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Margaret Forbes Mendoza
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Margaret Mendoza’s Answers

94 total


  • Why would the officer take this long to file? Also my dmv hearing was postponed a month. Officer couldn't make it.

    I was arrested for dui 6 weeks ago. My citation court date was today. I went and my name was not on the board. I went to the clerk and my name was not in the system. Went to DA's office and they said the arresting officer had not filed anything wi...

    Margaret’s Answer

    As my colleagues have stated, the delay is not unusual, especially in Orange County and even more so if you provided a blood sample. What city did this incident occur in, as many cities have City Attorneys that handle the misdemeanors. This is not necessarily a District Attorney case. If the case is filed, you may receive notice of the filing. Many times, a person finds out the hard way, after a warrant has been issued. If you received proof that you did appear on the cite date, hold onto that. I strongly encourage you to speak to an attorney that will handle both the court case and the DMV hearing for you.

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  • What is the maximum/minimum sentence for the crime?can he take a strike to get out faster?what should I do.

    hi my husband was arrested for kidnapping/robbery. he has 3 codefendants. he has a fairly clean record aside from a recent domestic violence issue with a spouse that he is currently on probation for. his bail has gone up to 1 million dollars so I'...

    Margaret’s Answer

    If you think you may be able to afford a private attorney, then you should meet with a few of them to discuss the specifics of the case and obtain a quote for the retainer. There are many excellent public defenders, but they typically have a heavy caseload and are not always able to devote as much time as they would like to their clients, or the families. As to your question regarding a strike, and generally speaking, a person should not plead to a strike offense for the purpose of getting out faster.

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  • While on parole, will I be charged with a felony or misdemeanor for a possession charge?

    I am on parole and have been for over a year now with no new cases or arrests, until now. There was a parole sweep in my neighborhood and I was awakened by what seemed like a S.W.A.T team at my bedside. The police found a significant amount of dru...

    Margaret’s Answer

    I agree with Mr. Dane. Additionally, you could also be facing a parole violation.

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  • I want the Superior Court to reduce my grand theft conviction to a misdemeanor under prop 47.

    After I fill out the required form I am going to have a process server put the docs into an envelope and mail them to the district attorney. Here's my plan- 1) I fill out a judicial council form for relief under CA Penal Code 1170.18. I send th...

    Margaret’s Answer

    How were you sentenced for the grand theft? If you were placed on probation then a 17b can (and should) be considered. However, a state prison sentence (or county jail under the realignment program (PC 1170(h)) will prohibit you from filing relief under 17b. Whether you are eligible under Prop.47 depends on the value of the property taken as indicated in the report. It must be $950 or less. Also, certain prior convictions could make you ineligible for Prop 47 reief. Good luck,
    -Margaret

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  • What does a temporary DA reject mean? Please read my details...

    My husband ticket and was arrested for a probation violation and warrant for a traffic and at the time of arrest was charged for Paraphenalia and he had a paper in the toilette that were gift card numbers but the cope thought were credit card numb...

    Margaret’s Answer

    I agree with my colleagues. Another issue is his probation. Felony or misdemeanor?
    In lieu of filing a new case for the papaphenalia, they could file a probation violation (easier to prove), or both could be filed...it depends on the facts surrounding the arrest.
    -Margaret

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  • I need a criminal defense attorney

    I am being falsley accused of domestic violence against a senior. I am innocent and can prove it I just need a lawyer since the court won't take me seriously by myself, and a public defender says she has too many cases, she was upset I was getti...

    Margaret’s Answer

    Are you being charged with domestic violence or elder abuse? Both are serious charges. Since you have spoken to the Public Defender, the case has been filed and you have most likely been arraigned. You can use this site to locate an Attoney that handles these specific charges. Good Luck.

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  • DUI Refusal: I was 0.28 BAC and have no memory of my interaction with police. How can DMV claim I was properly admonished?

    I was arrested for an alleged DUI. According to the reports, I was passed out at an intersection and paramedics were called. I was incoherent, crying, unable to walk or answer any questions. I have no memory of these events. The police allege ...

    Margaret’s Answer

    Thank goodness you are ok and an accident was not involved...Please retain an attorney as soon as possible...

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  • Brother is being charged with theft and it is being considered a felony, he didnt do it but the people he was with might have

    this is his first offense , he has a clean record. what are his chances of going to jail.

    Margaret’s Answer

    There is not enough information to answer this question. The penalties `differ depending on which type of theft it is: burglary: commercial/ residential, identity, embezzlement, credit card, auto, etc. Your brother needs to consult with an attorney. Any type of theft conviction can have negative repercussions for years.

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  • Does my brother need a lawyer? Being charged with felony criminal threats.

    He was arrested early this morning with making threats but empty threats. I looked up his info and he has a court date set for two days from now with a bail amount of 20K. What are his options here? He's never been in trouble with the law and he's...

    Margaret’s Answer

    Yes, your brother needs an attorney. If filed as a misdemeanor, the max is 364 days in county jail. If filed as a felony, the max is county jail or 3 years state prison. It is up to the DA to decide how to file the charge...an "empty threat" is considered a threat, whether or not a person intends to carry the threat out is irrelevant.

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  • I cannot make it to my arraignment hearing for a simple PI arrest. Can this get settled before the arraignment date set?

    I was arrested in Santa Clara CA but live on the other side of the country and will be unable to make my arraignment hearing for a public intoxication arrest. Because this is such a simple charge, is there a way for me to plead guilty to the charg...

    Margaret’s Answer

    If the case has been filed, you could advance the case to be heard before you leave. HOWEVER, public intoxication (PC 647(f)) is a misdemeanor. A misdemeanor conviction could impact your job or future employment opportunities. You should speak with an attorney, explain the facts and seek advice regarding the possible defenses to the charge. If there are no defenses, an attorney may be able to obtain an alternative disposition that would not require a conviction. Also, as others have mentioned, since it is a misdemeanor, an attorney will be able to appear for you at all stages of the proceeding. If you cannot afford an attorney, a public defender can be appointed, but that would require your personal presence, at least for the initial appearance. Good luck.

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