Daniel R Perlman’s Answers

Never talk to the police. Not about sports. Not about the weather. Not about girls. No conversation. Politely explain that you have been advised by counsel not to talk to them and if they have PC to arrest, then hook me up. They do not care about putting people in jail - it is their come on... they probably majored in it at the academy...don't believe the hype!

Frys has pretty good security... If the value were under $50.00 on a first offense in California she would be offered a ticket with a fine... because the value is over $50.00 but not much, an attorney could probably argue with the prosecutor and get the reduction anyway. Either way, jail time is unlikely to be considered and so her immigration status probably won't come into play - certainly the criminal court does not care about this. If she is convicted of a misdemeanor, it will be...

You can probably ignore the letters- as a practice, we always send out a letter to these firms telling them to direct all future communication to our office in accordance with laws governing contacting represented parties. That's usually the last we hear from them. We have never had a client who had to pay.

I agree with my colleague- your warrant can and should be recalled before you fly, so find a lawyer for sure.

They may only successfully charge you with commercial burglary if there is evidence that you intended to steal before you entered the store. Feel free to call our office to discuss further. Daniel 310.557.1700

Perhaps yes, but then it would only mean more time, not less. Toy guns create the same apprehension of fear as real guns and therefore are generally treated the same for purposes of robbery charges. Whether real harm could have been caused is less significant or insignificant depending on the specific jurisdiction. Another part of the reason it is treated as a serious felony is that other people including law enforcement may react as though they are real weapons, bringing their own weapons...

California Health and Safety Code 11390-11392 cover mushrooms of hallucinogenic quality. Possession, transportation, sales, furnishing and other like crimes may prosecuted as either a misdemeanor or a felony, and depending on the exact charges may result in eligibility to participate in a diversion program. A successfully completed diversion would result in a dismissal of the case. If the allegations involve non-diversion eligible transgressions, then the consequences can be far greater....

I'm sure there are different schools of thought, but the bottom line is that you will not hurt yourself by sharing, because a. they will likely find it anyway; and b. you were arrested but not prosecuted. Alternatively, if you do not report it, and they find out about it, your fitness to be licensed will be in question because you failed to be completely honest with them. I am assuming that the application asks not simply whether you've been found guilty of a crime, but whether you've been...

The short answer is "when your probation is terminated." This is usually after three years from your conviction date. However, some bench officers will take into consideration whether continued probation is either keeping you from getting a job, getting advanced in a job, or may cause you to lose your job. It must be well articulated to make a difference, but sometimes probation may be terminated a year or more early.

Obviously you are taking this very seriously - and getting consultations on this from private counsel is a great idea. Our office would be happy to offer you a free consult and I can recommend someone closer to you who works in the OC courts every day. Mark Gallagher at 714-757-1119 Good luck! Daniel Perlman www.danielperlmanlaw.com 310-557-1700 Twitter: @dpdefense