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William Ha

William Ha’s Answers

7 total

  • Do u need a wittness for trial to be found guilty of text mexszges pc 422

    The 911 call wzs for vandili az m

    William’s Answer

    To be found guilty of any criminal matter in the state of California, the facts must be proven beyond a reasonable doubt. Because evidence is introduced by way of testimony of witnesses, and the standard must be met to prove a person did something, then the answer is yes. Witnesses are generally required at trial.

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  • California expungement law, Penal Code section 1203.4

    Hi, I am a prospective future law school student that has a high aspiration in becoming an attorney. However, I have 2 counts of DUI convictions in my record (convicted in 2005 & 2008) While I was 17 years and 20 years old. I have received some ad...

    William’s Answer

    Take care of the expungement if you are applicable. But note that you'll have 7-8 years between now and when you undergo your moral character review, just make sure you keep your record clean between now and then.

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  • Is it up to the DA to determine whether a Romero motion is an option or the judge?

    my husband is going to be sentenced 13 years for terroist threats and a gang enhancment charge. He has a prior strike on his record and 2 more will be added to his new case. He served his time and completed his parole for his past charges, is he e...

    William’s Answer

    By law, a judge has the discretion to strike prior felony conviction in furtherance of justice. When bringing a Romero motion under Penal Code 1385, the court must consider the evidence presented, but note that the defendant bears the burden of producing the evidence.

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  • I received a letter stating the penal code 490.5 of a petty theft incident, should I ignore till my first court date?

    this is my first offense and I don't know rather to get a lawyer. I was arrested and was kept in custody for three hours. I am 23 years old and I don't want this to stay on my record as a misdeamnor. I wish they would just drop the charges.

    William’s Answer

    You should get a lawyer, and if you cannot afford one, tell the judge at your arraignment you want a Public Defender.

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  • What are the key cite of a case please decribe.

    i need to no the steps to to key cite a legale case

    William’s Answer

    As stated, a key cite is a West publication notation on cases they publish which groups certain cases and sections into topics. For example, if you're interested in a topic such as search and seizure, you're directed to a particular key that would group the cases and the sections in which the discussion would appear in the opinion.

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  • Is a 487 a a strike in California when its a felony?

    it was a commercial property and there was no violence or anyone there, the items taken were outside of the building which we were told closed down over a year ago and the gates werent locked

    William’s Answer

    Based on your question, it is not a strike offense. A strike only comes from violent or serious felonies, kidnapping, arson, murder, and robbery for example. In those crimes, someone or something is usually seriously hurt or harmed.

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  • Being charged with commercial burglary

    I was at a store with my boyfriend & we were shopping seperate the entire time. I put items in my purse but never left the store with anything. My boyfriend paid for his items that he had. But were both being charged with commercial burglary, even...

    William’s Answer

    Consult an attorney, if you can't afford one, request a Public Defender in your county. The answers above are correct when it comes to having the required intent to steal - a very textbook situation.

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