Carina Castaneda’s Answers

Carina Castaneda

Beverly Hills Family Law Attorney.

Contributor Level 14
  1. What are the chances of my DUI being reduced to a wet reckless on my record?

    Answered over 1 year ago.

    1. John M. Kaman
    2. Carina Castaneda
    3. Tina Marie Barberi
    4. Brian Russell Michaels
    5. Michelle Marie Dylan
    5 lawyer answers

    The "Miranda" warnings are triggered when there is an arrest. Prior to an arrest, no rights are required. In DUI, generally there is a traffic stop and investigation commences ie. pre-alchohol screening test on the scene, pre FST (field sobriety questions) and FSTs are conducted. There is no legal obligation to answer the Pre FST questions and comply with the physical FSTs. There is a legal obligation which you agreed to when you obtained your driver's license to provide blood or breath test....

    4 lawyers agreed with this answer

  2. My husband got sentence to 30 years for armed bank robbery and a firearm. Looking for a appeal attorney to him.

    Answered over 1 year ago.

    1. Carina Castaneda
    2. John M. Kaman
    3. Neil James Fraser
    3 lawyer answers

    In California, since he was sentenced to state prison this is a felony charge. Not clear whether case proceeded to trial or it was a plea bargain. Extensive work must be done to file an appeal of this gravity. Additionally, there are time limitations that you can file the necessary documents required. Moreover, this will be a complex appeal and legal fees should commensurate accordingly. Helpful hint, if the attorney is charging you too low--do not expect good results.

    4 lawyers agreed with this answer

  3. If I was not granted a domestic violence restraining order can I have 271 sanctions against me?

    Answered 4 months ago.

    1. Alexandra Rachel Lavinsky
    2. Carina Castaneda
    3. Edna Carroll Straus
    4. Samira Amato
    4 lawyer answers

    If your restraining order filed with the family court had merit and was not frivolous or intended to harass the other party, the judge should not impose sanctions. Nonetheless, sanctions are inherently within the court's discretion and the court may find against you. So filing restraining orders should always require some threshold inquiry from you and not done for mean-spirited purposes.

    3 lawyers agreed with this answer

  4. What are the penalties? Will I go to jail?

    Answered over 1 year ago.

    1. Benjamin G Kelsen
    2. Jeffrey Anthony Skiendziul
    3. Yolanda Navarrete
    4. Mark M Cheser
    5. Carina Castaneda
    5 lawyer answers

    In California, your girlfriend is a "witness" to the criminal case. Even if she fails to appear and this case seems to Penal Code 422 (a wobbler), the prosecution can proceed. The prosecution has the sole discretion whether to proceed or announce unable to proceed.

    4 lawyers agreed with this answer

  5. Who pays for the attorney in contempt when one cannot afford it. The judge appointed one.

    Answered 4 months ago.

    1. Angelle Kareen Wertz
    2. Christine C McCall
    3. Carina Castaneda
    4. Edna Carroll Straus
    5. Nancy Maria Martinez
    5 lawyer answers

    Since contempt is a "quasi" criminal action, you have the same constitutional rights as you would if you were a criminal defendant, including the right to a court appointed atty. Note, since I was a DA for 10 years in LA County, you may qualify for a public defender or even an alternate public defender (if you had used the services of the PD) before. The court can assess fees to be paid -- it is not always free.

    2 lawyers agreed with this answer

  6. Renewing restraining orders and criminal protective orders?

    Answered 3 months ago.

    1. Carina Castaneda
    2. Jennifer L. Ellis
    2 lawyer answers

    Since he has prior violations, the likelihood that the court will grant you a new DVRO and CPO extended is pretty good.

    1 lawyer agreed with this answer

  7. Pursue a property lien or file for contempt of non-support for past-due child support? Old case with father in TX and me in CA.

    Answered 4 months ago.

    1. Jeffrey Scott Drabin
    2. Richard Forrest Gould-Saltman
    3. Carina Castaneda
    3 lawyer answers

    It is too bad this is only an arrears case only now. I had prosecuted cases involving child support cases when the Dept of Child Support in CA was within the DA's office in LA County. The state department will not enforce a valid order if it is only arrears. In recent years, I have been successful in getting a stipulation and agreement between parents pertaining to arrears even outside of the US so that is an avenue to pursue. You may not get the full amount of arrears but you may get a lump...

    1 lawyer agreed with this answer

  8. My husband was arrested for domestic violence. The da filed charge. His court date is next month. We dont contact each other

    Answered 4 months ago.

    1. Shazad Z Omar
    2. Alyssa L Thompson
    3. Carina Castaneda
    4. Jennifer L. Ellis
    4 lawyer answers

    Having a criminal case open such as the DV case does not impact whether you have a right to child support (establishing and enforcing) that child support order. It impacts whether a party will have legal custody and/or visitation. Additionally, there will be a protective order in the criminal case and will result in no contact between you (if you are the victim) and/or the minors (if they were nearby). Having been a DA in LA County for 10 years and not specializing in both criminal defense and...

    1 lawyer agreed with this answer

  9. Push back trial date

    Answered 3 months ago.

    1. Shazad Z Omar
    2. Carina Castaneda
    2 lawyer answers

    Request if the opposing party will grant your request to continue then simply file a "stipulation to the effect with the court." But this is if the court allows a continuance. If you are not represented by an attorney, it may be incumbent upon you to request a continuance to allow you to get an atty. since this is a critical hearing.

  10. California only: Can a minor child be forced to testify at a contempt trial without being subpoenaed?

    Answered 4 months ago.

    1. Edna Carroll Straus
    2. Nicholas Basil Spirtos
    3. Robert Andrew Michael Burns
    4. Carina Castaneda
    4 lawyer answers

    Since contempt is punishable by jail amongst other things, the court will need to weigh the evidence that could be provided by the witness (even a minor). Under Evidence Code 403 standard (probative v prejudicial). The issue is not going to be whether a party was subpoenaed esp. if they are already present but whether the testimony will be relevant, probative and of course, if we are talking about the minor who are issue, the court's review will take consideration of the child's interest. You...