Los Angeles Criminal Defense Attorney.
Domestic Violence is defined very broadly in the law and does include many, if not all, of the events you described. In the Family Law context, domestic violence is usually dealt with by way of a Request for Restraining Orders. A family law judge will only hear argument regarding matters that have been properly submitted in writing and in proper form. If you attempt to bring up your domestic violence incidents during an unrelated hearing, a judge will likely not listen to you. Also,...
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THE FOLLOWING ADVICE IS FOR A FIRST TIME DUI OFFENSE The Penalty you face depends largely on which court your case is out of. Some jurisdictions are notorious for being much tougher (often needlessly) on DUIs than other cases. For instance, the DA in one county will insist on a 6 month DUI program while a DA in another county may be satisfied with a 3 month program. The penalties describe by other lawyers who have responded are generally correct. If you were to take the case to trial and...
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When a judge sentences you to formal probation, you are required to report to a probation officer at regular intervals (typically, once a month). When probation is ordered, you are required to agree to the terms of probation which include, among other things, 1) obey all laws; and 2) report any new criminal charges. Failure to comply with either of these conditions can result in a violation of probation. If you violate probation, you will be arrested and detained while you wait for a "probation...
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THIS RESPONSE IS FOR A FIRST OFFENSE PETTY THEFT CASE. A petty theft charge is oftentimes filed as a misdemeanor. However, there are some situations that will result in the offense being charged as an infraction. An infraction can best be described as a "parking ticket" type of charge. In other words, it does not create a "criminal record" and usually results in a small fine of under $200. The factors that could result in the charge being reduced to an infraction are many and can best be...
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You may consider doing neither of those. Instead, you may proceed to trial on your case after filing an answer. At trial, you can present evidence that the three-day notice is terminally defective. In the State of California, a three day notice is terminally defective if it includes amounts other than the rent owed or if the rent demanded is overstated. In this example, the three day notice includes late fees. Therefore, a good argument can be made that it is terminally defective. Make an oral...
When determining child custody, a family court judge will have to first determine what is in the best interest of the child. Looking at your issue from this perspective, the main questions that must be addressed are 1) What type of felony conviction does the father have and how recent is it? 2) Is the mother able to provide an environment that is safer and more stable for the child? and 3) Which parent is more likely to ensure that the other parent has frequent and consistent contact with the...
The fact of the matter is that there is a minute order out there that reflects the judge's decision in your case. That minute order needs to be reduced to a written order signed by a judge that you can turn around and enforce. Despite the fact that you did not submit a Findings and Order After Hearing within the proscribed time, you may still submit that proposed order at any time and the judge will have to sign it if it conforms with the actual findings and there is no objection from the...
I think you are asking whether or not prosecutors can charge someone with a crime for taking the witness stand and committing perjury. If I am correct, then the answer is yes. Perjury is a crime and you can be charged with perjury if you commit that crime. However, perjury is not always easy to prove and unless there is substantial evidence showing that the person who testified lied under oath, the prosecutor's office is not likely to pursue it. With regard to your question about CALCRIM No....
If by domestic violence case you are talking about a CLETS DV temporary restraining order filed in the family law courts, then you should be able to file a new request for temporary restraining order. There is no need to "reopen" your previous case. If he is committing other acts of domestic violence, such as telling you he will kill you if you lie in court, then you have new grounds to ask for a new order. If by "domestic violence case" you are talking about a criminal case that involved...
First, extortion is a crime. California Penal Code 518 punishes you for extortion when you obtain property (or an official act) from another through force or fear. "Fear" (as it applies to blackmail), refers to one of four types of threats: 1.a threat to injure a person or property, 2.a threat to accuse the targeted individual (or any of his/her relatives) of a crime, 3.a threat to connect the targeted individual (or any of his/her relatives) with a disgrace, deformity, or crime, or 4.a...
