Matthew J Ruff's Answers

How much time can my Boyfriend get for False imprisonment? and can he get a plea bargain?

It is unlikely you will be convicted of a false imprisonment on these facts. The bottom line is that the criminal law requires proof beyond a reasonable doubt and your case certainly does not meet this burden.

DUI- Ignition interlock device

A IID is only required for a conviction od a DUI, you will only be required to install an IID if the Court demands it

Is the following consirederd some form of rape or assault in California. What is the statute of limitations?

In California it is rape if the person uses alcohol to get someone to have sex without their consent.

What rights do you have if on probation and asked to take a polygraf examination?

The question of whether one should take a polygraph or lie detector test is one asked of many people suspected by the police of committing a criminal offense. Often, a law enforcement investigator or police detective will ask a suspect to submit to a polygraph test in order to "get their side of the story". In my experience, having been a criminal defense attorney for well over a decade and having personally handled well over two thousand cases, the police usually use the request to submit to...

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Is a statement given to police while intoxicated valid in california?

California will admit any statement as evidence if it was voluntarily given. The question as to whether it is a true statement is up to the jury to decide. I would speak with a domestic violence attorney who can help explain the circumstances around which the statement was given.

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How much jail time am I looking at for DUI probation violation?

Probation revocations in DUI cases typically involve a multi step approach. The first action is that the prosecutorial agency or probation department makes a determination that the individual has in fact violated the terms of his probation. Second, is the initiation of formal revocation hearing proceedings. In many cases, the Court may make a preliminary decision to revoke probation based on probable cause contained within the four corners of a DUI police report or probation officer's...

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My husband got speeding ticket in california and then got three speeding tickets in a year in colorado his licence is suspended

He should request a DMV hearing to challenge the suspension.

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I'm being charged with shoplifting, what is the routine court process like?

Slow down! Before you plead guilty you should consider speaking with a lawyer who specializes in petty theft/shoplifting cases. In many instances, with the help of a lawyer, the case can be reduced down or there may be a diversion program that would allow the case to be dismissed.

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My son signed a paper from a retailer for accused of shoplifting. How do I found out what he signed?

The signed documents will likely be part of the criminal discovery which will be provided when he goes to Court.

My son was charged in May 09 for burglary and public intoxication . He spent the night at a friend's house. They got drunk

Burglary is a specific intent crime, being intoxicated is a defense to these types of intent criminal acts in california, check with a local lawyer to see if the same defense is available in your state.