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Neil James Fraser

Neil Fraser’s Answers

657 total


  • Do I need a CA licensed attorney to file a motion to vacate prior criminal plea made in district central court for fed crime?

    I previously entered into a plea in the central district court here in CA for federal crime. I think I have grounds to file Motion to Vacate the plea since I was not aware and informed of the immigration consequences. Since it was a federal crim...

    Neil’s Answer

    Yes, you need an attorney admitted to practice in the Central District, and versed in federal procedure and the available grounds - which are limited - for setting aside a plea. Not being informed of the immigration consequences of your plea may provide grounds but this area is extremely fact-specific and you should discuss your situation in confidence with the attorney you choose to consult.

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  • Motion to Withdraw Guilty Plea DENIED. How Can I Appeal?

    I plea guilty to one count of trespassing. Sentence was a $250 fine and 1 year informal probation. I filed a petition on the same day to withdraw my guilty plea. I got an attorney to write out a "motion" and argue it for me before the court. Th...

    Neil’s Answer

    Were you represented by counsel at the time you took the plea and, if so, were you advised that the plea might impact your professional license?

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  • California P.C . 211 (Robbery) Charge with Domestic Violence In Incident Report: Can Victim Refuse To Testify Under CCP 1219b?

    I had a dispute with my fiancé about money that escalated. We both yelled & shoved a little; but absolutely NO physical injury, theft or property damage occurred. I called 911, but my fiancé fled because he has priors, so only I got to t...

    Neil’s Answer

    The best thing you can do for your boyfriend is retain him an excellent lawyer to represent him in this very serious matter. The DA is not going to dismiss the case because you request it, nor is he or she going to pay any heed to your reluctance to testify. You will be subpoenaed to appear at preliminary hearing and, if it goes that far, at trial.

    You say you didn't lie to the police as to what happened. Presumably the police and DA believe they have sufficient evidence upon which to proceed. Unfortunately you do not articulate what that evidence might be that you provided. To get a clearer picture of the seriousness of the situation, you should discuss this case privately with a lawyer and provide him or her with all pertinent information in confidence.

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  • During my preliminary hearing the testifying police officer lied at least twice. Can I file a perjury charge?

    The lies and the deputy district attorney accepting the lies resulted in my agreeing to a plea bargain that kept me out of jail, but I had to accept a felony conviction and five years of supervised probation. I am 78 1/2 years old. The charge was ...

    Neil’s Answer

    I agree with all my colleagues and add that, without knowing what you perceived to be lies, may not rise to that level if the testimony was what was relayed to him or the arresting officer by the alleged victim. But, since you took a plea, you have negated any chance of challenging the veracity of the prosecution's case.

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  • How is it possible a person with no SS# (Illegal immigrant), has hired attorney, initiating claim against my HomeOwner Insurance

    A woman stumbled on a 3rd party neighbor's lawn (claims she broke wrist), when her poodle tripped her by its leash. The poodle darted between her legs (entangling her w its flexi-lead leash cord) when a large German Shepherd dog I was walking (not...

    Neil’s Answer

    I agree with my colleagues. Think of it this way - if you went to, say, Germany and got hurt when a speeding driver ran a red light and knocked you over, are you saying you'd happily waive any right to compensation because you're not a German citizen or legal resident?

    Recovery for injuries based on claimed negligent acts or omissions by private individuals are based on legal, not racial, principles. You should be glad of it.

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  • Are the time ranges this severe for these crimes?

    My nephew ic charged with the following: PC 71 PC 243.6 5 times Are these charges serious? Count 1 says a range from 16-2-3 which I am assuming is months and years He is 17 years old. What is the possible outcome of t...

    Neil’s Answer

    The initial question is whether he is being charged as an adult or a juvenile? This makes a huge difference.

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  • Preliminary Court

    My fiance was with some freinds and he took one of them to where some other friends ended up getting in a fight. He didnt have any physical participation in the fight what so ever he was just there apart from them in his car and he didnt leave wit...

    Neil’s Answer

    As my colleague stated, this is a very serious charge and the fact your fiancee's friends were the perpetrators can still entangle your fiancee in this whole mess. Nevertheless there are numerous defenses which may be available to him and, in order to achieve the right result and not have his life derailed, he should hire private counsel now. Do not delay.

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  • I was arrested by a LA deputy sheriff for a misdemeanor offense. After running a wants-warrant check, he discovered warrants.

    I asked the deputy if I could have a citation release for the misdemeanor, but he said that I would have to appear on the traffic warrants, so at the time I assumed that his answer was no. I appeared for the traffic warrants, and served a week. Wh...

    Neil’s Answer

    No. The procedures followed were proper.

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  • Do I have a civil case and what kind of lawyer would I require?

    A hotel room was opened under my name without my knowledge. The hotel let someone else sign for me (i had a room with the hotel already- this is how they had my info). A drug deal happened in this room. I was not present, however I was called ...

    Neil’s Answer

    What you need is a excellent criminal defense lawyer to extricate you from the criminal charges if they are still pending. Such things don't just go away because you proclaim your innocence.

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  • Neighbour ran over my hand while I was trying to steal his rims, can I sue him for the hospital bills?

    Basically, at 5 AM a week ago I was in my neighbours yard stealing the rims off his car, I wasn't paying attention and listening to music on my headphones and while I was removing the first rim he backed up right over my hand and completely flatte...

    Neil’s Answer

    Think a jury is going to sympathize with your story? Any reason your neighbor hasn't had you arrested?Maybe you should write your neighbor an apology letter, provided, of course, it was not your writing hand he ran over.

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