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Greg Thomas Hill

Greg Hill’s Answers

9,611 total


  • My boyfriend case is inactive and suspended what does it mean ?

    Hello my boyfriend is currently doing some jail time for some possession . Back in 2010 he was caught with a gram of marijuana and did not show up to court . But now since he's in jail will he have to stay longer because of that misdemeanor . The ...

    Greg’s Answer

    Most likely, once your boyfriend finishes up in Sacramento County jail, he will be taken to court in Amador County to answer on the possession case. He ought to retain an attorney on that case to argue for dismissal under the Sixth Amendment right to a speedy trial under Serna v. Superior Court because it is a misdemeanor. Good luck to him.

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  • Can I be a real estate agent with felonies pending against me right now?

    Currently waiting for my first court date, I am being charged with HS11378 and HS11379(a). I have a very good lawyer and I am 19 in college with no criminal record. Should I try to get my licenses before my court date? Or would I be able to get it...

    Greg’s Answer

    Right now, I think you would be denied such a license. Wait until the pending case is resolved - maybe your attorney can get it dismissed. If that happens, you should then apply for your real estate license.

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  • Charges are VC10851a and 496d a with probation violations on misdemeanor drug case that was reduced under prop47.

    Also this friend has a drug case that is over in another county but never went back to get charges reduced under prop47 so is still on formal probation there but is not required to see a probation officer and the case is closed. The vehicle involv...

    Greg’s Answer

    I would say no, as the charges are not drug-related - 10851 and 496. In terms of jail time or prison time, it is possible for sure, but how long is tough to say without reading the full report, knowing if there will be a probation violation, knowing who the DA is, who the judge is and knowing whether the family member wants charges dropped. Good luck to your friend.

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  • Arrested for DUI Drugs/23152 (e) vc, have a question about DMV APS hearing.

    Hello, was recently arrested for DUI Drugs in San Diego, California. As for my DMV hearing, I'm curious as to what the chances are of DMV setting aside my licence suspension if my BAC was 0.00. Also, what other factors can come into play on th...

    Greg’s Answer

    You will probably win at the DMV, in my experience. No other factors come into play for this specific charge at a DMV hearing other than the first two issues the DMV must consider at every hearing: 1) Did the officer have reasonable cause to believe you were operating a motor vehicle in violation of VC 23152 or 23153; and 2) was the respondent (you) placed under legal arrest. Both of those are usually resolved against you, but the third issue, whether you had a BAC of 0.08% or higher by weight of alcohol, will resolve in your favor. Therefore, you license suspension will be set aside.

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  • Do I need a gaming attorney? I was intoxicated while gambling.

    I had a few drinks at the bar at the airport. I few drinks on the plane, and a bottle of champagne at the casinos hotel. I was served more alcohol while playing at the tables and was beyond drunk that I could not count my chips. I only stayed bec...

    Greg’s Answer

    I think so, as well as the police. There are rules that address a casino's duty to remove visibly drunk patrons to prevent the very thing that happened to you. Good luck to you.

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  • I went to jail 3 months ago for 3rd dwi and now i have a court date . what is this for?

    dwi in commercial vehicle

    Greg’s Answer

    Good question. It is hard to really answer this without knowing more facts such as how long were you in jail? Were you in jail after entering into a plea bargain? Were you convicted? You may want to discuss the case with your attorney who knows your case facts.

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  • OCI - Overseas Citizenship of India application with Expunged DUI record.

    Do I have to mention Criminal record details in OCI application even though it was expunged/dismissed - DUI happened in 2009 - Expunged in 2013. - Got my US citizenship 2014 So the question does Indian Government has access to US ...

    Greg’s Answer

    Good question. I would ask an attorney in India who deals with immigration issues. Good luck to you.

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  • I got 2 Dui In 2010 in ky where I used to live And I've got a feloney warrant in Ky. So I moved to Virginia I called the DMV in

    Ky and they said I had to take drug and alcohol classes and I can do them in va but will the dmv in va see those warrants when I go to get my license in va and take me to jail. Any advice would help. Thanks

    Greg’s Answer

    Good question to ask of a criminal defense attorney in VA. In CA, the answer is no. In CA, you will not be arrested for out of state warrants at the DMV if trying to get a license. I suspect it is the same in VA, but ask a VA criminal defense attorney, please. Good luck.

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  • I am 19 years old and the other night I got an underage DUI, I blew a .05 and underage only allows for a .02.

    There are a few things about my case that I am curious about: this is my first offense, and I didn't blow extremely high, could I get this mistake deferred and dismissed so it doesn't stay on my record? I passed the other sobriety tests, but blew ...

    Greg’s Answer

    I am not licensed in Montana, but I think I can tell you your case will not be thrown out because the BAC is reported as 0.5 in the report. it also is legal for the officer to contact you after you park and turn off your car's lights.

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  • Why is the "constitutional vagueness" of jury instruction less meritorious than "constitutional vagueness" in state statutes?

    Shortly after the 6/25/2015 U.S. Supreme Court Johnson v. United States (No. 13-7120) ruling making ACCA residual clauses "unconstitutionally vague," a law professor argued in the Daily Journal that now all CA second-degree felony-murder convictio...

    Greg’s Answer

    It matters on the jury instructions you have in mind and what arguments you can make as to their effect.

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