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Andrew Joseph Bouvier-Brown
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Andrew Bouvier-Brown’s Answers

261 total


  • There's more to the story and won't let me fit it in the paragraph below I just want to know did they have the right to search

    I got pulled over cause the officer said he was with some DUI check program and pulled me over cause I went to turn right I realized it was the wrong street and kept going straight. So he asked me to take the test. I said Breathalyzer me and he sa...

    Andrew’s Answer

    Look, with all due respect, I know people find it frustrating that attorneys answer "you need to call and speak with a lawyer"-- but really, that's what you need to do here. There is just no way that a reasonable analysis of a search and seizure related question such as this one can be conducted in this forum. I know you titled the post here "I just want to know...", and that sort of makes it sound like you anticipate that there would be a clear-cut answer to this kind of question. There isn't. Search and seizure issues are incredibly complex, not only in just the letter of the law, but in the potential application of that law to your individual circumstances. Trying to ask a question about your specific situation and how search and seizure law applies over an internet forum is not going to produce helpful answers for you. You really, really do need to seek out a free consultation with an attorney, directly, in a confidential forum, either face to face or at least by phone.

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  • What is the average amount of jail time he will get, and also should he fight this with a public defender?

    My brother recently got a DUI along with a misdemeanor, "unlawful taking of a vehicle". What is the average amount of jail time he will get, and also should he fight this with a public defender? He does not have any money to pay for a private atto...

    Andrew’s Answer

    If your brother truly cannot afford an attorney, the answer is always YES, USE THE PUBLIC DEFENDER. There's a reason why the state is required to pay for your lawyer if it decides to charge you with a crime: you really, really need one, so much so that it's just not fair to make you do it yourself. The public defender's office will give your brother a qualified attorney to help him with this situation, and he should do so. If he decides to take a deal later, it can't be made worse by the fact that he exercised his right to have an attorney.

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  • Does pc 1385 mean I'm innocent ??

    I was arrested on DV case and I plead not guilty. My lawyer showed strong evidence to Prosecutor That I was not guilty. The prosecutor says his sorry for Injustice that happened to me. Now, the court document says "disposition :dismissal in furt...

    Andrew’s Answer

    You'll want to contact someone for an evaluation of a potential "Petition for a Finding of Factual Innocence," which is described in Penal Code section 851.8. They are a little bit complicated. Your prior lawyer would be a good place to start, but it's not strictly necessary that you use the same attorney.

    Understand that it may or may not be economically worth your while to bring that kind of petition. Its actual impact on your life is a little bit limited-- it clears the record of your arrest out, but generally speaking, only law enforcement is supposed to be able to view your prior arrest history anyway, so that doesn't always make much difference for people. It's very much a case-by-case situation.

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  • What should I do about not receiving my fine and what does booking require mean. Will they take me to jail(it was under 50$)

    I was caught shoplifting from kohls in ukiah ca and they called the police and gave me a court date with a booking required the guy was harrrasting me telling me I will go to jail and kept me in the office at kohls for about 1 hour then called ...

    Andrew’s Answer

    You really do need a lawyer for this one. You should NOT be responding to anyone (or anything send to you ) from Kohl's. You may get a letter in the mail from some giant law firm telling you they are demanding a payment; ignore it until you've obtained the advice of your own lawyer. Don't respond in any fashion.

    You need to obtain an attorney before your first court date. If you can't afford a lawyer, you have a right to have the court pay one for you-- usually the public defender. Take advantage of that right. Don't try to handle this yourself.

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  • What should I expect?

    I was caught shoplifting and now I have to go to court. The amount of the stuff I took was $74 and its my first offense. I can't afford a lawyer. Do I plead guilty or no contest? Please help. What should I expect after pleading? Could I go to jail?

    Andrew’s Answer

    You're entitled to have a lawyer appointed by the court to represent your interests-- the public defender's office, in most counties. You absolutely should take advantage of that right. If you truly can't afford to pay a lawyer yourself, let the government do it for you, and rely on that public defender's advice. Nobody here can really give you a sense of what you should or shouldn't do in your specific case; it's unethical, as well as impractical.

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  • How do I reslove a warrant?

    When I look up my information through the court system it shows there is an active warrant for my arrest due to FTA on a small claims case. I want to try to make payments or something but I can't seem to get a live person and I think if I show up ...

    Andrew’s Answer

    I'd suggest you ask this question in another forum. While there may be a warrant out for you-- I'm aware that there are some very limited circumstances under which a civil court can issue a body attachment/bench warrant-- it's not really a "criminal defense" matter. I'm suggesting "Lawsuits & Disputes" as the best practice area to ask this.

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  • Am I obligated to pay for the instructor's "no show" DUI classes?

    I am on the 3 months court ordered DUI program. On 3 occasions the instructor didn't show up, so after 10 minutes the entire group went home with the credit for the class given but also charged for the class as it actually took place as well. Is...

    Andrew’s Answer

    This is very dicey situation, as my colleagues have noted. You should be quite careful. These programs are sometimes run by professionals-- and sometimes run by fly-by-night operations who should never have been credentialed in the first place. The real difficulty here is that you're saying you were "given credit" for receiving education you didn't actually receive, and I assure you that the judges in this area will not be happy about that and will not be willing to consider your obligation satisfied.

    The organization itself is not going to want anyone to report this no-show instructor and their program to the courts, for fear of losing their credentials as a program with the court. But that doesn't mean they're likely to do the smart thing and just refund people's money. In fact, they may be running an operation that is shady enough that they're expecting people to be happy with this situation and just shut up and take the credit.

    So, what to do? First of all, talk to the lawyer who represented you on the DUI about it, and take that person's advice over anything you read here or on the internet generally. Second, as others have said, proceed with caution-- think carefully about whether you want to stick your neck out and risk having to pay to do the classes a second time while hoping to get a refund out of this lousy program. Rocking the boat might not be the way you want to go; it's a decision you'll have to make for yourself.

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  • Will I be charged with a dui

    I used very poor judgement and was pulled over for speeding. Prior to that I had 3 drinks In 1hour and 20 minutes I weigh 210lbs I also ate whole medium sized pizza during that time. I ended up arrested for dui. I took a blood test about 1 hou...

    Andrew’s Answer

    I generally agree, but not completely, with my colleague. There is some variance here in the way each local jurisdiction is going to handle this. There is a version of DUI which does not require them to prove that you were over .08, technically speaking (though the details of that are not worth getting into), which means in SOME places, they might try to charge you even if you were at a .07... depending on how badly you were speeding. But I wouldn't freak out about that possibility; you should just be aware of it. In a lot of places, my colleague is correct: under .08, you're not getting charged with DUI, as an almost hard-and-fast rule.

    I think this is certainly a situation where it is worth your time seeking a more detailed, full consultation with an attorney. Perhaps you won't find yourself needing to hire someone, but it's better to be prepared.

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  • What is the current percentage of sentence at Lynwood Women’s/Century (LA County)

    Convicted of 4 counts G Felony ID theft. No priors. Judge also gave a TRO so she doesn't qualify for Electronic monitoring- All 4 count against husband ( who is a cop)

    Andrew’s Answer

    Even in the men's population, word is coming out (including some reporting in the press) that inmates are doing all of the time they're supposed to do-- meaning, generally, 50% of whatever the person was sentenced to. With that being the case in the men's population, I'd have a hard time expecting anything less than the full time. As my colleague noted, anything less would be a gift.

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  • I had a misdemeanor hit and run case in Van Nuys. The case was filed but dismissed in the trial court. I want to seal my record

    I had a misdemeanor arrest and was prosecuted for it. The case was dismissed in the trial court. No conviction. To get rid of the arrest do I still have to file with LAPD and wait 60 days or I can file in the court and get it done quicker? I need ...

    Andrew’s Answer

    In addition to what my colleagues noted-- you should absolutely use an attorney for this process, they're tough to win-- understand that you won't actually wind up going through the filing-with-the-LAPD process (yet another reason to use a lawyer; it's too confusing to do on your own.) Because a case was actually filed against you, and then eventually dismissed, you follow a different procedure and file directly with the court.

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