Hi, I have a question.. My boyfriend IS a gang member and one of his charges is for Gang Enhancements, which I do not understand. Yes, he is a gang member and he was arrested in his "neighborhood." But the problem is, when he was arrested, he was ...
Prosecutors are quick to add gang enhancements to an underlying charge, but they must be proven. If so proven, they substantially increase the sentence, which varies depending upon the underlying charged offense. What are the charges?See question
My boyfriend is on probation he had a warrent for almost a year for restriction he didn't pay from the first burlary he did to be on probation second when the cop a aressted him there saying that they picks up a new case that he was burly rising s...
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 will most likely want you to speak to their investigator.See question
Prior arrests for drug possession, identity theft, stolen credit cards - all within 3 years. Placed on probation 3 months ago & violated probation for drug possession and identity theft almost immediately.
Receiving stolen property (496(a) ) is a felony. The DA has the ability to file as a misdemeanor, if the value of the property is less than $950.00. If filed as a misdemeanor, the exposure is one year in county jail. If filed as a felony, the minimum state prison exposure is 16 months, or one year county jail. The DA may be more inclined to file as a felony due to your priors. Additionally, since you are on probation, you can face additional time for violating.See question
shop lifting at walmart for a $40 DOLLAR CONTROLLER
The penalty for a petty theft ( first time) is usually minor (fine and/or community service and probation). BUT it is the charge itself which can cause you years of problems. Many employers are hesitant to hire employees with theft convictions. Because it is a crime of moral turpitude, there are immigration consequences. It is also a priorable offense. Additionally, if you are in a licensed profession, the conviction could cause you to lose your license. Therefore, I strongly encourage you to retain an attorney. Fees vary, so I suggest that you call a few and meet with them in person to see who you are comfortable with. Most attorneys offer complimentary consultations.See question
This is my first offense and I have no previous record.
There are two aspects to a DUI: the DMV administrative Hearing and the Court proceeding. It is important to preserve your right to a DMV hearing by making the request within 10 days of the incident. An attorney who handles DUIs can also represent you for the DMV hearing.
To answer your question, generally speaking, there is a four month suspension associated with a first time DUI, which can be converted into a thirty day suspension followed by a five month restricted license (allows to and from work and the alcohol treatment program.) During the initial thirty day suspension, you will not be able to drive. And there certain requirements for obtaining the restricted license after this suspension period. As my colleague stated, the fine, inclusive of assessments and court fees, starts at approximately $2000.00. The DUI is priorable for ten years, which means if you have another DUI within that 10 year period, the penalties increase significantly. A DUI conviction could also cause issues with travel to other countries, issues if you are in a licensed profession, and immigration consequences. If filed as a misdemeanor, (first time DUI's typically are...there are exceptions, such as an accident with injuries) you will not have to appear in court...your attorney can appear on your behalf. Retain an attorney to represent you. There are many complex issues involved with a DUI that are worth exploring.
He hit the curb no other cars were involved and no one saw him drive. He was stopped and detained by an off duty officer who did not show him any identification and told him to sit on the curb until a patrol car came. He was booked and held 4 hour...
I agree with my colleagues answers. There are two aspects to a DUI: The DMV hearing and the court proceeding. Most attorneys that handle DUIs will represent your son on both. If you do not retain an attorney within 10 days of the incident, your son needs to make sure he preserves his hearing rights with the DMV by contacting them within 10 days. An attorney will review the reports and may find and argue issues at the hearing so that he does not lose his license. As far as the criminal charges, many factors (driving pattern (or lack of, as is the case here), field sobriety tests performed, time of the BAC test, etc) need to be analyzed by an attorney who can then advise him which direction to go... attempt to negotiate a plea to a different charge or trial...See question
he is already a felon of fraud and on probation. He cashed his ex wifes check in his bank account and they are separated.
If filed as a felony, he could be sentenced up to one year in the county jail or 3 years in state prison. ... He has also violated probation by picking up the new case, and could get additional time for the violation. As Mr. Hill has stated, there are a lot of unknowns, which makes it difficult to give a more specific answer.See question
I'm being charged with 2 counts of petty theft from my former employer. I have no previous record, and to be quite honest, i'm terrified. I just want to know what I would roughly be facing
Without more specific facts, I can say that, generally speaking, since you do not have a prior record, you could be offered community labor in lieu of county jail...however, the punishment associated with a petty theft is NOT your biggest concern. This is a crime of moral turpitude and could have a significant impact on your obtaining employment, licensing issues, etc... So it would be to your benefit to retain an attorney to review the case and if no defense, attempt to find a resolution that will cause you the least amount of impact in the future.See question
Someone told me they do not deal with the DMV and another told me they do...im confused...
As my colleagues have stated, most attorneys that handle DUI cases also handle the DMV Administrative Hearing. Having control over both aspects of the DUI is important. Please remember to request your DMV hearing within 10 days of the incident. If you retain an attorney within that time frame, that request can be made on your behalf.See question
accused of 664 / 459 burglery , subject was too drunk and was walking home and passed out next to a car. arrestd and released OR subject is 19yrs. As of now no charges filed and no report is avaible to see further details. should an attorney...
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.See question