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Lisa Henderson Mattern
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Lisa Mattern’s Answers

96 total


  • Trying to find someone to drop of court papers in drop box at ventura county court house today

    Any one who can take my papers to the ventura county court house by 430 today? Maybe I can scan and email them to someone to print out and take them? What would that cost?

    Lisa’s Answer

    Attorneys usually only file documents for their own clients. What you need is an attorney service. They can file documents for you at the courthouse and give you a conformed copy for your records.

    Documents to be filed with the court should be originals. Therefore, it would be impossible for anyone to take a scanned copy and file it for you in the court. Good luck.

    ***CRIMINAL DEFENSE ATTORNEY***20 YEARS EXPERIENCE***

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  • Im on a varges waiver and was late to court on day of surrender

    Charge sales sentenced 16 split sentence

    Lisa’s Answer

    Without going into too much detail, a Cruz waiver is an agreement between the court and defendant whereby the defendant agrees to be released in his OR (own recognizance), subject to certain conditions. A Vargas waiver specifies the terms of the conditional sentence. The defendant is sentenced and the execution of the original sentence is stayed. If the defendant complies with certain conditions, the court agrees to re-sentence the defendant to a modified sentence under different, previously agreed upon terms (should be less time than the original sentence). Many attorneys just use the term "Cruz waiver" to encompass the circumstances surrounding the plea that allows the OR release until sentencing.

    You were late to court and the judge sentenced in accordance with the Cruz-Vargas waiver. OK. Sounds as if this may have already happened. So what is your question?

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  • Is there anyone that would do Pro Bono in a criminal case..

    Is there anyone that would help me out in my case..I'm very desperate..If anyone would give me 15 minutes of your time and listen to the facts in my case,you would understand. There are so many legal errors in this matter,don't even know how it go...

    Lisa’s Answer

    The Public Defender is available for people who qualify. The services of the Public Defender are not free, however. You will have to reimburse the county.

    Attorneys usually charge for work, especially if they will have to travel. That's why this forum is so valuable: it gives us a chance to give advice to people all over the state. If you are able to provide more facts, maybe we can help you.

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  • How can a person formally & legally tell a Judge if they think a City Attorney or a Public Defender is failing to do their job?

    One City Attorney is pretending to submit Criminal Protection Order violations provided by the victims over 2 years, but actually never has. Just ignores the victims. One Public Defender has waited 8 months to file a motion they promised to file....

    Lisa’s Answer

    I'm unsure from the question who the "person" is. If you are the client, talk to your Public Defender to find out why the motion hasn't been filed yet. There may be a reason. As counsel, the Public Defender chooses the strategy. If you are not the client, the Public Defender is not obligated to speak with you and may decline to do so.

    The Public Defender may think the person is rude and may want to be taken off the case. Unfortunately for the Public Defender, he cannot simply be taken off the case de these reasons. If this were true, their case loads would be much lighter. Mr. Finnecy discussed (briefly) making a Marsden motion. If what you said about the Public Defender wanting to be taken off the case is true, he will be delighted that you suggested it. But, as Mr. Finnacy said, they are rarely granted.

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  • How to find out if your attorney showed every bit of the evidence to DA

    I have a case pending against me and I want to find out if my attorney showed all the evidence to DA because it was pretty clear cut case and I have a lot of evidence that show that i am innocent but still my case is going to trail so my questi...

    Lisa’s Answer

    The only way to find out if your attorney showed "all the evidence to DA" is to ask him. He doesn't have any reason to lie to you about what he is doing to defend you. He has an obligation to be truthful with you.

    He is in charge of strategy and you are in charge of goals. You seem to want your case dismissed and it seems that his strategy to help you achieve your goal right now involves trial. You may see it as a clear cut case, but that doesn't mean that the DA agrees with you.

    You should have checked out the attorney's record before you hired him. And as strange as it may sound, the fact that he may have had a complaint in the past doesn't necessarily mean that he is not handing your case properly. You seem to be saying that you don't like the way he's defending you. Maybe you should hire another lawyer. But you should understand that you are never going to be able to tell the attorney how to defend the case. That falls under "strategy."

    You cannot speak with the DA. That is always a very bad idea. They will not talk to you. Theoretically, you might say something that might undermine the strategy that your attorney is employing. Perhaps the attorney plans to use the evidence for impeachment. It is impossible for any of us to say, because we are not privileged to know all the information about your case and we have not reviewed all the discovery, as (presumably) your attorney has.

    Speak with your attorney about your concerns. If you decide to hire a new lawyer, check out some of the attorneys on Avvo that work in your area. Good luck.

    ***LOS ANGELES CRIMINAL DEFENSE ATTORNEY***20 YEARS OF CRIMINAL DEFENSE EXPERIENCE***

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  • My son has just been released from jail and got informal probation for burglary and vandalism...can he smoke weed for anxiety?

    He believes he can because of the charges...but I am worried he has 3 yrs informal probation? That's a long time for a first timer...so I just worry hes going to screw it up?

    Lisa’s Answer

    Your son is on summary probation, so he is expected to violate no law. You said that he smokes "weed" for anxiety. If he is not a medical marijuana patient, he should not be ingesting marijuana, because doing so violates his terms of probation. If he is a patient, then he can go to court to see if he will be allowed to use his medicine.

    By the way, patients do not (or should not) call their medicine "weed." He should refrain from using anything until the court has permitted him to use his medicine. You should expect that there will be a hearing. Contact a criminal lawyer in your area who is familiar with these types of proceedings. Good luck.

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  • Question about hair follicle test ordered by the court

    if ordered that both parents be tested by the court and one of either parties do not show up for court dose the courts still require testing on the party that did show up for custody issue

    Lisa’s Answer

    This is the criminal defense forum. The question that you're asking is a dependency question. I will try to see if I can reclassify your question, so that you can get help from attorneys who have advice regarding your problem. Good luck.

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  • Will I be arrested if I was involved in a situation where I was accused of being a aconplis, but only if the victim says I was?

    My boyfriend is stealing money from his mothers bank account. He stole from her once, & she found out only because the bank sent her statements through the mail & I also ended up snitching on my bf because what he was doing was not right. She ende...

    Lisa’s Answer

    First, stop posting this kind of information on the Internet. What you have posted could be harmful to both of you. Second, if you end up being charged with a crime, you will need to consult with a lawyer about how to properly prepare your defense.

    Finally, stop worrying about your relationship with your boyfriend. Protect yourself. Besides, any man that would steal from his own mother is probably not worth dating, IMHO. Good luck.

    *****CRIMINAL DEFENSE ATTORNEY***20 YEARS EXPERIENCE*****

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  • Can another California Welfare & Institutions Code section 366.26 hearing be held when an earlier .26 has already been decided?

    Jurisdiction under W&IC 300(a)(b); reunification ordered, then bypassed under W&IC 361.5(b). The trial court has already held a California Welfare & Institutions Code section 366.26 hearing one year prior, where it...

    Lisa’s Answer

    This is the criminal defense forum. The question that you're asking is a dependency question. I will try to see if I can reclassify your question, so that you can get help from attorneys who have advice regarding your problem. Good luck.

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  • I live in New York, can I take online DUI class for First Offender Program?

    I plead no contest to Wet Reckless, and was ordered by Santa Clara County Superior Court to take 3-month First Offender Program with an annotation that "may do in New York". I don't have California driver's license and am not California r...

    Lisa’s Answer

    I agree with Mr. Kaman. The annotation seems to allow you to do the class in NY. This is probably not a problem if you live in NY and are not a CA resident. Many counties here accept the Tom Wilson courses.

    However, the California DMV does not recognize any online DUI schools. Confirm with the lawyer that represented you on your case. Hope that this helps. Good luck.

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