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Greg Thomas Hill's Answers
- 15 Legal Answers
- 106 Legal Guides
3
Attorney answers:
I was arrested for drunk in public 3 time in a year in different counties. They never charged me, let go with detention only.
The arrests resulted in no criminal filings. That alone suggests the officer was mistaken. However, if you are arrested again on the same charge and the DA or City Prosecutor does decide to move forward with charges, the prior arrests will cast a long shadow over how lenient the DA can be in negotiating a disposition. I would anticipate having a requirement to attend AA if you are again arrested and finally charged on such conduct. The arrests do appear in certain background checks but do...
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3
Attorney answers:
Does this still count as stealing?
Changing tags on merchandise is theft once you obtain the item by paying the lower amount and attempting to leave the store with the item. The best strategy toward trying to resolve the case is to attempt a motion for civil compromise with the store to have the case dismissed (my office is in Torrance, so I deal with these cases in Redondo quite often). You can also attend an online shoplifting course (and graduate from it ofcourse!) to help you negotiate the case down to an infraction or...
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2
Attorney answers:
I have a friend who has a prior criminal conviction he got back in 1997 and he just got arrested caught new charges with a strik
I agree with the answer given by Mr. Bogan. A "Romero Motion" is what your friend needs to consider filing to have the prior strike removed for purposes of sentencing. While 1997 is fifteen years ago, what has your friend been up to since then? After the 1997 conviction, did he serve time? If so how much? If he served time, did he then complete parole without incident? Since 1997, has your friend even been charged with anything except for the currently pending charge? Is the person...
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4
Attorney answers:
I was caught shoplifting at kmart in California and need help.
My answer differs from those of my colleagues. I assume you will receive a notice in the mail that you must appear in court. When you appear in court, your goal should be to have the case reduced to an infraction for petty theft (Penal Code section 490.1). You do not want a misdemeanor on your criminal record, i.e. for Petty Theft (Penal Code section 484). An infraction is civil, not criminal, in nature, so a "conviction" for an infraction does not go into the Department of Justice database...
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4
Attorney answers:
SHOPLIFTING
If you did not yet leave the store, as you indicate you were still in the store, I am unclear how this case is being brought at all. Did you have a chance to pay for the bag? Were you arrested merely for carrying the bag around the store? Putting that issue aside, intent may be established by circumstantial evidence, so merely saying, "I did not intend to take the bag" really does not work. As to the video tape, I find such tapes usually only show you in the store walking around, which...
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2
Attorney answers:
What should I expect when I go to court for violation of probation??
Assuming your upcoming court date is an arraignment, you should expect a district attorney to have a rather tough initial offer and press you to admit the violation immediately. While I do not know the specifics of your sales case, any other prior criminal activity or the context of the assault and battery, the district attorney may view the assault and battery case as nothing more than a simple continuation of a trend of disrespect for the law. In California, the burden of proof on a...
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3
Attorney answers:
Is it possible to have my probation dropped to go into the national guard?
The answer is generally yes, but as one of the other attorneys commented, you are probably quite premature on seeking early termination of probation. I do a lot of these motions and I find that courts usually like to see at least half of the probationary period completed before considering early termination. What might help is having a letter from the National Guard's office of admissions (or a similar position) confirming that you will be accepted to the Guard if the court terminates...
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4
Attorney answers:
Dui lawyer
You have the right to challenge whether the officer had a reasonable suspicion that you were doing something illegal that led him to stopping you. Please keep in mind that the reasonable suspicion can be that you were simply speeding, making an illegal lane change, or any of dozens of other things and not necessarily DUI. Once he pulled you over and became aware that alcohol might be involved, he had the right to further question you about your intake of alcohol. Your credibility with the...
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2
Attorney answers:
What is the time served law on county jail time in Los Angeles California.
The answer previously given is correct in most scenarios. However, if the sentence involves a requirement that the defendant serve 85% of the time, the 1 to 1 credit does not apply. Then it becomes mathematically a little more difficult, but basically for each day in jail awaiting a sentence, the defendant gets 15% credit toward another day. So after seven days, credit for eight would apply.
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1
Attorney answers:
How much jail can you face if you are being charged with felony taking a car without consent, misdeminer suspended driver lic
I hate to answer your questions this way, but the answer is "it matters." I would need to know your prior criminal history and more about the nature of each offense. For example, was taking the car by force? Was a firearm used? Was the taking from a vulnerable person? These offenses can involve very serious time in sentencing - and it is not jail (less than one year in custody). It is prison (more than one year behind bars). Driving on a suspended license is far less serious, but it is...
1 person marked this answer as helpful