Margaret Forbes Mendoza’s Answers

Margaret Forbes Mendoza

Los Angeles Criminal Defense Attorney.

Contributor Level 9
  1. Impaired driving

    Answered 11 months ago.

    1. Anthony Janji
    2. Andrew Stephen Roberts
    3. Margaret Forbes Mendoza
    4. Michael Kevin Cernyar
    5. Alexi Ozols
    6. ···
    10 lawyer answers

    Checkpoint cases are challenging for the prosecution because there is no actual driving observed "consistent" with impairment. They will focus on all of the field sobriety tests, the results of which will be attacked by defense expert. Is this a case where you refused to provide a blood/breath test after arrest? If a blood test was taken and it is .08 or above, then the prosecutor will add that charge to the complaint. You should speak to an attorney as there are several ways to attack...

    8 lawyers agreed with this answer

  2. I'm 20 and got charged with dui, what is the chance of me keeping my liscence, with the help of an attorney of course

    Answered 10 months ago.

    1. Sarkis Jacob Babachanian
    2. Peter John Marek
    3. Robert Laurens Driessen
    4. Margaret Forbes Mendoza
    5. Anthony Janji
    6. ···
    8 lawyer answers

    Please do not assume that your only option is to plead guilty. The District Attorney has the burden of proving you guilty of the charge. They need all of the pieces of the puzzle, and if one piece is missing or defective, then they may not be able to prove their case. An attorney will review the facts in detail with you and then, upon receiving the reports, scrutinize each detail written in the report. Any questions asked before arrest are deemed investigatory and if no questions are...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Can I have my dui reduced if my bac was low?

    Answered 12 months ago.

    1. Michael Jon Fremont
    2. Denis Hurley White Jr
    3. Hudson Thomas Bair
    4. Troy Slaten
    5. Matthew Murillo
    6. ···
    10 lawyer answers

    Since you are under 21 years of age, the limit is .01 or higher (zero tolerance), not .08. That being said, as noted in the previous answers, there are alternatives to a misdemeanor DUI and there could be issues regarding the initial stop of your vehicle and your arrest. Many of us offer consultations...also remember that you only have 10 days (from the arrest/when you received your temporary license) to request an "administrative per se" hearing with the DMV, which is separate from the...

    7 lawyers agreed with this answer

  4. Accused of 664 / 459 burglery , subject was too drunk and was walking home and passed out next to a car. arrestd

    Answered 10 months ago.

    1. Cambria L Lisonbee
    2. Joseph Briscoe Dane
    3. Andrew Stephen Roberts
    4. Brian Russell Michaels
    5. Jeremy C Wen
    6. ···
    6 lawyer answers

    Absolutely an attorney should be present for the arraignment. Although released OR, the issue of bail could be raised at the arraignment, so it is best to have an attorney present to argue on your behalf. An attorney will be able to contact the DA's office and inquire as to the filing prior to the court date. Charges can be filed up to an on the date of the arraignment. If you are unable to hire private counsel, a public defender will be available for you in court at the arraignment.

    6 lawyers agreed with this answer

  5. What happens when the "victim" in a misdemeanor DV charge never appears in court. CA

    Answered 10 months ago.

    1. Brian K Wanerman
    2. Stephen Troy Allen
    3. Maria Cavalluzzi
    4. Margaret Forbes Mendoza
    5. Forest Michele Wilkerson
    6. ···
    7 lawyer answers

    There are three possible scenarios: 1. Case is set for trial and the DA will not be able to proceed because no V. available to testify. 2. DA asks court to issue a "body attachment" (arrest) for Victim who does not comply with the subpoena, basically forcing him to come to court. 3. The DA offers a plea to another (lesser) charge prior to either of the above happening. They'll try to get a conviction by threatening to force victim to court. Defendant will need to decide whether to push...

    6 lawyers agreed with this answer

  6. I passed all three field test, they did not give me a breath test or blood test but still arrested me.

    Answered 10 months ago.

    1. Paul Richard Burglin
    2. Robert Laurens Driessen
    3. Troy Slaten
    4. Dan Eugene Chambers
    5. Andrew Stephen Roberts
    6. ···
    9 lawyer answers

    I agree with the attorneys who have previously responded.... The majority of my clients believe they have passed the Field Sobriety tests,only to see otherwise when they read the reports prepared by the police. These tests can frequently be successfully attacked at trial due to being administered incorrectly, etc...Did you refuse to take a breath/blood test after you were arrested? Why did they pull you over to begin with?

    6 lawyers agreed with this answer

  7. I was served a subpoena yesterday to testify about a shooting that happened over 7 months ago but I dont want to testify

    Answered 11 months ago.

    1. Margaret Forbes Mendoza
    2. Stephen Troy Allen
    3. John M. Kaman
    4. David Philip Shapiro
    4 lawyer answers

    You must appear on a subpoena. If you do not, the Judge could issue a" body attachment" for your arrest. You could call the attorney/District Attorney who had you served and discuss your safety concerns and the possibility of being placed "on call" If you are concerned that your testimony might cause you to incriminate yourself, then you should consult with an attorney.

    5 lawyers agreed with this answer

  8. Can I take DUI classes before being convicted in court? What length should I do?

    Answered 11 months ago.

    1. Denis Hurley White Jr
    2. Margaret Forbes Mendoza
    3. Joshua Matthew Dale
    4. Joshua Kaizuka
    4 lawyer answers

    Because you are not attending the program pursuant to a court order (conviction) at this point, you will need to go to the DMV and request a form called H-6 ( costs $5.00) then call the program and make an appointment, taking that form with you. Most programs will not enroll you without that form. Once enrolled, they will provide you with the proof that you take to the DMV. Some programs can also do this electronically, but you will need to ask them. Typically the nine month program is not...

    5 lawyers agreed with this answer

  9. Is PC 602 (k) a crime involving moral turpitude?

    Answered 6 months ago.

    1. Stephen Troy Allen
    2. Margaret Forbes Mendoza
    3. John M. Kaman
    3 lawyer answers

    You should definitely speak with an immigration attorney. 602(k) is considered a crime of moral turpitude, because that section involves more than merely entering onto another's property....it involves entry for the purpose of injuring one's property or property rights. The other sections mentioned are not typically deemed to be crimes of moral turpitude. As the policies regarding crimes of moral turpitude are often at odds with immigration policies, it is important to have an immigration...

    4 lawyers agreed with this answer

  10. I need help right now!!

    Answered 6 months ago.

    1. Daniel R Perlman
    2. David Mark Wallin
    3. Victoria L Clemans
    4. Margaret Forbes Mendoza
    5. Joseph Briscoe Dane
    6. ···
    7 lawyer answers

    Your boyfriend is on probation for burglary and has violated by not paying restitution and by picking up a new case...he now has two matters: the probation violation and the new case. As my colleagues have stated, he needs an attorney...many of the attorneys on Avvo offer free consultations. If your boyfriend can not afford to hire an attorney, the court will appoint an attorney from the Public Defender's office to represent him. As you are a witness, the attorney representing your boyfriend...

    4 lawyers agreed with this answer

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