Nicholas Maurice Rosenberg’s Answers

Nicholas Maurice Rosenberg

Los Angeles Criminal Defense Attorney.

Contributor Level 14
  1. Does marijuana in your blood turn a fatal accident into a felony?

    Answered over 1 year ago.

    1. Nicholas Maurice Rosenberg
    2. Sarkis Jacob Babachanian
    3. Joseph Salvatore Farina
    4. Michael Jon Fremont
    5. Vijay Dinakar
    6. ···
    8 lawyer answers

    Even without any intoxicant in the blood, the driver of a vehicle involved in a fatal accident can be charged with a felony vehicular manslaughter, depending on the level of negligence alleged, because gross negligence makes the charge more serious. Yes, there are versions which take alcohol or drugs into account. This is a complicated area in general because the studies for marijuana are not as advanced for alcohol as far as impairment. It is possible to get charged with a DUI based on...

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  2. What if a DUI convicted still drives and being caught by a police?

    Answered over 1 year ago.

    1. Joshua Kaizuka
    2. Nicholas Maurice Rosenberg
    3. Michael Jon Fremont
    4. David Glenn Ridings
    5. Anthony David Scott
    6. ···
    7 lawyer answers

    He could face jail time especially in Ventura County and the vehicle could be impounded as indicated. www.losangelesdefenders.com

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  3. What Do I do My car was stolen and they got on a high speed chase and ran and the cops think it was me?

    Answered over 1 year ago.

    1. Christian K. Lassen II
    2. Antonios Kalogerakos
    3. Matthew C Simon
    4. Nicholas Maurice Rosenberg
    5. David Lee Fiol
    6. ···
    9 lawyer answers

    First, do not post any more facts regarding this on AVVO because a high speed chase may be identifiable in your area. Second, with a suspended prison term of four years hanging over your head you need to speak to an attorney tomorrow even if it means closing the office. In these early stages an attorney can be critical and you are still out of custody with access to funds to hire one, if that is the case. You raise some important issues for your defense and it sounds like you have a lot on...

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  4. Shouild i get another public defender ?all advice please

    Answered over 1 year ago.

    1. Nicholas Maurice Rosenberg
    2. Joseph Salvatore Farina
    3. Michael James Kennedy
    4. Michael Kevin Cernyar
    5. Mary Xinh Nguyen
    6. ···
    7 lawyer answers

    My answer to you is that the very low cost attorney that you have is the public defender. Many public defenders have very high caseloads, often in the hundreds for misdemeanors, and they are in trial frequently. If you want more service, such as more client meetings, the attorney's cell phone number, the opportunity to strategize with the attorney, then you will probably have to hire private counsel. As has been pointed out to you, most offer free consultations. Some will accept a payment...

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  5. Question about what constitutes a witness affidavit. When a 3rd party writes an affidavit for immigration purposes

    Answered over 1 year ago.

    1. Nicholas Maurice Rosenberg
    2. Matthew Murillo
    3. Alexander Joseph Segal
    3 lawyer answers

    This is an immigration question regarding testimony by affidavit and not a criminal law question. I recommend reposting under immigration.

    10 lawyers agreed with this answer

  6. In reference to criminal record expungement...

    Answered over 1 year ago.

    1. Andrew Stephen Roberts
    2. Nicholas Maurice Rosenberg
    3. Stephen Troy Allen
    4. Philip Daniel Hache
    5. Michael James Kennedy
    6. ···
    6 lawyer answers

    Yes, I agree that you must file your petition with each county individually. As to timing, very often the petition will be sent to the original judge, or if not, the presiding judge will review it. Some courts will require a hearing on the petition. In the Los Angeles area, up to 8 weeks is not uncommon, but I would defer to local counsel in the Bay Area. Good Luck.

    10 lawyers agreed with this answer

  7. DUI as passenger in California

    Answered over 1 year ago.

    1. Nicholas Maurice Rosenberg
    2. Christopher Paul Sohovich
    3. Jayan Hong
    4. Matthew Murillo
    5. Michael Jon Fremont
    6. ···
    7 lawyer answers

    I agree that if you are concerned about being charged with a DUI under Vehicle Code Section 23152(a) or (b), the prosecution needs to prove that you drove. However, sometimes you may get what are called "alcohol terms" in your probation, which may include not frequenting an establishment whose primary purpose is the sale of alcohol, and if you were actually ordered not to drink any alcohol, then that could be a violation of that probation, but, I think that one is unlikely. So I agree, check...

    10 lawyers agreed with this answer

  8. How much can you be sent to jail for child cruelty, DUI Alcohol/Drugs, and Evading Police: Disregard to safety? with a record of

    Answered about 1 year ago.

    1. Jasen Bodie Nielsen
    2. Scotty J Storey
    3. Nicholas Maurice Rosenberg
    4. Anthony Michael Solis
    5. Troy Slaten
    5 lawyer answers

    I agree with Mr. Nielsen but I will attempt to offer some insights by way of an answer. Assuming that there is a conviction on the new DUI, with the wet reckless serving as a prior, I would guess that a 30-day sentence might be possible, and that could go up to take into account the evading and child endangerment (if that is not dropped). Even if there is no breath test, I do not know if there is blood, or an EPAS breath at the station. If there are no chemical tests at all, then that is a...

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  9. I would like to hire a criminal defense attorney!

    Answered over 1 year ago.

    1. Nicholas Maurice Rosenberg
    2. Vijay Dinakar
    3. Neil James Fraser
    4. David Matthew Piper
    5. Bobby Shamuilian
    5 lawyer answers

    A Detective is permitted to tell you things that are not true in order to get you to make an admission. You need to consult with an experienced criminal defense attorney and hire one immediately to help you out before charges are filed. Exactly what happens next will depend on whether you have an attorney and whether you make a statement to the police. www.losangelesdefenders.com

    8 lawyers agreed with this answer

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  10. If they already gave him the prop 36 will he have to do time now?

    Answered over 1 year ago.

    1. Nicholas Maurice Rosenberg
    2. Richard Franklin Taub
    3. Harry Edward Hudson Jr
    4. Maltaise E Cini
    4 lawyer answers

    It will be up to the Judge as to whether or not he gets flash incarceration for getting a new drug case while doing Prop 36. Generally it is contemplated that drug offenders will relapse while in treatment and usually you get three chances before they terminate you, unless you get a nondrug case which can terminate the Prop 36. Consult with his attorney to review the facts and his options or consider hiring a private attorney to try and keep him out of custody and remaining in Prop 36. Good...

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