Rose Fay Arfa's Answers

How likely is it to get a 1st degree burglary Charge reduced?

It sounds like your boyfriend might have a "strike" in his backround because the maximum sentence for a first degree residential burglary is six years. The stolen property charges would probably merge. It also sounds like your boyfriend could negotiate for a second degree burglary depending on the facts of the case. If your boyfriend want to negotiate and he has a "strike", he might also want to negotiate dropping the strike. Your boyfriend should have several options if he wants a lesser...

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

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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3rd/4th degree grand theft

Your boyfriend definitely needs a separate lawyer. The maximum sentence for grand theft is generally three years. If your boyfriend has a strike it would double to six years. Then again, that's the maximum sentence. The sentence could go as low as county jail time and probation depending on his criminal background and the facts and circumstances of the case. A good lawyer should be able to assist your boyfriend in determining his best options.

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

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

California record clearance?

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...

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

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...

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

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.

Abbreviation of name valid?

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

What offense is 261 (2)?

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...

Projected Release Date on record at LA County Sheriffs

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.