Juan Francisco Dotson's Answers

IS DISTRICT ATTORNEY PROTECTED FROM BEING SUED?

Generally YES. They have prosecutorial immunity, which is full immunity, only if the alleged wrongful conduct occurred during the scope of their employment as a prosecutor--that is trying a criminal case. They may have only qualified immunity when the alleged wrongful conduct arose from supervisory duties, such as setting office guidelines or aiding in a police investigation. Recently, the DA that made headlines for witholding evidence from the Duke lacrosse players, Mike Nifong, declared...

3 people marked this answer as helpful

CA criminal code, I was arrested for domestic violence what are the next steps

Sorry to hear about your misfortune. It could get worse because you are in Riverside County; Mr. Pacheco, the DA in Riverside, doesn't like to let anything slide. You should get an attorney now. An attorney may be able to negotiate no filing of criminal charges or filing reduced charges; this likelihood depends on who the filing DA is, whether you have a criminal history, and what evidence is outlined in the report (report is not evidence). Since you bailed yourself out, the DA is no...

2 people marked this answer as helpful

CA three strikes law, criminal procedure

Make sure the attorney checks and verifies that he does indeed have a strike. You wouldn't believe how many times the DA gets it wrong because of errors in RAP sheets.

1 lawyer agreed with this answer

Can immigration cancel my brothers tourist visa even thought hes in no longer in the United States?

Yes. It takes little to revoke a visa, especially after the Christmas day fiasco. Your brother did the right thing--had he been removed, he could have been barred from reentering the U.S. for up to ten years & subject to civil and criminal penalties if he re-entered illegally. He should speak to an immigration attorney prior to reentering the U.S. to avoid being turned away.

1 person marked this answer as helpful

CA criminal code, what is the punishment for possession of marijuana

If you are charged with simple possession of marijuana [HS 11357(b)] or possession in vehicle [VC 23222], you will not be placed on probation; you will be liable for a $100 fine and other court fees. These may be relatively minor, but all convictions are used defendants in the future, so you may want to stop by my office or hire an attorney, particularly if the amount and/or packaging of the marijuana is one that the DA or police contend is for the purpose of sales--if that is the case, you...

1 person marked this answer as helpful

Possible penalties under CA criminal code for drug possession, marijuana

If he is charged with simple possession of marijuana [HS 11357(b)] or possession in vehicle [VC 23222], he will not be placed on probation; he will be liable for a $100 fine and other court fees. These may be relatively minor, but all convictions are used defendants in the future, so he may still want to hire an attorney, particularly since a search of his vehicle occured during the course of a traffic stop.

1 person marked this answer as helpful

What action can a defendant take after being misrepresented in a criminal trial

Mr. Dinday is correct, your question lacks information. Nevertheless, some additional actions that can be taken are: complain to state bar, gather evidence to support attorney's misrepresentation (transcripts of hearings, declarations from opposing/co-counsel, letters or notes written by this attorney), seek help from another (trusted) attorney. Move fast, because there are deadlines to overturning convictions. Good Luck

Criminal defense about a 211

Your boyfriend should know that he simply can't run away from juvenile court. Even though he is an adult now, the court retains jurisdiction over him if a warrant was issued. If he does something really stupid while he is out, he can be sentenced to the Youth Authority since robbery (assuming no firearm or weapons) is a 707(b) offense up to age 25. A person can be held past age 25 only if they are deemed to have difficulty controlling their dangerous behavior (see WIC 607 & 1800)

CA criminal code CA 488 possible outcome with prior nolo contendere, petty theft charges

If the groceries are necessities (food, water, medicine, no alcohol), shoot for an infraction or some type of diversion. Times are tough for a lot of people, so I can see many judges pressuring the DAs to infract or they may reduce it themselves.

CA juvenile criminal code, consequences for shoplifting

You should assume the opposite; that the store has submitted a report to the police requesting charges be filed. You should consult with an attorney about obtaining a written agreement from the store to settle the case without criminal prosecution. Some counties may charge shoplifting cases as commercial burglary. Assuming no prior criminal history, you may qualify for informal probation or deferred entry of judgment. Both are essentially informal juvenile probation; you will be asked to...