John Roger Blanchard's Answers

Refusal to testify Can I plead the 5th?

A subpoena is a court order. If you are PROPERLY SERVED (by someone personally hand delivering you a copy of the subpoena) you are obligated to show up to court. Of course, the DA will likely represent to the Court that you HAVE been properly served, when in fact you have not, and the Judge will not only believe them, but will issue a "body attachemt" (aka an arrest warrant) for you. Only by coming to court and challenging that you were served properly can you avoid that. But then again,...

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Ticket for no drivers license.

You are asking two different questions. First, can you recieve a ticket for driving without a license? The answer is "yes". Second, can you get a ticket for not having proof of valid registration? Again, "yes". Remember, driving is a "privilege", not a "right". Thus, the State can institute all sorts of rules to regulate the roads. Of particular importance to the State is the ability to generate revenue from those who do not follow the "rules of the road", such as having a valid CDL and...

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Charged with Pc 242-243e 1 count DV

If I understand your statement, you are the WIFE and you were arrested for injuring your husband. I find it interesting that the DA would change the charges from 273.5 to 242-243e. I suspect that they realize that their case is weak. The DA probably realized that the wrong person was arrested but hey, he did have scratches on his face so what the heck...Let's charge the wife. If he had been arrested, I suspect that I would be responding to his question right now instead of yours. If you...

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Misdemeanor- Petty Theft 484(a) - 488 PC, Please HELP!!

What happens next is largely a function of the mood of the prosecutor. Some are cool while some are not. With no prior record, you will likely be granted probation. Usually "diversion" only happens in drug cases. But I wouldn't run to the gallows so quickly if I were you... Did you admit your guilt to the police? Or to the employees of the store? Did the others "rat" you out? If not, depending on the evidence against you, you might be able to fight the case and WIN! A reading of the...

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Civil action against police department

Whether you can win a lawsuit against the police will depend in large part on the evidence they had against you in the first place. Remember, while you may have been innocent of any crime, there are lots of bad people out there and the police must be allowed to investigate crimes and make arrests. To arrest someone only requires "probable cause" while a conviction requires "proof beyond a reasonable doubt". There is a world of grey between those two standards. So while you may have been...

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CA tort laws, defective and dangerous products

WOW! Scary. Thank goodness no one was hurt. That being said, physial injury is not the only type of injury upon which damages can be awarded. The law is FILLED with cases where "things that don't belong there were found", no one was (physically) hurt, but damages for the emotional shock/stress are awarded. While calling the police isn't a bad idea, someone might want to call the company this product came from. A press release might also be issued. You would be surprised what a little "...

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Domestic violence

Yours is a typical case of "he said, she said". Depending on how credible the witness is will dictate your chances of beating the case... And whether or not your ex was injured... And on how consistent your ex's statements to the police and her witnesses... And any statements you may have made to the police... DV cases are aggressively pursued by the DA's office so you will need an aggressive lawyer to fight for your innocense. If you have the PD and s/he seems to be on your side, stick...

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CA juvenile criminal code, consequences for shoplifting

It's too late to tell you this, but no one can MAKE YOU sign anything! This is America and we don't do things like that here. As for the $500.00 fine, by law, a store can demand UP TO $500.00 for their trouble of having to deal with a shoplifter. Of course, you can ask them to accept less money. But don't offer to pay anyone anything until you receive a formal, written demand from the store itself. As for their threat that you will be arrested if you ever come back to that store, while...

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When should you choose a criminal attorney?

Please remember these seven simple words: YOU HAVE THE RIGHT TO REMAIN SILENT! While trying to hire a lawyer "just in case" might seem prudent, what kind of lawyer should you hire? Some lawyers limit their practice to narrow areas of the law. For example, some "criminal lawyers" only handle drunk driving cases but not robbery or murder, while others may handle robbery and murder but not drunk driving cases... So hiring a lawyer "just in case" seems a bit pointless until you know what you...

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CAN MACY'S SECURITY WATCH YOU THROUGH THE FITTING ROOM DOORS?

To put a little more meat on the bones my colleages gave you, in a criminal case, you are protected by the United States Constitution and its Amendments. But those documents were drafted to protect "We the People" from the unbridaled power of the State; in other words, the police. Neither the U.S. Constitution nor the Amendments thereto prevent civilians, such as Macy's security, from doing the things the State is prohibited from doing. By way of example, under the 4th Amendment to the U.S....

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