Devin Alan Weisberg’s Answers

Devin Alan Weisberg

Los Angeles Criminal Defense Attorney.

Contributor Level 8
  1. Domestic Violence

    Answered almost 2 years ago.

    1. John Benjamin Chason
    2. Harry Edward Hudson Jr
    3. Thomas Anthony Schaeffer
    4. Devin Alan Weisberg
    5. Stephen Ross Cohen
    5 lawyer answers

    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,...

    2 lawyers agreed with this answer

    2 people marked this answer as helpful

  2. Just got my First Offense DUI, my BAC was .13, in Southern California - i need answers!

    Answered almost 2 years ago.

    1. Michael Korry Bialys
    2. Peter Francis Iocona
    3. David Taylor Kaye
    4. Rixon Charles Rafter III
    5. Devin Alan Weisberg
    5 lawyer answers

    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...

    2 lawyers agreed with this answer

  3. Will my friend go back to jail after breaking into some cars, he has a court date coming in the mail

    Answered almost 2 years ago.

    1. William Carlos Makler
    2. Devin Alan Weisberg
    3. Tai Christopher Bogan
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. My ex is ignoring custody court orders. What should I do?

    Answered 8 months ago.

    1. Devin Alan Weisberg
    2. Edna Carroll Straus
    2 lawyer answers

    Child custody and visitation awards are subject to modification for as long as the child is a minor. There are two levels of proof that a judge can base his decision on depending on whether the current orders you have are "temporary orders" or part of a "final judgment". If your orders are part of a "final judgment" then a judge must base his decision on whether there has been a "substantial change of circumstances." Only if you can show the Judge that there has been a substantial change of...

    1 lawyer agreed with this answer

  5. What is the possibility of having a jury trial for a first offense of petty theft? Thanks!

    Answered almost 2 years ago.

    1. Gayle Anne-Marie Gutekunst
    2. Paul Henry Neuharth Jr
    3. Andrew Michael Limberg
    4. David Philip Shapiro
    5. Negin Yamini
    6. ···
    6 lawyer answers

    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...

    1 lawyer agreed with this answer

  6. What does calcrim Nos. 416-420 mean.

    Answered over 3 years ago.

    1. Devin Alan Weisberg
    2. Brian Andrew Bezonsky
    2 lawyer answers

    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....

    1 person marked this answer as helpful

  7. My ex-spouse refuses to work. For 9 years, I have paid child support for our two kids. How does the court determine amount

    Answered 8 months ago.

    1. Trevor L Hensley
    2. Michael Edward Finein
    3. Devin Alan Weisberg
    3 lawyer answers

    The short answer is yes. The Judge may use imputed income as a basis for calculating guideline child support. The fact that she is a licensed Dental Hygienist will make for a strong argument that she has the ability to become gainfully employed. Absent any other factors, such as the child's need for constant supervision due to health issues etc, a Judge may be inclined to use her "earning capacity" as her income figure. In order to achieve the maximum result in this type of case, you will need...

  8. The amount of rent stated as owed on my 3-day notice and Unlawful Detainer is incorrect - demurrer or quash?

    Answered almost 2 years ago.

    1. Frank Wei-Hong Chen
    2. Devin Alan Weisberg
    2 lawyer answers

    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...

  9. Can my sister babys father get full custody if he has a felony and on probation but he is also getting cash aid for the baby?

    Answered about 3 years ago.

    1. Devin Alan Weisberg
    1 lawyer answer

    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...

  10. I was supposed to serve my ex and the courts with the findings and order after hearing within "the period prescribed by the

    Answered over 3 years ago.

    1. Sandy Lynne Meade
    2. Devin Alan Weisberg
    2 lawyer answers

    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...

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