Tracy Green’s Answers

Tracy Green

Los Angeles Litigation Lawyer.

Contributor Level 9
  1. Petty theft misdemeanor charge will be reduced to petty theft infraction or misdemeanor trespassing. Which one will be better.

    Answered 11 months ago.

    1. Anthony Michael Solis
    2. Michael Hugh Carlin
    3. Alexander Joseph Segal
    4. Wendy Rebecca Barlow
    5. Alexus Paul Sham
    6. ···
    9 lawyer answers

    Remember that for licensing, they will look at original charge and police report. Infraction is best and if it's one for disturbing the peace/trespass -- that is better than theft. It also depends on how the case was resolved. Are you to plead to the misdemeanor and have it reduced to an infraction later? Best if you can get all the requirements and get a straight infraction plea. Petty theft infraction is not a criminal offense and there is no probation. Some licensing applications ask for...

    8 lawyers agreed with this answer

  2. Criminal case defendant is in Pro Per. Can he have another attorney make a Special Appearance for him when he can't be in court.

    Answered 10 months ago.

    1. Sean Patrick Lewis
    2. William Carlos Makler
    3. Robert Laurens Driessen
    4. Tracy Green
    5. Michael James Kennedy
    6. ···
    8 lawyer answers

    One of the issues will be whether the charges are misdemeanors or felonies for which the other attorney will cover. If it is a felony, then your brother would need to appear as the defendant unless he has obtained a waiver of his appearance. But assuming that they are misdemeanor charges, the other attorney could appear on your brother's behalf under Penal Code 977 but it would also depend on what type of hearing is being held in the case. Your brother should also be able to let the court know...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. If my criminal offense outcome was dismissed, Can I get the offense sealed or expunged? Or is it not necessary?

    Answered about 1 year ago.

    1. Christine C McCall
    2. Richard Franklin Taub
    3. Tracy Green
    4. Jordan S Cunningham
    5. Stephen Scott Pearcy
    6. ···
    6 lawyer answers

    The California Nursing Board is very strict in requiring reporting of all types of deferred prosecutions which it sounds like this was but you need the records to answer this definitively. You need the docket to determine if you plead guilty with sentence deferred and then came back after completing theft class and paying the fine. Even if you get it sealed or expunged you may still have to report it since the reporting depends on the nature of the plea arrangement. Deferred judgments are often...

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  4. Is an insurance agent allowed to rebate a portion of the agent's commission to the agent's client?

    Answered 7 days ago.

    1. Tracy Green
    2. Michael Raymond Daymude
    3. Inna Fershteyn
    3 lawyer answers

    In California, the laws vary depending upon the type of insurance. It is not allowed for healthcare insurance, title insurance, mortgage insurance, for example and other categories. There are commission splits with agents and there are some ways that rebates can be structured with clients but it is done in a manner to comply with existing laws. After Prop 103, rebates to clients became allowed in California under certain circumstances but many companies do not allow it. So agents must tread...

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  5. How can I get approved to have my granddaughter placed in my home with a criminal record.

    Answered about 1 year ago.

    1. Tracy Green
    2. Oscar Ernesto Toscano
    2 lawyer answers

    The Department of Social Services is prohibited by law from granting exemptions to individuals convicted of certain crimes. This is usually for community care licensing. Here is a list of non-exemptable crimes. http://www.ccld.ca.gov/res/pdf/non_exempt.pdf Elderly abuse is one of them unfortunately. With other offenses if they are old they are exemptable. I would speak to the social workers and the attorney for your granddaughter to see if these same rules apply to placement in your home...

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  6. How I can prosecute fraud and theft embezzlement in California when a lot of $$$ in stake ?

    Answered about 1 year ago.

    1. Athina Karamanlis Powers
    2. Andrew Stuart Cowan
    3. Tracy Green
    4. Michael Anthony Hernandez
    4 lawyer answers

    The Uniforn Commercial Code covers the shipping and return of merchandise. The police may view this as a civil case unless there is fraud in the inducement. Was there fraud to get you to ship? Were there fraudulent representations? It would not normally be classified as embezzlement in this type of case that you describe. Wouldn't there be a shipping invoice or some documentation regarding the terms of inspection and return? The other attorney's warning about being careful of threatening...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Do I have to disclose my sealed juvenile record for state licensing?

    Answered about 1 year ago.

    1. Christine C McCall
    2. Scotty J Storey
    3. Tracy Green
    4. Sonia Pascher
    4 lawyer answers

    I agree with Christine with one additional notation based on a recent case. Recently, we had a client disclose a juvenile sealed adjudication to the California Medical Board in an abundance of caution, and we were asked to resubmit our package and delete the reference to the sealed juvenile adjudication because it would violate California law for the licensing board to consider the sealed juvenile matter. We then resubmitted our package without reference to the sealed juvenile adjucation. The...

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  8. Hi, I recently just signed a plea bargain for 37 months in federal court. What are my chances of getting leniency sentencing?

    Answered 11 months ago.

    1. Greg Thomas Hill
    2. Anthony Michael Solis
    3. Stephen F Wallace
    4. Tracy Green
    5. Raymond George Wigell
    5 lawyer answers

    It sounds like you are making great progress. Make sure you produce the records and information relating to your addiction to the probation officer for sentencing and get your lawyer to seek the RDAP program which can cut time from your sentence. See what else you can do for extra acceptance of responsibility. Work with an attorney for sentencing. Federal sentencing is a bench trial and the letters and reports can be very useful but they need to be written in the right way. If you have a...

    3 lawyers agreed with this answer

  9. I am being harassed by the insurance company through the district attorneys office with two felony charges for fraud, why ???,

    Answered 12 months ago.

    1. Maria Cavalluzzi
    2. Sharon Paris Babakhan
    3. Sagar P. Parikh
    4. Andrew Stephen Roberts
    5. Tracy Green
    5 lawyer answers

    Your first priority should be defending your criminal case. Win that first and then you can work on a civil lawsuit (if that's a possibility). Keep focused and good luck.

    3 lawyers agreed with this answer

  10. What is 182(a)(5)?

    Answered about 1 year ago.

    1. Tracy Green
    2. Oscar Ernesto Toscano
    2 lawyer answers

    Yes, this is the state obstruction of justice. This is conspiracy to "pervert or obstruct justice, or the due administration of the laws."

    3 lawyers agreed with this answer

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