Jerod Gunsberg's Answers

When a defendant files a motion for plea withdrawal, what does the district attorney file?

The DA's office may file a written response in which they oppose the motion to withdraw the plea, the defense is certainly allowed to write a response to the DA's opppsition, but that's a strategy call to be made by your lawyer. You're not attempting to withdraw your plea without a lawyer, are you?

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I ran away from a group home and im 18 now i have a warrant for juvenile probation,, its just a violation how long will i get?

Mr. Pullman's answer is correct and I can expand on it a bit. Assuming you are a ward of the juvenile delinquency court (and I'm assuming they placed you in a group home as a condition of your probation), they can keep jurisdiction over you until you are 21 years old. With that said, and assuming that aside from AWOL from placement that you have not picked up any new cases, it would be surprising if the court did keep jurisdiction at this point. They don't have a lot they can do with...

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Should I get an attorney for a "hit and run" of a parked vehicle?

The police will turn over their report to the City Attorney or other appropriate prosecuting agency. The prosecutor's office will review the report and decide whether or not to file a case against you alleging a violation of Vehicle Code 20002 (commonly known as "leaving the scene of an accident"). The fact that you never felt impact and didn't know there was an accident is a defense to the charge. If you receive a letter from the City Attorney or District Attorney saying they will...

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I will surrender on 1/10/12 for my 4th DUI. The judge gave me 30 actual days in LA county. Will I do the actual 30?

This is your 4th DUI comviction and you only got 30 days? Your lawyer did a damn good job. I'm not sure what you mean by the judge gave you "30 actual days". Usually the judge sentences you and then it is up the sheriffs department to determine how much time you do. As for how much time people are doing in LA County rights now', it really depends. I have clients who were sentenced to 120 days and released the same day they surrendered and I have clients who were sentenced to 30 days and...

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Will i be or stopped or detained at the airport if i try to fly to Hawaii while on probation without a travel permit

You likely won't be stopped at the airport, but you should look at the terms and conditions of your probation and see if there are travel restrictions. If you are on formal probation which invokes reporting to a PO or a kiosk, you may be required to get permission from probation dept. or court. It's not worth the risk of violating your probation.

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Prop 36

The outcome depends on the facts of his case and situation. Just as important (if not more so) is the courthouse he must surrender in and the judge he will surrender to. It is VERY IMPORTANT that before he surrenders that he gets in touch with a qualified, experienced criminal defense attorney that knows the ins and outs of the exact court he would go to. In situations like this local knowledge and experience is critical - what can happen varies not only from courthouse to courthouse but...

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I got a ticket for speeding and non D.L. i dont want to go to court due to my citizenship.but i do want to pay the fines.

If you got the ticket in LA County go to the traffic section of the LA county court website (https://www.lasuperiorcourt.org/traffic/ui/). Look up your citation and see if you can pay it online, if you can pay it online you won't need to go to court. However, if it says "not eligible for online transaction" or something like that, then you may have been charged with a misdemeanor for not having a valid CDL. In that case, you can hire an attorney to go to court for you and deal with it...

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Does the DEJ program show up as an open case in a backround check

Sorry to break the bad news, but your case has not yet been dismissed, so you should expect it showing up in a background check. Also, even after it is dismissed a felony arrest may very well still appear on a background check. However, you will be able to answer honestly that you never convicted (unless asked if it was dismissed through a DEJ or similar procedure). Best of luck.

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Went for a bicycle ride, ended up with a trespassing misdemeanor and US Coast Guard violation What do I do, should I fight these

Sure you should fight it! otherwise you are facing a misdemeanor conviction on the trespass charge and a fat fine from the Coast Guard. Unfortunately, you are looking at two different proceedings. The first issue is the trespass charge which will be dealt with in state court (the superior court of the county in which the offense occurred). The second issue is the Coast Guard violation. What you received is a federal version of a citation or ticket. If the notice you received says...

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Should I get an attorney for a "hit and run" of a parked vehicle?

The police will turn over their report to the City Attorney or other appropriate prosecuting agency. The prosecutor's office will review the report and decide whether or not to file a case against you alleging a violation of Vehicle Code 20002 (commonly known as "leaving the scene of an accident"). The fact that you never felt impact and didn't know there was an accident is a defense to the charge. If you receive a letter from the City Attorney or District Attorney saying they will...

2 lawyers agreed with this answer