Victoria L Clemans’s Answers

Victoria L Clemans

Los Angeles Criminal Defense Attorney.

Contributor Level 15
  1. Do I need a criminal defense attorney?

    Answered over 1 year ago.

    1. George Ellis Corson IV
    2. Dan Eugene Chambers
    3. Mark Lawrence Deniz
    4. Andrew Stephen Roberts
    5. Victoria L Clemans
    6. ···
    12 lawyer answers

    You need to talk with an attorney and stop posting stuff as it is in the pre-file stage. Plenty of talent on Avvo that will give you a free consultation. I see that you're in San Diego, so hire someone local. LAW OFFICES OF VICTORIA CLEMANS.

    18 lawyers agreed with this answer

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  2. What can i do about a DUI with drugs, marijuana, if i was never given a blood test but failed the field sobriety test?

    Answered over 1 year ago.

    1. Mark A. Broughton
    2. Jeffery Kirk Rubenstein
    3. Victoria L Clemans
    4. Gabriela Monserrat Lopez Arcos
    5. Michael Jon Fremont
    6. ···
    11 lawyer answers

    The good news is: you have some very good defenses. The bad news is: a case has been filed against you. Firstly, you have a messed up foot which would certainly make you fail the FST's (even sober ppl fail them). Second, you weren't given a blood test so they nothing to go on unless it was a refusal, that's a whole different story. Third, being tired has been known to cause bad driving and accidents, which is why they tell ppl to pull over and take a nap if you are really sleepy. Those are a...

    17 lawyers agreed with this answer

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  3. How do you get permission to leave the state after a misdemeanor DUI?

    Answered 4 months ago.

    1. Michael Aaron Goldstein
    2. Victoria L Clemans
    3. Jay Scott Finnecy
    4. Jon William Woolsey
    5. Michael Kevin Cernyar
    6. ···
    8 lawyer answers

    You aren't on formal probation otherwise you would need an interstate transfer to get permission to leave the state. Make sure you are in compliance with all of your court obligations before leaving. You have to complete the alcohol class and deal with APS (DMV issues) as well as fines and fees. Best.

    14 lawyers agreed with this answer

  4. Got DA letter to show at court for DUI

    Answered over 1 year ago.

    1. Victoria L Clemans
    2. Terry Alan Wapner
    3. Nicholas Milan Loncar
    4. Andrew Stephen Roberts
    5. Gerald R Stahl
    6. ···
    6 lawyer answers

    Some courts don't file on the day of the ticket, but that does not mean it's automatically a DA reject. You did subsequently receive an "official" letter to go to court. The best thing to do on the day of court was to check into the courtroom and have the court clerk run the case number. You may have a warrant out and not know it, or... you may have just gotten really lucky if they lost track of your case, which means stop posting so they don't catch on. Best of luck.

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  5. Car accident - reported to DMV or not?

    Answered over 1 year ago.

    1. Robert Bruce Kopelson
    2. Richard Marc Katz
    3. Jason Todd Studinski
    4. Gabriel Dante Mazzitelli
    5. Christopher John Gansen
    6. ···
    12 lawyer answers

    Ask your attorney for the letter or form that he sent to the DMV reporting the accident. If he can't produce it, call the DMV and ask them what you need to do to get back on track. It's usually an SR-22. Explain to them that your attorney told you he reported it and that you thought this aspect was taken care of. Much luck.

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  6. At plea hearing soon for a 2nd DUI if I plead guilty and they have jail time will I be taken on the spot from the courtroom?

    Answered over 1 year ago.

    1. John Rich Coniglio
    2. Greg Thomas Hill
    3. Michael Kevin Cernyar
    4. Victoria L Clemans
    5. Susan Marie Hearne
    5 lawyer answers

    94 hours is mandated by statute. I have seen exceptions to this but it's generally house arrest (very expensive) or residential treatment. You can have your lawyer ask for a surrender date. Some courts will give you two months to get your affairs in order. LAW OFFICES OF VICTORIA CLEMANS.

    13 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Committed a traffic violation. The police report said that I failed to remain at the scene of accident. Should I plead guilty?

    Answered over 1 year ago.

    1. David Lee Fiol
    2. Alan Ray Barnes
    3. Victoria L Clemans
    4. C. Donald Briggs III
    5. Christian K. Lassen II
    6. ···
    10 lawyer answers

    That is way more than a traffic violation which is an infraction. That is a hit and run which is a misdemeanor. You will need a lawyer because this could mess up your immigration status and you have to deal with the case against you, should one be filed (it most likely will). Contact a lawyer in Arizona for a consultation.

    12 lawyers agreed with this answer

  8. Criminal defense

    Answered over 1 year ago.

    1. John M. Kaman
    2. David Patrick Vaughn
    3. Dan Eugene Chambers
    4. Joel W. Bailey
    5. Andrew Stephen Roberts
    6. ···
    9 lawyer answers

    The statute of limitations is 3 years, however, you could still be prosecuted if you received notice in the mail, went to court, and got arraigned and then blew off the court. In that case, you purposely aged the case and the statute was tolled (meaning it stood still) and if this were the case unfortunately you could still be prosecuted. That is why you need to speak to a lawyer PRONTO! LAW OFFICES OF VICTORIA CLEMANS, ESQ.

    12 lawyers agreed with this answer

  9. Implications of a petty theft in California?

    Answered almost 2 years ago.

    1. Victoria L Clemans
    2. Christine C McCall
    3. Michael Kevin Cernyar
    4. Vijay Dinakar
    4 lawyer answers

    Why are you checking her background? It sounds like she smartened up and obtained a lawyer for the second petty theft, since they are "priorable" which means the plea bargain she is offered will have an enhancement. She probably got released on her own recognizance, and the matter may still be pending. Macy's loss prevention rarely gives civil compromises, so perhaps her lawyer is pushing it to trial for the best offer or an infraction (unlikely, unless it was under $50.00) The law changed...

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  10. Does entrapment still exist as a legal defense for jury trials? How does the jury react to these cases?

    Answered over 1 year ago.

    1. Joseph Briscoe Dane
    2. Stephen Troy Allen
    3. Richard Wynn
    4. Victoria L Clemans
    5. Darryl Elliot Young
    6. ···
    7 lawyer answers

    The dye has been cast. They took the trespass deal, which isn't bad. You can't ever guess what a jury will do. A lot of it depends on the attorney's preparation of a defense strategy, the facts and evidence of the case. Sometimes you just have to roll with it. In this case, they chose not to go to jury trial so that was their decision to make. Hopefully they got a 12 month or 24 month probationary period and they can apply for an expungement or early termination. They can always speak to...

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