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Trisha Ellen Newman

Trisha Newman’s Answers

138 total


  • Can a person appeal the courts ruling refusing to strike a prior within the meaning of section 1385

    Before sentencing the defendant file a romero motion to strike a strike. so during the defendants sentencing the judge didnt even know a motion was file so when brought to his attention he said he don't have to state his reason for denying defenda...

    Trisha’s Answer

    Yes you can appeal it. A notice of appeal must be filed 60 days from the judgment and sentencing. However, the likelihood of winning the issue are small. It sounds like the court made a proper record of its reasons which the court of appeal is unlikely to disturb on appeal based on the abuse of discretion standard my colleague has already mentioned.

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  • What's the most time you can get for a petty theft misdemeanor and its your first charge? And your a minor

    I went to steal from the place more then once. But that's it's my first time being caught. If I tell the judge it was a mistake and I'm sorry will she/he just give me community service or will I go to juvy?

    Trisha’s Answer

    If you are charged with only petty theft then yes, I agree with my colleagues. My experience however is that they always charge 2nd degree burglary on juveniles to get more potential custody time to hold over your head. Make sure you are talking to your attorney so you are clear on your offer and charge.

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  • Two arraignments?

    After the first arraignment and several hearings, why would there be another arraignment scheduled?

    Trisha’s Answer

    I agree with my colleague. There is also a situation where the DA dismisses the case for a variety of legal reasons and then refiles it, so there ends up being another arraignment for the same charges to start the statutory time again.

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  • Is there a statue of limitation for armed robbery in california, if you leave the state?

    Suspect committed Armed robbery with a bb gun and left the state of California is there a statue of limitation or can he be prosecuted anywhere else?no one was hurt during the robbery what kind of charges is he facing. Is it federal.

    Trisha’s Answer

    2 issues: 1. Statute of limitations and 2. speedy trial rights.

    1. Statute of limitations on robbery is 3 years for filing. The DA decides during that period whether to proceed with charges. This can happen regardless of whether the person is in or out of the state. If it's filed and the person cannot be found, it will become a warrant. It could matter if someone runs for warrants in another state and they still face arrest and extradition to take care of the warrant here.

    2. speedy trial: depending on how long it takes to find the person, there are constitutional issues which may affect the prosecution after it is filed. It is a complex area that depends on the facts of the case, delay of prosecution and if prejudice occurred based on the delay.

    Short answer: leaving the state does not matter. If a DA is going to file it, they will. Robbery is a strike regardless of whether no one was hurt.

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  • Could I go to prison or jail for embezzling?

    I live in california an i was really stupid an decided to take money from my work. ( which i really regret an wish i never did.) I took money from my store an it was 390 $ is there anyway I could just pay back in restitution insted of doing time? ...

    Trisha’s Answer

    HR cannot send you to jail. They can turn over that paperwork to a DA and then the DA will decide if they want to file charges and then yes there is the possibility of jailtime. Some companies don't want to deal with that though and just will settle for the money paid back. If charges get filed, you will need to talk to an attorney and I'd attempt to work out the civil compromise which just involves paying it back. It is up to your employer though if they decide to report it.

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  • Can DMV issue you a drivers license and not tell you later it's invalid?

    That is totally unfair and could get innocent people into trouble. If they issue you a drivers license, they are saying everything is OK. But if something goes wrong, I feel it's there responsibly to inform you of any changes.

    Trisha’s Answer

    They normally will notify someone of suspension so long as the address is up to date on the license itself. The responsibility to file for change of address is on the person so they can communicate the information to you.

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  • Lied to help my mom get restraining order against my fiancee 3 years later the court is going to send him to jail for up to 6 mo

    lied to help my mom get restraining order against my fiancee 3 years later the court is going to send him to jail for up to 6 months due to unpaid fees and fines and missing an appointment with his PO, if i hadnt help get the restraining order he ...

    Trisha’s Answer

    You can hire an attorney to file a habeas petition on his behalf for new evidence that you lied and you can submit a declaration you lied. You would then be opening yourself up to criminal penalties for perjury. The habeas petition would also likely be unresolved until he was out unless the court was willing to put a stay on the incarceration until it was heard.

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  • No exhibits included in clerk transcript, is there any way to refer to exhibit in opening brief?

    I see that rule 8.224 allow adding exhibit after all briefs filed.Does it mean I can refer to those exhibits now in opening brief now and ask for superior court to send it to appeal court later? R ule 8.224. Transmitting exhibits ...

    Trisha’s Answer

    Yes. Whatever exhibits were entered in evidence are considered part of the record on appeal and can be referred to in your AOB. Depending on your jurisdiction, the clerks may order the exhibits for you but you should file for the transfer of exhibits to whichever court you are appealing in to make sure they get there once the RB is filed.

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  • Two years after getting pulled over for a 4th DUI, can you file Doggett and Serna motions for dismissal since it's not pursued?

    With no address change, no hiding, and simply being a productive citizen, can you get the case dismissed? Even being released from jail a couple days after being taken in due to Past Time To File charges in the case?

    Trisha’s Answer

    You can file a motion but you will have to be able to demonstrate prejudice for the failure to pursue filing sooner. You are not beyond the statute of limitations yet on a felony filing.

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  • Any resourse after plea agreement? Asked attorney to present mental history for alternative sentencing. Found out never did.

    18 under care last 6 years. Psychiatrist and therapist recommended against incarceration due to concern about impact and deterioration of mental health. Wasn't aware that she never did present info to DA nor was made aware of Mental Health court ...

    Trisha’s Answer

    Depends on the seriousness of the offense. Some offenses, the only mental health they care about is the kind which would make you incompetent to stand trial. So if there were mandatory minimums or your particular DA didn't care, then it may not have. It is best to have more specifics which can really only happen directly with your attorney. If something was not on the up and up and it was available, you can ask your attorney to withdraw your plea but you may lose the benefit of whatever bargain you already had and face harsher consequences depending on your specific case. You really should discuss your case with your attorney who did the plea and why the mental health history would not help.

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