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Edward Jerome Blum

Edward Blum’s Answers

1,478 total


  • I have a prior petty theft from 4 years ago and have to go to court tomorrow for new shoplifting charges. But I'm in rehab.

    I am in rehab for substance abuse and have been since 01/07/11. tomorrow on 03/09/11 I am facing shoplifting charges from 09/18/10 that re-appeared a few weeks ago after I already started rehab. What can I do? What will happen to me? I am going to...

    Edward’s Answer

    Bring the letter. Get a lawyer. The law was changed as of January 1, 2011. The felony the other lawyer spoke of has been changed to require 3 separate misdemeanor theft priors.

    You should be ok, as long as the amount wasn't above the threshold.

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  • In a California DUI case, is a blood test result admissible in court if it was given more than 3 hours after arrest?

    In a California DUI case, is a blood test result admissible in court if it was given more than 3 hours after arrest?

    Edward’s Answer

    Yes it is admissible. It is of limited (less) weight in a DUI trial because (1) the mandatory presumption does not apply and (2) in any DUI the question is "How does the test relate to my BAC at the time of driving?" and the further away the test is from time of driving the more meaningless it is.

    Edward J. Blum
    LAW OFFICE OF EDWARD J. BLUM

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  • Arrested for theft , what happens if accept settlement

    If you are arrested for petit theft and are assigned a court date. then sent a letter for a settlement. what happens if you pay the settlement? Is it still on your record? Can it be expunged? Do you still have to go to the court date even if you p...

    Edward’s Answer

    I don't practice in FL. If you were sent a letter from the store that says you stole something, then it is completely different. They are attempting to settle their civil case against you. Generally, if you pay you may be able to obtain a civil compromise, but the settlement may not have that effect.

    The settlement would be civil, it could not be expunged. There would be no record of the civil settlement therefore it would not be on your record. If you can obtain a civil compromise, then the criminal case would be dismissed and the record would show an arrest and a dismissal.

    Edward J. Blum

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  • What can I espect for a 4th DUI?

    first one in my teens 2nd 20s 3th 30s this one was forgiven cause of they forgot to read me my rights ! this last one was the worst one I had open container I have an lawyer and he said my license will be taking away for 10 years!!! I need a seco...

    Edward’s Answer

    I don't practice in KS, but it depends on the length of time that a DUI is priorable -- in California it is 10 years. So for the DUIs that happened outside of the period of priorability they would not count. You should fight it. At least the prior DUIs.

    Edward J. Blum

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  • If the Grand Jury decided the case was a "no bill"can we get the DA,or a lawyer to submit a Grand Jury Packet? We live far away-

    There are many people ,including his employer for the last 10 years that have been waiting to submit sworn character statements -but we were misinformed-and never got the info as tol where to send the sworn statements-his ex of 12 years included-h...

    Edward’s Answer

    No bill is the equivalent of not being held to answer after a preliminary hearing. It means that the grand jury found that there was NOT probable cause to file a complaint against him. This means that he can have the case sealed/destroyed (check local law) and initiate a civil suit (if appopriate) against the person who made these charges.

    Edward J. Blum

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  • Is my life ruined?

    i got 3 marijuana charges in the last 6 months, will i get prison time? i am 17 years old and i really want to change my life around but if my court doesnt go well, then im screwed. they were all cds charges nothing huge like selling. im very scar...

    Edward’s Answer

    I don't practice in MD. These will count as juvenile cases and if you are adjudicated (found guilty) of the charges the record of the charges will be sealed for all except the police when you reach 18 and complete your sentence.

    Edward J. Blum

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  • Accused of theft and plan on plea bargaining - what is taking so long?

    I am guilty of theft and have agreed to a plea bargain. My atty. contacted the police and district atty. 2 months ago. No terms of a plea have been discussed to this point. I have not heard anything other than my atty. said the DA is very busy....

    Edward’s Answer

    It sounds as if the DA has not filed a case. This could be the hold up. Once a case is filed you will be arraigned and can plead guilty at the arraignment. It seems like there may be some issues that are causing the delay. You may want your attorney to review the police report to make sure that there is a valid case against you.

    Edward J. Blum

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  • My friend was pulled over for speeding, they searched the car and my purse for no stated reason, without permission f rom myself

    they found "shrooms" in my bag and took me to jail without ever reading me my rights, is all this legal?

    Edward’s Answer

    I don't practice in FL. Your attonrey can bring a motion to suppress the 'shrooms as they, apparently from you facts, did not have probable cause to search your purse.

    Edward J. Blum

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  • If the police don;t pursue what to do next..

    My question is if I reported a burglary and property vandalism and the person (my brother) lived in the same house the police didn't pursue the suspect of the crime and gave me a police report # on a note pad piece of paper for the criminal and s...

    Edward’s Answer

    I don't practice in MO. This is not really the forum for answering questions about post-judgment collections. You can't bring a contempt against him for failing to pay a money judgment, but you can garnish his wages, attach his bank accounts, get a charging order or his personal property, and get an abstract of judgment on his record.

    Edward J. Blum

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  • Do I have to appear in another state to handle a misdemeanor warrant for failure to appear on a public intox charge?

    I was living in CA at the time of this ticket and failed to appear in court because I was deployed to Iraq. This was about 4 years ago. My license is suspended here in CO and they said I need to go to CA to handle it. In order to appear in their c...

    Edward’s Answer

    In California an attorney can appear on your behalf and do what needs to be done to resolve your ticket.

    If it's in Los Angeles County, give me a call (213) 479-5322.

    Edward J. Blum

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