Ben Walter Pesta II's Answers

Bail Definitin

"WISHOLD" is a sort of acronym for "Warrant Information Sheet -- HOLD." It means that someone somewhere has information that the inmate has a want or warrant attached to his name, and that the custodial authority should hold him until more information can be obtained.

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Restraining order against me and can i place a restraining order against this person?

No. You do not have a chance of obtaining a restraining order, because he has done nothing to you. Despite HIS restraining order against you, you have continued to try to contact him. Your history of mental instability, your bipolar diagnosis and the tone and content of your letter suggest that if you appear in court, you will probably not be successful in convincing a judge. Your letter's language ("he chose to disappear on me," "the plaintiff knew about my condition," "I have suffered...

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In California can a involuntary manslaughter charge be upgraded to 2nd degree murder during trial?

Judges do not increase charges. The district attorney can file an information -- or can amend an information -- to reflect any evidence that was disclosed at the preliminary hearing and that indicates that a previously-uncharged crime may have been committed. He can do this right up until the beginning of trial.

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No money to pay traffic violation ticket

NO ONE WILL SEND YOU TO JAIL OVER A CURRENT TRAFFIC TICKET. Ask the judge for an extension of time to pay, and ask if you can make payments. He or she WILL say, "yes." People who don't have the money at the moment show up in court all the time. This is how the court WANTS you to handle it! A traffic ticket has no immigration consequences, BUT GOING TO JAIL MIGHT, especially if someone puts an immigration hold on you. You could be longer getting out than you plan on. Do NOT go to jail; go...

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What do I do now?

You owe them nothing. Keep all three letters.

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What is a felony settlement conference?

It's a local custom in Riverside County. It's a hearing before the preliminary hearing where -- IF both the parties wish -- they can meet in the judge's chambers, discuss the case and try to settle it. It usually turns out to be just another unnecessary court appearance, since, if the case is serious, the Riverside County DA won't give you an offer you can live with.

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What is the legal age of consent in the state of Hawaii, when can a 15 year old begin dating a 27 year old

It's actually okay for a 15 year-old to date a 27 year-old in Hawaii. If anything MORE happens, however, there's a serious problem. The age of consent in Hawaii is 16. A 14 or 15year-old can legally consent to have sex with someone no more than five years older, but your 27 year-old friend is going to be out of luck in a major way. You're both just a few years too late here. The age of consent in Hawaii used to be 14, but they changed it in 2001. Of course, in 2001, you would have been...

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At friends house and warrant of homeowner led to search-found drugs in home. being charged with possession etc.

You can ask your lawyer to find out for you. He will have seen the police report, with the names of the others present. Most likely, their cases will be joined and tried with yours -- unless, say, the drugs were in your pocket. I'm guessing that that's not the case, and that they were found somewhere in the home, perhaps on a coffee-table. As for suing for discrimination, forget it.

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Is it possible for a relative to assist the PD's 'investigator'? I don't have any confidence in PDs.

Yes, it is possible to help the investigation. You will NOT be allowed to interview witnesses yourself. Your best bet is to contact the PD, tell him/her you know the location of witnesses, and offer to give the information to him/her, or to an investigator. As for the "FREEEEE!" business, you wouldn't be paid for the info in any case. And one more thing: referring to the PD's investigator as "this alleged 'investigator'" isn't going to help you.

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I was caught shoplifting today at macy's approximately $88 worth. No police were called and i am over 18 what should i expect?

DO NOT SIGN ANY FORMS. Take what Macy's has sent you to a LAWYER, and explain the situation. The release form should specify that Macy's agrees not to forward this case to the DA, or to make a police report. The problem with signing forms is that, once you've confessed yoiur liability, macy's can then turn your signed form over to the police, who can use it to prosecutoe you for petty theft. If they prosecute you and convict you (using a signed form as your confession), you will have a...

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