ordered to make restitution for the amount of loss. If the loss is substantial, jail is a possibility but could likely be avoided if the losses are paid back. If the amount is insignificant, you may be offered a misdemanor or the opportunity to have the felony reduced upon successful completion of probation.

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  • Gun laws

    My boyfriend was convicted of a domestic violence over 13 years ago. I understand that he cannot own a gun, but can I? His domestic violence did not involve me but a girlfriend he was with years before we meet. Does his conviction infringe on my c...

    Michael’s Answer

    This question is a hot potato. Your right to bear arms is a personal, fundamental and constitutional right that cannot be taken away from you by the action of others. Your boyfriend lost this right when he was convicted of domestic violence. How would this clash be resolved as a matter of law? If you share a residence and store the gun in a locker or safe to which only you have access, he could likely defend against the allegation that he had possession of the firearm. But if he were arrested and had to post bail, there may still be a heavy price to pay. I suppose this is no different that if one party possesses medical marijuana with a doctor's recommendation and the other has none. Would the party without a recommendation be arrested if the police raided the home and found the marijuana out in the open? Possibly. The real question is how important is it for you to own and possess the firearm? The facts provided present a grey area and your decision to possess a firearm inevitably presents risk to your partner. The best move is to keep and store your firearm in a manner and area which most plausibly supports your position that the weapon is yours alone, and deprives your boyfriend of access to the weapon.

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  • Can a cop get a breath test and draw blood even though I said I didn't want to?

    I was arrested and taken into custody by an officer after I supposedly failed a breath test. I said I didn't want to blow but he pulled out some paper saying he would detain my car for 30 days and my license for 2 years if I didn't. Then he did th...

    Michael’s Answer

    The DMV can suspend your driver's license for one year, not two, based on a refusal to complete and breath, urine or blood test. The officer should read you an admonishment explaining this to you. Your car can be impounded for thirty days for driving on a suspended license license, and even be forfeited after multiple driving on suspended license violations. Law enforcement can actually legally force a blood test but rarely do so. As far as slamming your head into a window and threatening to kick your ass, this is obviously improper. You can file an internal affairs complaint and should definately consult with a civil rights lawyer to explore a civil lawsuit. The extent to which this affects the outcome of the criminal prosecution is questionable, but your attorney may be able to use the officer's bad conduct to destroy the officer's credibility at trial and ultimately prevail.

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  • Charged for felony possession of meth 11377 in riverside county and under the influence 11550, what will happen :(

    This might have been an online sting i dont know yet, but i was pulled over by a cop for my rearview mirror, failed a soberity test. was initially arrested for possession of meth and under the influence, my bail was 5000 a misdemeanor bail is wh...

    Michael’s Answer

    If you have no record, you should be eligible for P.C. 1000, referred to as "Deferred Entry of Judgment"- or- Proposition 36, which are both drug treatment alternatives to jail. If you successfully complete the program, you would obtain a dismissal of the charges. There are some limitations on eligibility, for example, if you have a non-drug related offense (like driving under the influence), that can eliminate your eligibility. But it sounds from your description that they are not charging you with DUI. I think you'll be fine.

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  • I am 16 years old and was recently caught shoplifting.

    I got caught shoplifting at Target recently. I have done it twice before I got caught the other day and those other 2 days they did not stop me. I was taken into the security office where the guard talked to me. All the things I stolen from that ...

    Michael’s Answer

    Whether you actually get charged criminally remains to be seen. Normally, with a juvenile, the parents are called and the minor is released to your parents. Maybe, hopefully, the officer just wanted to scare you. The merchant may have elected not to press charges. You'll just have to wait and find out. You may also receive a civil demand from the merchant seeking statutory monetary damages. To the extent that you have no record, if you are prosecuted criminally custody is unlikely. There is a general understanding that young people are prone to make impulsive and irresponsible decisions. I wouldn't lose sleep over it. Just learn a lesson and move on.

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  • My daughter was caught shoplifting merchandise worth $47. No prior behavior like this. What can happen?

    My daughter & her friend were in a dept store & on a whim, her friend convinced her to put on multiple pairs of underwear. They were caught. The clothes my daughter had were worth around $47. The other girl, around $160. My daughter was released t...

    Michael’s Answer

    Sounds like extortion to me. They'll say that the store representative just chose his words poorly. It is true that California law allows a merchant to obtain civil compensation, and their attorney will cite those provisions when demanding payment. However, this is not really a "fine"- and they should not be threatening "arrest" if not paid. In reality, your daughter could have been arrested at the scene, but your summary does not suggest that the police were called. Also I'm not sure from the summary if your daughter is a juvenile, which could effect how things play out. Overall, I'd suggest paying the money if the sum is not unreasonable. You may even call and try to negotiate a reduced settlement. If you don't pay, they may or may not contact law enforcement. Probably not, but why take the chance?

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  • I violated informal probation and am wondering what may happen in court.

    I got a dui and served all the jail time. I was put on informal probation for three years and recently got a drunk in public. They let me out the next day but now I have a court date.

    Michael’s Answer

    Without commenting on your alcohol issues, and whether you do or don't need treatment, I don't think your situation is that dire. Although it is true, as the other attorney suggested, that you could receive a maximum of six months for a violation of probation, that is not likely. A "drunk in public" is a relatively minor offense. Of course I practice in Los Angeles and the San Luis Obispo court may take these things more seriously. If you end up in front of the same judge you had for the DUI, that could be a problem. Go to court and see what they want to do. If it's a big problem, you'll know, and then you can ask for time to hire a lawyer. If it's a slap on the wrist, suck it up, save your money, and be more responsible with the drinking so you won't have to deal with more problems like these.

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  • First DUI/clean driving record since I started driving/no criminal record. Stuck in

    As I was heading home I stopped at a red light. I put my car in first gear when it was time to go and I noticed my clutch gave out, as if the car was in neutral. I pulled off to the side of the hwy with the momentum my car still had and went ove...

    Michael’s Answer

    Nothwithstanding all the information that you provided, there are alot of unanswered questions. How much did you have to drink? Were you impaired? Did you take a blood, breath, or urine test? What tests did he have you perform? How was your performance on the tests? Are there any factors aside from drinking that may have effected your performance on the tests? Do you have a prior record for DUI? Did you have anything to drink from the time your car got stuck until the time the CHP officer arrived? What is the result of the BAC test? Why did the officer ask you if you had been drinking, e.g. did you smell of alcohol or were your eyes bloodshot? It really seems under these facts that you should consult with an experienced DUI attorney and be prepared to answer these and other relevant questions.

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