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Michael Lee Becker's Answers
Contributor Level 8
- 32 Legal Answers
- 0 Legal Guides
3
Attorney answers:
What are the penalties for trespass in Nevada?
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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2
Attorney answers:
I violated informal probation and am wondering what may happen in court.
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...
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2
Attorney answers:
Can I fight a citation on the grounds of a mis-citing my violation?
Due process requires that you be adequately informed of the charges levied against you. To the extent that the officer described the nature of the charge, "Minor Consuming Alcohol", you will most likely be deemed to be adequately informed of the charge against you. However, judges are sometimes like teachers who mark students off for minor mistakes on their exam or homework. So there's no harm in pointing the error out to the court. Maybe the judge will be impressed enough to toss it out....
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3
Attorney answers:
What do i do if i cant afford my dui classes
You need to go to the court and tell the public defender your problem. He/she can inform the judge of your situation. You won't go to jail because you don't have the money to pay for the classes. You will go to jail for not going to class and not appearing in court. Ask the judge for a "fee waiver". If the classes are presented by private entities and will not waive the fees, that's a problem. The court should be patient with you but it sounds like you may already being wearing out the...
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3
Attorney answers:
My man is in jail for stealing it was a MISDEMEANOR he is now on hold for immigration what are his chances of getting deported?
In California theft of under $400 is considered a misdemeanor. Under federal law, a criminal alien is "removable" (deportable) if they commit an aggravated felony, which is a crime punishable by a year or more in custody. To get deported for crimes of moral turpitude, as discussed in the previous answer, he would need to have two or more convictions. However, if he is undocumented, he could be deported for that reason alone. Other factors, like how long he has lived in the United States and...
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3
Attorney answers:
In California, is petty theft as a minor considered a misdemeanor?
First of all, although you may have been cited for a misdemeanor offense, you have not been convicted of any crime. If you have no previous record, it is quite possible, in fact likely, that you may be able to resolve the matter in the juvenile court without a mark on your record. It is the intent of the law in California that juvenile records be kept confidential, although colleges and universities will ask you to provide information and expect truthful and thorough responses. You should...
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2
Attorney answers:
How do i get my record sealed? whats the difference between sealed and expunged records?
Under the NRS 179.245 it states the following: A category C or D felony after 12 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later. This means that there is a 12 year waiting period to seal that specific record. Please keep in mind that when you decide to seal a record; all items on the SCOPE Report (police report) must be eligible to be sealed. You do not get the option to pick and choose what items you want to have sealed.
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1
Attorney answers:
Is it illegal for children to be put on trial without an attorney on there behalf in family court ?
I am a Criminal Defense attorney, and it appears from the facts presented that the children should have been appointed counsel at the criminal trial if their stories changed. This is because they could be prosecuted for having provided false statements to law enforcement. However, if the prosecutor represents on the record that the children will not be prosecuted, a judge may deem counsel for the children unnecessary. Regarding the Family Court, you really should speak to a family lawyer....
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1
Attorney answers:
Obtaining Money Under False Pretenses
A prosecutor is afforded wide latitude in amending or altering the charges prior to trial. That does not mean that the prosecutor can change the charge on the eve of trial, but certainly if there has not yet been a preliminary hearing, leave to amend would be permitted. Even after a preliminary hearing, as long as the defense is not prejudiced, an amendment would likely be allowed if evidence supporting the charge was presented at the preliminary hearing. That being said, although the term "...
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4
Attorney answers:
What are the penalties for driving wirth a suspended license in california due to a DUI?
Under Vehicle Code section 14601.2, there is a minimum penalty of 10 days county jail (as a condition of probation) for driving on a suspended license if your suspension was due to a DUI. The maximum jail time is six months plus a fine of $300 to $1,000 plus "penalty assessment". Additionally, if you are placed on probation for the DUI, one of your probation conditions will be not to drive without a valid license; so you could get additional jail time for the probation violation. Some courts...
1 person marked this answer as helpful