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David Jean Kaloyanides's Answers
Contributor Level 10
- 69 Legal Answers
- 4 Legal Guides
4
Attorney answers:
Please explain?
In general, a "diversion" or "deferred entry of judgment" program such as that specified in California Penal Code Section 1000 et seq. is part of the terms and conditions of probation. The probation period extends for such time as necessary to complete the specified treatment program. That probation period can be extended under certain circumstances. Failure to complete the program or failure to comply with other terms and conditions can result in a probation violation and revocation....
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Attorney answers:
Will I be harboring a fugitive from another state here in California? CA Penal Code Section 32
If you assist anyone in avoiding detection by law enforcement or escape from arrest or prosecution, you are an accessory under California Penal Code Section 32. However, your purpose must be to assist in the evasion. As you know that your boyfriend has been charged and intends to flee, even if you permit him to stay with you could expose you to criminal prosecution.
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2
Attorney answers:
Dismissed DUI charge and come back to US.
If you were not convicted for the DUI but the charge was reduced to a traffic infraction, there should be no immigration consequences for you. If you are a legal permanent resident, a traffic citation or criminal infraction would not affect your immigration status. However, that does not mean you will not be stopped by Customs and Border Protection upon return to the United States. If you want to know the full scope of possible consequences, you should consult an immigration attorney.
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Attorney answers:
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The fbi is accusing me of a crime i did not commit what do i do
Do not speak to any federal law enforcement officer without having an experience federal criminal defense lawyer present. If the FBI has told you they have evidence against you, they will pursue this matter. You need to protect yourself. The FBI wants you to incriminate yourself by voluntarily providing them with information. They might or might not have evidence against you. They don't have to tell you what they have. Do not wait. You need to hire an experienced criminal defense lawyer...
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4
Attorney answers:
647 (b) pc prostitution
Misdemeanors generally carry a maximum penalty of 1 year in the county jail, a fine of $1000 or both. However, under PC 647(b) there can be some enhancements and additional penalties depending on a variety of factors. If you cannot afford a lawyer, make sure you request a public defender at your first court appearance. You should never try to handle a criminal matter on your own.
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3
Attorney answers:
Does a traffic misdemeanor from Arkansas show up on california ncic
Misdemeanors can show up on the NCIC database. Not all of them do. However, more troubling is the description of the search of your friend and the room based on nothing more than an outstanding traffic warrant. Your friend needs to consult with an experienced criminal defense lawyer right away in order to determine whether or not the search of the room was proper. This analysis cannot be done merely through a website inquiry as the law of search and seizure is a complex and changing area.
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1
Attorney answers:
What does state prison 3, both abstract mean?
Unfortunately, your question does not provide enough information for a general response. It is likely that you need to bring the Judgment and commitment documents to counsel for them to review and explain it to you. Your husband's lawyer should be able to tell you what it means.
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1
Attorney answers:
Is it possible to restore my firearms rights if convicted of a Class B Felony?
Be careful. While certain civil rights such as the right to own or possess a firearm can be restored, even in California, Federal law is different. Although you can have your state rights restored, it does not mean that you right to possess a firearm under federal law has been restored. You can be charged as a felony in possession under federal law even if you have had your state rights restored. You need to consult with an experienced criminal defense lawyer who knows the implications...
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2
Attorney answers:
How many years back can the court use your prison priors for a new case?
While your question appears to be related to a state case, you should be aware that in federal court, priors do not have the same "washout" period as under state law. Prior state convictions are considered for increasing sentences in federal court up to 10 years from release from custody for misdemeanors and 15 years from release from custody on felonies. Moreover, for certain sentencing enhancements, it does not matter how old the prior conviction is as long as it is an adult conviction....
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2
Attorney answers:
A letter from the boss
It really depends on what the underlying offense is for which your son is serving the sentence. If it is a non-violent offense, you might be able to get the DA and the Court to reconsider the sentence. However, as a practical matter, getting the DA to consider a closed case is difficult. Even if you could get the DA interested, it would take at least a week or two to get the request submitted. Defense counsel would be able to move the process along more quickly, but this would not happen in...
1 person marked this answer as helpful