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Ann Anat Gottesman
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Ann Gottesman’s Answers

201 total


  • I just pleaded guilty to talking to an undercover prostitute

    the day i got arrested i had no cash with me i just talked to her and because of that it meant i was trying to pick her up now i pleaded guilty i got a lawyer and they couldn't drop anything so its a misdemeanor then my question is if i apply at a...

    Ann’s Answer

    If you had a strong defense then I don't understand why you plead guilty. A misdemeanor will show up on your DOJ background check. If asked, honestly is usually the best policy. I don't know what evidence the prosecutor had so I can't opine on whether you made a huge mistake by pleading guilty to a crime you may not have committed, so I strongly urge you to talk to your lawyer since he or she has all the facts and hopefully your lawyer advised you to do what was in your best interest. Good luck

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  • If I put myself on calendar in la county will they remand me or let me go back to work since its been 14 yrs since misdemeanor?

    i think it is for not completing probation and paying fines on misdemeanor charges in 2001. Charges were possibly 11550, possession of paraphernalia, prostitution, soliciting, lewd conduct, loitering, possession of switchblade, possession of marij...

    Ann’s Answer

    You REALLY should hire an attorney for this. If a misdemeanor, an attorney may be able to go to court for you without you having to drive 5 hours. If you're a single mom you really can't afford to risk going in alone. However, if you also can't afford a lawyer then make sure to request the services of the public defender when you get to court. Good luck!

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  • How do I Motion to Dismiss as a means to expunge a felony that cannot be reduced (as denied on first attempt to expunge)

    Hindering factors: County time served as fulfillment of a 2 year sentence (pursuant to PC1170 h 1 and h 2), case terminated, no probation (therefore no factors to apply for pardon) Not a drug case. Plead nolo contendere as settlement for...

    Ann’s Answer

    In California you CAN expunge a felony conviction as long as your sentence was 365 or less, you are not currently on probation and you weren't convicted of a disqualifying offense. If you got a 2 year sentence you are not eligible for an expungement. See penal code 1203.4 which is the expungement statute. Sorry but it appears you are not eligible for an expungement on this particular case. Howecer, if you have other convictions on your record for which you were convicted, successfully competed probation, or if not given probation, competed the sentence of 365 days or less in custody and the charge for which you were convicted is not on the list of disqualifying offenses, then you may want to hire an attorney to expunge those.

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  • My fiancé accepted a 4 year plea at 50%. It is his first time going to prison, can we still have his sentence modified?

    He is in on a (domestic) violent offence, even though he wasn't charged with a domestic just a violent offense with a non firearm weapon. Forgive me I forgot what the legal term of a skateboard is. He has a prior from 10 years ago.

    Ann’s Answer

    I know it is very very hard to accept your fiance will be in prison for 2 years. But assuming he had a good lawyer, he may have dodged a bullet of many more years in prison. The courts want to see finality in cases so once a defendant accepts a plea and it was done voluntarily ,knowingly and intelligently, going back and withdrawing the plea is rarely a good idea even if a judge allowed it. For example if your BF had a deal where a 3 year enhancement was stricken for great bodily injury, and he then withdraws his plea, the DA will not make that offer again most likely. If he goes to trial and is convicted on all charges he could end up getting more time! All his attorney these questions as he or she will know all the facts.

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  • What will happen at my dmv hearing?

    Basically I was arrested for a dui. My bac was 0.08. My I have a laywer and he told me my dui was dismissed in court. However we still have the dmv hearing in a week. What should I been expecting? Will I still need to take dui classes and go to m...

    Ann’s Answer

    My goodness you really need an experience DUI lawyer who has a lot of experience handling dmv hearings (APS hearings as they are called). You may need to hire a toxicologist to testify. If you go by yourself you will definitely lose if your bac was a .08 because the dmv can apply a presumption that you were a .08 or higher if you were tested within 3 hours of driving . You can not lay the proper legal foundation to argue a rising defense without an expert testifying. My expert in LA charges $500 to testify so hopefully it won't be much more for you. But you NEED a good dui lawyer to do this correctly. There are calibration and accuracy records that need to be subpoenaed if you took a chemical breath test. If blood test, i always request the chromatographs to see if there's any indication of fermentation or issues with the blood. If you hire a lawyer now, he or she may be able to obtain a continuance of your your dmv hearing date since I assume nothing was subpoenaed. The Ds367 "Age 21 and older officers statement" must also be reviewed by a lawyer for any fatal flaws. Good luck to you!

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  • I made an online rent payment with insufficient funds, expecting a deposit, and a banker approved it - has a crime been done?

    Good afternoon, Recently, I made an ACH eCheck for my rent payment out of my bank for $575.00. I only had $120 in my account, but was expecting an ACH deposit for a refund that ended up being applied to an offset I owed back taxes ...

    Ann’s Answer

    Agreed that you should find a way to add the appropriate funds into your account. It's very unlikely any criminal charges would be filed against you. If the banker makes a police report accusing you of knowingly offering a check that you knew would not be honored by the bank, then a detective may call you. If this happens do not talk to the detective or anyone without first speaking with a local criminal defense lawyer.

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  • On mandatory supervision and out on bail missed court date and got scared and stopped reporting to probation and hearing

    hi I was out on bail and got sick and was in the hospital the day of my court date which I can prove my bail bondsman was really rude and intimidating so I got scared and went into hiding I also stop reporting to probation and didn't show up for m...

    Ann’s Answer

    A lot may depend upon what you were on felony probation for since your question implies you were already on probation when you picked up a misdemeanor petty theft. So you already would have probably violated probation by getting arrested for the petty theft. So unless I misunderstood your question, it appears that you are facing violation of felony probation and the petty theft is the least of your worries. Usually an accused can get diversion for a first offense petty theft . What were you on probation for? Either way you need to immediately contact your lawyer or hire a good local criminal attorney to do damage control. I wish you the best.

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  • I heard that Miranda rights only need to be read if you are interrogated further upon your arrest. There were, (continued...)

    Further questions about my alcohol intake on my ride to jail, as well as not being buckled in while I was being completely compliant. Do I have any argument here? Should I obtain video of the arrest? If anyone has any advice please let me know as ...

    Ann’s Answer

    Dui defense is somewhat of a specialized area of law in the criminal defense field. I would highly recommend hiring a good local dui lawyer to represent you with the dmv and court. Don't waive your dmv hearing rights. They are very important. As far as Miranda, it only applies to incriminating statements made while in custody during interrogation. If your statements during the ride to jail were duplicative of statements previously made during your detention (before the arrest) then the officer's failure to give you Miranda warnings won't make much of a difference practically speaking. However if you made statements about when and how much you drank only after arrest, then the officers failure to mirandized you MAY result in your attorney being able to get the judge to suppress (exclude) those statements from being used against you in trial. The remaining evidence may or may not be enough for the DA to proceed to trial with. This a legal issue an attorney needs to analyze. Hope you hire a good lawyer to help you. Good luck!

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  • My fiance was in prison and he has almost finished his sentencing and a county came to pick him up. He did a 1381 in March 11

    And his councilor did a 1382. He has court Tuesday. They picked him up June 26 so since the 1381 was filed over 90 days upon his pick up does that mean he just goes to court to dismiss his charges in that county? And since his release date July 21...

    Ann’s Answer

    If the 1382 was done correctly and properly served to the DA and if the 90 day period elapsed before your fiance was brought to court on the new charges, then his attorney should be successful in getting those new charges dismissed, in which case he should be released at the time he would normally be released on his old case. I wish you both the best!

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  • Plea deal

    What is standard plea deal for someone charged with felony DV?

    Ann’s Answer

    A lot will depend on the facts of the case such as whether there were injuries and whether you are charged with a misdemeanor or felony. I suggest you hire a good criminal lawyer local to the court your case is filed in. Good luck.

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