Victoria L Clemans's Answers

Adjudication withheld?

I don't know about Jacksonville, but here in California, yes, you have been convicted of a misdemeanor if you plead no contest to the charge and completed probation. The good news is, in most states they have what's called "expungement" done through a 17 (b) motion, which is a motion to expunge a criminal record. The bad news is, with crimes involving dishonesty, it still shows up on the record because crimes of moral turpitude are notorious for being inherently priorable and the expungement...

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Bail money

Usually at the end of a case, the attorney can ask the judge to exonerate the bond, however, if the People announce that they are going to re-file on another charge following a Motion to Dismiss pursuant to 1385, the court can order that the bond be held for two weeks pending the filing of a new charge.

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My ex husband is trying to buy the house behind where I live, I have a restraining order that states he is to stay 100 yards

It depends on how the restraining order after hearing was drafted. If it says "keep 100 yards away from you or your home address" then he is in violation. Oftentimes a court will understand that husband and wife will share property or access to child visitation so the court will curtail the order after hearing to specify it so that he doesn't violate the order by being on his own property i.e. his house in this case. It would be ideal if the court put language in the order after hearing...

In a domestic violence jury trial, is a 911 tape of a witness hearing screams admissible as evidence?

Believe it or not, 911 tapes can be admissible in domestic violence trials. I once did a 5 day jury trial where all the prosecution had was the 911 tape. Fortunately, it worked out for my client. You would be surprised how many judges let the tape in even though technically it is what is considered "hearsay", an out of court statement offered for the truth of the matter asserted therein. Hearsay carries many exceptions and a scream may 1) not be a statement (which means it comes into evidence)...

Can I get violated for my domestic violence probation if I can't afford the classes?

In California, if you are convicted of Domestic Violence i.e. a 273.5 (corporal injury) or a 243(e)(1) (Domestic violence upon a spouse) it is mandatory that you complete 52 court approved domestic violence classes, as it by statute. If you do not complete them or get an extension, the court can convert the classes to one year in the County jail. I would try to find an organization that uses a sliding scale to get the cost reduced from $26 per class to $10 per class, or obtain a waiver of DVC...

Husband running my life

This isn't really a legal question because there is no case pending. However, it sounds like you are in an abusive relationship with an alcoholic. You need a support group. I would look up a local Al-Anon meeting or co-dependants annoynmous meeting and attend at least one per week. You need to get your self-esteem back because he has slowly ebbed away at you and your life and he has isolated you from your loved ones, which is a hallmark sign that he may be a batterer since he has done the...

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Ticket from "rent a cop"

In California, I often represent clients with tickets from "rent-a-cops", i.e. cops from local community colleges and so forth. If they didn't have the authority to issue you a ticket, they wouldn't have cited you. I would look into the court from where the ticket has ordered you to appear and post bond or just put it on calendar for arraignment. The expired tag is most likely a "fix-it" ticket and shouldn't cost you more than a $10 fine if you fix it. The speeding part is so nominal (7...

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Collecting insurance money after an accident

I assume that since you collected on part of your loss that your neighbor's son had some insurance, the problem is, not enough. Therefore, you should file a claim with your own insurance company for under-insured motorist. What that means is they pay you for pain and suffering and all of the other incidentals and out of pocket expenses such as car rental, etc. and then they go after the defendant through what's known as a subrogation claim. In other words, let your insurance deal with it!...

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Collecting insurance money after an accident

I assume that since you collected on part of your loss that your neighbor's son had some insurance, the problem is, not enough. Therefore, you should file a claim with your own insurance company for under-insured motorist. What that means is they pay you for pain and suffering and all of the other incidentals and out of pocket expenses such as car rental, etc. and then they go after the defendant through what's known as a subrogation claim. In other words, let your insurance deal with it!...

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License suspension

In California, the DMV will issue you a temporary driver's license for thirty days. Once that expires, your driver's license will be suspended for a first time DUI for one month. You should not drive at all during that one month period or you will be catch another case for driving on a suspended license. After the one month suspension, you can apply for the restricted license to and from work and to and from the alcohol program.

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