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Ann Anat Gottesman
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Ann Gottesman’s Answers

217 total


  • If I have an arrest warrant for petty theft and I go to traffic court to fight a ticket, can they see the warrant and arrest me?

    It's misdemeanor petty theft at a retail store and I want to fight a red light camera ticket.

    Ann’s Answer

    Yes you bet well could be remanded into custody. I agree with colleagues it is safer to clear up warrant first. If you hire a lawyer, the lawyer can probably go and recall the warrant without you. I suggest hiring a local criminal defense attorney to take care of your petty theft case before you go to court on your traffic matter.

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  • PRCS TERMS FOR RELOCATING OUT OF STATE?

    Got multiple DUI's and couple other minor offenses. Are we allowed to move out of state while on PRCS? Do we have to request authorization...to PO or judge? Recently got a violation and was given flash incarceration as well. Thanks.

    Ann’s Answer

    I believe you need permission but your attorney will know the answer. Don't leave before getting an answer since you already have one violation which will result in a judge hammering you more if are violated again. Good luck with this.

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  • I got a DUI 12 years ago. I never took the required DUI classes. Will I get jail get jail time if I go before a judge?

    I got a DUI 12 years ago. I never took the required DUI classes or finished my community service, which was 90 days. Will I get jail get jail time if I go before a judge? I contacted the county court office and got a court date. I am worried I wi...

    Ann’s Answer

    Since you claim you never completed the court ordered community service or dui classes, I assume you have a warrant. Most courts allow an attorney to show up with out you but if you can't afford an attorney, show up to court and ask for a public defender. Go to dmv prior to court and get an H6 printout (driving record)and see if you can enroll in a dui class using that. Then when you go to court you will have proof of having already started the dui class. That should help. But not doing any community service for all these years will definitely not make the judge happy. Still, there is a decent chance you won't go to jail if you show you already started the dui class and are motivated now to fulfill all the courts requirements. Good luck!

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  • Do i need to request a dmv hearing without a notice of suspension form?

    I was arrested yesterday for dui violation code 23152(a). I perform the Fst's and breathalyzer without knowing there not requiered by the law. I took the mandatory chemical test, first blow was .8, second blow(within seconds) was .7 When i was ...

    Ann’s Answer

    Your facts indicate you have a very defensible case! I highly recommend hiring a good local dui lawyer to represent you. Even though you did not receive a notice of suspension it is prudent for you or a lawyer to contact the driver safety office and fax a request for a hearing just in case some officer notified dmv and mistakenly failed to give you the paper. Not worth the risk of waiving your hearing rights. I'd suggest hiring a DUI lawyer to do this and to represent you in court. Good luck!

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  • Got a first time DUI want to know if I will be suspended twice.

    I got a first DUI and my court case is in West Covina in September. I have a DMV hearing coming up this Friday and my blood alcohol was a .14. If I lost my DMV hearing and then have to plead guilty in court will I get my license suspended twice or...

    Ann’s Answer

    You still have time to fight the dmv. I know the hearing officers at the drivers safety offices in Los Angeles and you will be granted a continence IF you hire an attorney NOW. You won't have a chance without an experienced dui lawyer. Evidence outside the police report must be subpoenaed : calibration records and accuracy check records for breath, blood documents and chromatography if blood, video from patrol vehicle if it exists which often does, etc...yes there are 2 suspensions but you get credit for part of it. Why just give up and plead guilty? Better to have a good lawyer check under every stone to see if there's a defense or technical mistake or constitutional issue. If you can afford to, I suggest using avvo to select some good dui lawyers on this list with whom you can have a free consult and then hire one asap. Good luck with your case.

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  • Is it possible for my record to be dismissed or even destroyed?

    When i was 11 I got into a fight at school and pulled out a knife and got charged with battery and brandishing a weapon (these charges may have already been dismissed, im not sure). then when i was 15 i got into another fight at school and got cha...

    Ann’s Answer

    Agree with attorney Finnecy. Some juvenile crimes can be sealed. As far as law enforcement, while they look closely at any criminal record, I do know of a local police officer who claims he did get in trouble with the law as a juvenile growing up in the inner city but as an adult changed his life around and has been a sworn police officer now for about 20 years. Good luck!

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  • Diversion without plea

    I was recently offered a diversion for a misdemeanor assault DV charge. The diversion agreement indicates that I have to enter a plea of guilty to enter the diversion program. I work in law enforcement and if I make a plea of guilty or no contes...

    Ann’s Answer

    I really can't say. But your attorney should know if he is a local to that court your case is in. Good luck!

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  • Can I remove petty theft from my record ?

    Hi there I use to work for retail store and for all the return stuff or damage they put it in the garbage So I took some of this stuff and I didn't know that was wrong cause it garbage no price no use Then they arrest me and I went to cour...

    Ann’s Answer

    You can get an expungement after one year in a petty theft infraction.Apparently, you can now file one as more than a year has passed. This means that your record will show the charge was dismissed as opposed to showing a conviction. I wonder if there was a defense your lawyer considered before you plead guilty such as the property was abandoned? Either way at this point, short of withdrawing your plea (which is probably too late to do) and starting your case over as a misdemeanor, you simply have to file a petition for dismissal under penal code section 1203.4 (called an expungement )and your no contest or guilty plea will be withdrawn, a not guilty plea entered, and your conviction dismissed. After the expungement, if asked on a job application (excluding government and law enforcement jobs ) if you have ever been convicted of any crime you can say NO. Since this was an infraction, you probably won't even be asked about it because it was not a misdemeanor or felony. But getting the conviction dismissed is still a benefit for you if you are job hunting. Many attorneys will charge a modest fee to do the expungement for you. Good luck!

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  • What will be the likely sentence?

    my friend was charged with petty theft and this is her first offense. she is 16

    Ann’s Answer

    I Agree with attorney Finnecy. Diversion is likely on a first offense. A 16 year old may not even have to go to court depending upon where this took place. In Los Angeles most of these type of offenses are now being referred to the probation Dept office where a judge talks to the parents and juvenile and an informal diversion agreement is made. A little community service will normally lead to a dismissal if she doesn't get in trouble again for a certain period of time. If the case does go to the juvenile court usually a diversion offer is still made where the juvenile can earn a dismissal. Contact a juvenile criminal lawyer in the area where the incident took place and a local lawyer who know more.

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  • If someone who just got out of prison for home invasion for 8years gets arrested for the same charges how much jailtime is that?

    Repeated offender.

    Ann’s Answer

    I agree with attorney Dane. 8 to life or anything in between depending in charges and enhancements. Basically, if convicted, he's looking at a lot of years and should have a really good criminal offense attorney. You can use AVVOs attorney search option to find a good local criminal lawyer if you are able to hire a private lawyer.

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