Individuals do not file statutory rape charges, that decision is left up to the DA. A paternity test showing the father's paternity and a little bit of basic math are evidence that your daughter committed a serious crime a little over two years ago. Regardless of his intentions, a minor cannot legally consent to sex in California pursuant to PC 261.5. This charge can be a felony or misdemeanor. As a misdemeanor, it would have to be filed within a year (which has passed). As a felony, it...
I took the liberty of changing the category of the question to Criminal Defense. I am a CA criminal defense attorney, but unfortunately cannot give you an answer to your question without more details. I don't even know what she's being charged with.
Who knows that she was trying to hit her fiance with the car? Unless she admitted this to police, it'll be tough to prove an intent to injure another.
Was she intoxicated? Were either of the children injured? Did the accident cause any...
If the burglary charge from Redding was a residential burglary, it is a strike and will add time to any future felony conviction. It's a little hard to say what's happening based on your description, but if he's worked out a plea deal to two misdemeanors, it's possible his sentence will be served in less than 30 days of actual jail time. Talk to an attorney over the phone or in person. Preferably with someone local as they'll better understand how overcrowding might be affecting sentences in...
The warrant will not simply expire. To avoid imposition of your suspended sentence, get an attorney to go into court with you and ask for a re-referral into the program. If there was a problem with the specific program, perhaps you can get referred to a different one, but either way, it's time to take care of this. The longer you wait, the worse it gets.
You can explain your situation to the judge and ask to have your community service converted into jail time. I can't vouch for the accuracy of my calculations here or guarantee that your sentence will be within the range I estimate, but I'll try to explain how they do it and give you a better understanding. They'll add time for your failure to appear, and calculate the sentence based roughly on $30 a day credit for the outstanding fine amount. For example, if you still owed about half of the...
The severity and the uniqueness of the crime are the main factors in determining whether there is a risk of the authorities finding your posts, connecting the dots, and using it against you. If you commit a murder in Palm Springs, it might be pretty easy to tie an Avvo post to the perpetrator. If you're talking about a DUI or Petty Theft in LA, there's just not going to be the type of investigation.
Dealing with white collar issues, keep in mind that the investigations are handled...
You will get your regular "unrestricted" license back when the suspension is over. Contact the DMV four months after the suspension started.
Nicholas M. Loncar, Esq.
t: 323.803.4352 | f: 323.617.3838
Sunset Law Building | 1295 W Sunset Blvd
Los Angeles, CA | 90027
It sounds like your fiance could be facing very serious charges. At this stage, it is certainly possible that a detective won't believe the story and it's the DA who then decides whether to bring charges based on the evidence.
Being innocent doesn't mean you don't need an attorney. Get someone on your side ASAP. The earlier an attorney gets started on this case, the better.
You would not need to be personally present for expungements/certificate of rehabilitation on these cases. While you're still in CA, it might be best to consult with an attorney to see what can be done about your convictions one by one. Based on the word "parole" in your answer, it sounds as if you did serve a prison term. This would make that case ineligible for 1203.4 dismissal (CA's version of expungement), but it also appears that enough time has passed to successfully obtain a...
Orange County's crime lab is a mess right now. They had some calibration issues with their blood testing machines and are in the process of re-testing months worth of blood samples. It has caused a backlog and probably some problems keeping track of all of the samples. I hope it works out to your benefit. Good luck!