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Lisa Henderson Mattern

Lisa Mattern’s Answers

73 total

  • Will I got to jail

    I recently finished my court classes and I had a bail at the beginning I moved and I have been trying to contact the bondsman because I am paying my court fines will this prevent my case from getting dropped I have not been contacted by the bai...

    Lisa’s Answer

    It's hard to answer your question without knowing more about the facts in your case. Did you enter into a plea agreement whereby you were to have the charges dropped if you complete classses? Did you agree to complete a diversion program? Did you have an attorney that represented you on the previous matter?

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  • What kind of attorney do I need to hire if nude photographs were taken of me.

    Photos were taken of me when I was incoherent or passed out. I never consented to being photographed. This happened after a night of drinking. Pictures were revealed after 10 yrs. I had no knowledge they existed. Please help. I need to kno...

    Lisa’s Answer

    This is not a criminal defense question. You may want to contact the District Attorney to see if charges can be filed (if you are interested in that). If you want to sue for damages (money), you should contact a civil attorney. That atttorney should be able to answer questions, including about applicable statutes of limitation. Many attorneys on Avvo offer free consultations. Give one of them a call. Good luck.

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  • Criminal defense atty promised vigorous representation; did a 180 at court. Has shown no belief whatsoever in defending client

    Atty promised vigorous representation: • Defendant(D) would not see inside of a jail cell • D would not have record • Atty would do everything possible to clear D. 180 in court: • Guilty plea inevitable • D would do 114 yr...

    Lisa’s Answer

    Attorneys should never make promises of a particular outcome in a case (for example, telling someone that they won't see the inside the of a jail cell, when they have an exposure in excess of 114 years). However, making a promise of "vigorous representation" is different-- that basically means that he promised to do use his best efforts and aggressively pursue every possible defense in your matter. From what you said, it seems that you don't think that's what happened here. There may be explanations for what happened (for example, maybe he may have told you that he would not represent you at trial because you did not retain him for trial. And speaking to law enforcement officers when you are suspected of a crime is almost always a bad idea.) But perhaps you should consider consulting counsel regarding your current options.

    If you have entered a plea, you may be able to do a plea withdrawal. This can be done at anytime prior to sentencing. However, if you have been sentenced, time is of the essence. I understand that it's your position that the plea was entered based on coercion, but this issue will be need to decided by the court. Plea withdrawals are not granted automatically and you should speak with an attorney immediately to see if your matter may qualify. The former attorney not pursuing "problems with victim statement," "issues w/how initial confession was obtained" and "D willingness to take lie detector" may or may not be sufficient grounds to withdraw the plea, based on the competency of counsel. The court will have to determine whether there is good cause, based on clear and convincing evidence.

    I imagine that your attorney would say that he has done his job and even if not, he is probably not the best person to do a plea withdrawal for you, since he represented you on the initial plea.
    The bottom line is, no one here can completely answer your question without an examination of all the evidence in your matter. Many of the attorneys on Avvo offer free consultations. Good luck.

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  • Under these circumstances.

    Out with some friends who slipped meth in my drink. Was asked to do an "On-demand drug test" by DCFS tomorrow. What can I do to B buy some time. Or should I explain what occurred to the DCFS worker?

    Lisa’s Answer

    This doesn't sound like a criminal defense matter. If you were asked to do an on-demand drug test by DCFS, it sounds as though you have a dependency matter pending. You should speak to your LADL (court appointed counsel) about what happened. If you are looking to retain counsel, you can call the local bar association, or contact some of the attorneys on this forum that practice family law, to see if they practice dependency. Don't discuss it with the social worker. Good luck!

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  • DCFS on-demand drug testing

    Explain these DCFS on-demand drug testing policies. I'm confused: -Pacific Toxicology is required to submit a No Show Report for every client who is enrolled in the Testing Program that does not submit to testing at a collection site on the d...

    Lisa’s Answer

    This is a question for your dependency lawyer, if you have one. The attorneys here in this forum practice criminal defense. I am aware of this policy, however I am unsure how your situation will be helped by an explanation.

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  • My arraignment is this Wednesday. I was arrested for concentrated cannabis and i have spoken with lawyers already

    Officer pulled me over saying I ran some red lights. Searched my car without my permission and found kief in car. I have valid medical card and he arrested me for felony possession. Several lawyers have told me to go to court and bring my medical ...

    Lisa’s Answer

    We really don't have enough facts from what you've given us to tell you how to get your matter dismissed. Possession of concentrated cannabis is not unlawful (under California state law) if it is authorized by the Compassionate Use Act. However, the amount of concentrated cannabis possessed must be reasonably related to the patient's current medical needs. Therefore, if you had a valid recommendation at the time of the arrest, you were legally allowed to possess concentrated cannabis, as long as it is was for your personal use.

    By the way, kief is not concentrated cannabis. Kief is the resin glands (trichomes) of cannabis that may be sifted from loose dry cannabis flowers with a mesh screen or sieve, or may simply accumulate in containers. This is why you need to hire a lawyer to go with you to court. I am unsure why those lawyers told you to represent yourself, unless it was because you could not afford their retainer.

    Contact some more attorneys that practice in the area where your matter will be heard and who are familiar with medical marijuana defense. Many on AVVO offer free consultations. If you can't afford to hire an attorney, the court may appoint the Public Defender to represent you (if you qualify). But unfortunately, no lawyer on AVVO can tell you how to get your case dismissed in this forum. I hope this helps. Good luck.

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  • Why would the Rancho superior court handle a San Bern. County/Fontana case?

    My son was arrested on October 6th with three charges they are "wobbly" charges. his court date was today in Rancho Superior. why would that be?

    Lisa’s Answer

    A "wobbler" is a charge that can be filed as either a misdemeanor or a felony. Sometimes, even if the charge is initially filed as a felony, it can be pled to as a misdemeanor. A felony can be reduced to a misdemeanor in a number of ways, including: through negotiated disposition with the District Attorney (where the charge is reduced pursuant to Penal Code section 17(b) either at the time of disposition, or at some point in the future), through a plea agreement with the court (the judge) or by way of a successful motion (pursuant to penal Code section 17(b) following preliminary hearing.

    As for the geographical location of your son's matter, as per the Superior Court of California, County of San Bernardino website, effective May 27, 2014, all Misdemeanor and Felony matters previously heard at the Fontana District will be filed and heard at the Rancho Cucamonga District. I had a matter that was originally in Fontana (in the end of May of 2014) that was transferred to Rancho after that date. Criminal (misdemeanor and felony) matters are no longer being heard in Fontana. Talk to his attorney for further information. Good luck to you and your son.

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  • What is it im suppose do what cps ask of me or what the judge ask of me.

    Cps ask me to go to rehab for drug use but fail to tell me if im to go inpation or outpatient and for how long. Do i wait for the judge to tell me? I want my son back how do i find out whats expected of me.

    Lisa’s Answer

    You should consult with your dependency lawyer regarding this matter. Although you may want to do your best to cooperate with the social worker, only your lawyer can tell you which type of program you need to complete, as per the court's order. The social worker might have incorrect information. Good luck.

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    Lisa’s Answer

    I'm not sure if I understand your question... Do you mean that you are going to trial and you have evidence that proves you are innocent? Have you discussed it with and provided it to your Public Defender? As your attorney, he (or she) is the one that will decide whether this is the proper strategy for your trial.

    You say that you need a specialist. If you are talking about an expert witness, you should talk to your Public Defender about it and why you feel this testimony should be introduced at trial. As your attorney, the Public Defender will decide whether they think this will be helpful at trial.

    I was a Public Defender for several years. The Public Defenders Office has many excellent, dedicated lawyers. They also have limited resources. They may not be able to retain a particular expert that you want to use at trial. If you retain private counsel however, you have the ability to obtain whichever expert you want, as long as your attorney agrees that it is advisable.

    I'm unsure what you mean by "the product." If you could provide more information, that might be helpful. Is this some type of real evidence? Who is in possession of this piece of evidence?

    Instead of questioning what your Public Defender's job duties are or what your rights are, you can retain private counsel. If you are unhappy with your Public Defender, you should consider consulting with a criminal defense attorney that practices in your area. Many offer free consultations. Good luck.

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  • Sue admitted to owning drugs that were being mailed to TX from CA. She feels she is safe bcuz there is no video of her.

    She drove a"friend" to the PO to mail off a package that contained Phencyclidine, (PCP). Sue stayed in her car. The person who actually went into the PO and was videotaped addressing the package and handing it to the postal worker was NOT charged...

    Lisa’s Answer

    Sue needs to retain counsel immediately. She made a statement. The DA will use it against her. Also, even if her "friend" doesn't want to testify, the DA will make sure that he appears in court.

    And although you mean well, you should be careful about discussing the facts of her matter online. Talk to an experienced attorney who practices in the area her case is filed in. Many of the attorneys on Avvo offer free consultations. Good luck.

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