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Rose Fay Arfa

Rose Arfa’s Answers

13 total


  • Can my employer get my dmv/driving record without my consent and give it to the district attorney over a pending criminal case

    employer pull out my dmv information with out my concent and gave it to there atterney. in which he broght back a criminal case that was all ready dismisss due to a civil claim i have pending against my employer on a worker comp case. and now the...

    Rose’s Answer

    We really cannnot tell what you want to do. For example, do you want to take action against your employer? Or do you want to stop the criminal charges? We do not have enough information about your case and/or the charges to really advise you. The best thing you can do is contact your current private lawyer or public defender to see what you can do

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  • California record clearance?

    In California, is it possible for an adult to clear a misdemeanor conviction (from 16 years ago)? I already got a 1203.4, but that's pretty much useless for background checks. I am a software engineer and work for elections related government agen...

    Rose’s Answer

    My website has a link to the Court's explanation of expungements. http://www.bestdefender.com/forms.html
    You should be able to get the information you need. Basically, there is no mechanism to actually clean your record totally, such as a finding of factual innocence. You may wish to try some other post conviction remedies such as withdrawing your plea and/or filing a writ, but those processes are costly and very difficult to win. Sometimes, misdemeanor convictions drop off your record after a number of years.

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  • What is the penalty for falsifying a police report in california? The maximum and minimum penalty?

    What is the penalty for falsifying a police report in california?

    Rose’s Answer

    Cal Pen Code § 148.5 False report of felony or misdemeanor provides: (a) Every person who reports to any peace officer . . . that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor. (b) Every person who reports to any other peace officer,. . . that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor . . .

    Penal Code 19 provides the punishment: ". . . [A] misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both.

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  • Is it possible that a felony conviction won't show on your record after 20 years?

    felony conviction

    Rose’s Answer

    Your best bet is to get your criminal history from either the FBI or local state agency. In California, it's the attorney general's office. You can probably find where to obtain the document through an internet search of your state agencies.

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  • My husband was convicted for drugs but never served his time, that was over 10 years ago, I was wondering if he could pay a fine

    instead of doing his time?

    Rose’s Answer

    We do not have enough information to answer your question. We would need to know why he never did his time, how much time he received, is there a warrant outstanding for him, and other such questions. You should contact a lawyer directly for assistance.

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  • Abbreviation of name valid?

    If my name was David Joseph Miller and I was accused for something, would the indictment still be valid if it said 'David Joe Miller'?

    Rose’s Answer

    Yes. They will probably ask David his true name when he appears in court.

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  • What offense is 261 (2)?

    what offense is this and what are the charges to someone who is foung guilty

    Rose’s Answer

    Hope this answers your question:

    § 261. Rape; "Duress"; "Menace" (a) Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances: (2) Where it is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.

    § 264. Punishment for rap
    (a) Rape, as defined in Section 261 or 262, is punishable by imprisonment in the state prison for three, six, or eight years.

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  • Projected Release Date on record at LA County Sheriffs

    My boyfriend was sentenced to State Prison for 16 months due to his fifth time DUI within 10 years. When I search at the LA County Sheriffs record, they state "SP3" which means his paper is in process to Prison, but under the heading "RELEASE", th...

    Rose’s Answer

    The best thing to do is to contact the sheriff's department and find out why the state the projected release date is 12/12/09. I suggest that you contact the sheriff's department web site and find out who to contact.

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  • How long does it take after remittitur is issued for resentencing.

    California Appellate Court said that an inmate was not given his presentecing credit and sent the case back to the Superior Court is there a time limit to how long the court can take for resentecing because had they given him his credits in the fi...

    Rose’s Answer

    There may or may not be a time limit, but usually the courts take action within 60 from the time the case gets returned. You may wish to contact the court clerk to see if the superior court has received the case and whether the judge has taken any action.

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  • How long does it take to "file" a case?

    I got arrested a week ago and got my computer and such seized. I got booked and charged with 2 felonies (Impersonating and seducing a minor) I got released with my court day being 2 days after this but I got a lawyer and they said that we'll be ab...

    Rose’s Answer

    The only time limit would be the statute of limitations on the charge and we do not know what the charges are going to be, if any. The DA may or may not file the case. You'll just have to wait and see. Meanwhile, keep in touch with your lawyer. You probably will not get your item back until the investigation is complete and/or the case closed.

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