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Alec Scott Rose's Answers
- 909 Legal Answers
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1
Attorney answers:
CA criminal code, pc 32, minimum and maximum sentence for penal code 32
PC 32 is commonly called "Accessory after the fact." It can be charged as a misdemeanor or as a felony. As a misdemeanor, the minimum penalty is $100 in fines, and the maximum is 3 years of probation, 1 year in Jail and a fine (including all penalties and assessments of about $3,700. As a felony, the penalty can be a prison sentence of 16 months, two years, or three years if probation is denied, and a fine of between $200 and about $37,000 (including penalties and assesments). If probation...
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7
Attorney answers:
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I hired a personal injury attorney on a contingency-basis in a multi-million dollar case in a state court in Northern California
Spelling errors do not undermine the legal force of a pleading filed with the court, so long as the document can still be understood with the errors. In long, complex documents, a few errors are common, given the short time frames usually allowed for court filings. Courts usually do not think negatively of minor errors. I have never heard of a judge granting or denying a motion based on spelling, grammatical errors, or typos. Representing yourself in pro-per is possible, and while courts...
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4
Attorney answers:
DUI DMV hearing for
The DMV does not "change its mind" after reaching a decision, but you can request an administrative review by written letter. There are instructions on your decision letter. If you lose the administrative review, you may file a lawsuit called a "Petition for Writ of Mandamus" to challenge the ruling. Writ petitions are complex, and if you pursue this, you should hire an experienced appellate attorney. Under California law, the court awards attorneys fees to the winner in a Petition for Writ of...
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2
Attorney answers:
WA laws regarding a 15 year old dating a 19 year old, possible criminal consequences
If by "date" you mean have dinner in a restaurant, watch a movie, or other social activities that do not involve sexual or intimate contact, there is no age limit. If by "date" you mean intimate or sexual contact, Washington state's child rape laws are based on age differences between the partners and the age of the younger partner. At Age 15 for the younger partner, there is a 48 month limit on age difference for the older partner. While this may be the law, it is generally not...
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4
Attorney answers:
Does a high BAC and an accident (no injury, crashed into a tree) affect the fine/sentence of my DUI?
The court can impose any sentence for DUI from the minimum 2 days, to six months. Most judges will consider high blood alcohol and non-injury accidents during a DUI to be aggravating factors that justify higher than the minimum sentence. www.alecrose.com
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4
Attorney answers:
CA & federal law: Criminal to videotape (w/ or w/out audio) sexual activity in one's house w/out an adult partner's knowledge?
California Penal Code Sec. 647(j)(2) forbids placing a hidden camera for this purpose. http://law.onecle.com/california/penal/647.html I have no idea if there is a similar federal law, but on Federal government property within California, the US Code provides that California state laws are enforced if there is no superceding federal law. This would apply, for example to a camera placed in a bathroom of a federal worksite, or in a bedroom in a military housing barracks. www.alecrose.com
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Attorney answers:
Internal affairs wants to interview my 16yr old son on a complaint against officer. Is my son going to be arrested?
You and your son should speak to an experienced educational attorney regarding the possible school expulsion, and an experienced juvenile criminal law attorney. If your family cannot such attorneys, you may be able to ask the school district to refer you to an advocate for the disciplinary proceeding, and your son may ask for a public defender to be appointed when you get to court. If your son refused to consent to a search, he may indeed have been in the wrong. California and federal courts...
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Attorney answers:
I was assaulted, witnesses do not want to get involved. Do they need to be at "restraining order" trial?
A civil harassment restraining order requires "clear and convincing evidence" for the court to grant the order. http://law.onecle.com/california/civil-procedure/527.6.html. This is a high standard of proof, so you should bring all of the evidence you have. You should also consider hiring an experienced local attorney to assist you. The police and the DA or City Attorney have no obligation to prosecute crimes, and generally are not accountable for decisions whether or not to prosecute a case....
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4
Attorney answers:
Can an ex-attorney testify against his client in a divorce?
Under California law, he would only be able to do this if your ex waived attorney-client privilege. I cannot imagine why your ex would agree to do this. Whether or not he is "happy" with your ex has nothing to do with his professional duties. www.alecrose.com
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3
Attorney answers:
I ran from the cop and got charged with resisting arrest and position of marijuana
You and your parents should speak to a local experienced juvenile defense attorney. Such a lawyer will know the policies of the San Diego DA, Juvenile Court Judge, and Juvenile probation officers regarding this type of offense. Your case also presents some possible defenses. If the officer never recovered the contraband, and never got to question the other boy, how can a prosecutor prove it was a drug transaction, or what drug/amount was involved? How can they prove he had probable cause to...
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