Tarek Shawky’s Answers

Tarek Shawky

Pasadena Criminal Defense Attorney.

Contributor Level 8
  1. Should we hire a different DUI refusal attorney?, and can we get any of our money back if the case is not complete?

    Answered about 1 year ago.

    1. Tarek Shawky
    2. Elliot Rahmim Zarabi
    3. Maltaise E Cini
    4. John M. Kaman
    5. Patrick Owen Earl
    6. ···
    6 lawyer answers

    You are always free to talk to as many attorneys as you like and decide whether you want to choose someone new. It's always advisable to speak to multiple specialists, whether it's a legal, medical, or any other issue. Talk to someone soon and get a free consultation and make that decision after the attorney has more facts and details about your case. As for the refund. You have to look at the contract and see what it says about a refund for work not yet completed. If you and your lawyer...

    10 lawyers agreed with this answer

  2. Was arrested for DUI and received both 2315(a) and (b), but on my booking form its just (a).what does this mean?

    Answered 9 months ago.

    1. Sharon Paris Babakhan
    2. Tarek Shawky
    3. Philip Daniel Hache
    4. Anthony Michael Solis
    5. Dan Eugene Chambers
    5 lawyer answers

    The booking form probably only has the (a) count because that charge only requires "driving under the influence." The (b) count requires that the prosecution prove your blood alcohol level was over .08%. If you claim that your breath test BAC was below .08% then they may only be able to prove the (a) count. The prosecution will file whichever charges they believe they can prove. Wait to see what charges are filed against you, the police do not make that decision, only the prosecutor can....

    8 lawyers agreed with this answer

  3. I was pulled over and recieved a dui but i feel there was no probably cause for pulling me over i had a crack in my windshield i

    Answered about 1 year ago.

    1. John Paul Thygerson
    2. Tarek Shawky
    3. Charles K. Kenyon Jr.
    4. Michael Korry Bialys
    4 lawyer answers

    Unfortunately this is a very common situation for many DUI clients. Police will find anything they consider "unlawful" as a reason to pull someone over, and once they contact you, if they believe you consumed any alcohol, they will conduct their DUI investigation. The reasons for the stop are nearly limitless. Stops can be for a cracked window, broken tail light, missing license plate, air freshener hanging from the rear view mirror that is obstructing the drivers view (no joke, it happens a...

    8 lawyers agreed with this answer

  4. I'm on prop 36 and tested positive would I be send to jail if I go to see the judge

    Answered about 1 year ago.

    1. Tarek Shawky
    2. Gayle Anne-Marie Gutekunst
    3. Eric Darnell Anderson
    4. Michael Douglas Shafer
    4 lawyer answers

    You were granted probation when you pled guilty and agreed to complete Prop 36. A dirty test usually results in a probation violation. Each judge, prosecutor, defense attorney, probation officer and defendant are different and the outcome of the violation will depend on input by each of those people. The judge will consider everything that is presented, including your prior record, the terms of your probation agreement, your life prospects such as whether you have a job/apartment that...

    Selected as best answer

  5. I have been subpoenaed as a witness to testify in a criminal case from the District Attorney AGAINST My bf i dont want to go!!

    Answered about 1 year ago.

    1. Tarek Shawky
    2. John M. Kaman
    3. Harry Edward Hudson Jr
    4. Steven Allan Whitworth
    4 lawyer answers

    You have the right to remain silent when you are the defendant. Witnesses however do not have that right. If they are personally served with a subpoena then that serves as a court order, and failing to follow that court order may result in the issuing of a bench warrant for failing to appear, and it may result in a misdemeanor charge for failure to comply with a court order. I have personally never seen a judge issue a warrant for a witness who did not appear, but I know that it does happen...

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  6. I think i am ready to apply for early termination of probation and misdemeanor dissmisal..

    Answered over 1 year ago.

    1. Tarek Shawky
    2. Michael Douglas Shafer
    3. Tina Marie Barberi
    3 lawyer answers

    If you can not afford an attorney, you can add your case to the court calendar in the department where you were convicted and ask the judge to appoint the public defender. You will be required to fill out a financial declaration to prove you are unable to pay for a lawyer, at which point the judge should appoint a public defender to help you with the termination of probation and expungement.

    5 lawyers agreed with this answer

  7. Pre Trial Diversion and Admitting Guilt

    Answered about 1 month ago.

    1. John M. Kaman
    2. Tarek Shawky
    3. David Jean Kaloyanides
    4. Sean Dennis Hennessey
    5. Elliot Rahmim Zarabi
    5 lawyer answers

    If you accepted a diversion program, then you did so in court in front of a judge. In LA County, you have to plead guilty or no-contest before a judge will grant diversion. In rare instances there is something called "pre-plea diversion" where the prosecution may allow you to complete some kind of diversion requirements before you enter a plea. If you participated in pre plea diversion and completed everything required in the diversion agreement, then the case should be dismissed without any...

    4 lawyers agreed with this answer

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  8. I was arrested for under the influence of a controlled substance and need legal advice but have very limited funds. what to do?

    Answered about 1 year ago.

    1. Gayle Anne-Marie Gutekunst
    2. Tarek Shawky
    3. Michael R Crosner
    4. William Peter Daley
    5. David Philip Shapiro
    6. ···
    6 lawyer answers

    If they suspected you of being under the influence of an illegal drug, a blood test is the only to test for that. A breathalyzer tests for alcohol and is usually only used for DUI investigations. Your question states that you were stopped for being under the influence of a controlled substance, which would require a blood test to prove. You should talk to an attorney, if you can not afford one, ask for a public defender. San Diego has some excellent public defenders who can help you. If...

    4 lawyers agreed with this answer

  9. Felony warrant from 1989 in California now live in Georgia. Can the warrant be expunged w/o having to travel to California

    Answered about 1 year ago.

    1. Chris J Feasel
    2. Tarek Shawky
    3. John M. Kaman
    3 lawyer answers

    An arrest warrant is issued when someone fails to appear for their court hearing. This is the court's way of ensuring your presence by having you arrested and brought to that court because you did not originally appear voluntarily. The only way to recall the warrant is to show up. Some attorneys try to appear on behalf of a client to recall the warrant, but it is highly unlikely that a judge will recall that warrant until you appear. On warrants that are as old as yours, LA County Judges...

    4 lawyers agreed with this answer

  10. Now I have noticed on my record it states that I have a court date for AVOP-FAILURE TO REPORT FOR COMMITMENT what does this mean

    Answered about 1 year ago.

    1. Tarek Shawky
    2. Jasen Bodie Nielsen
    3. Peter John Marek
    3 lawyer answers

    A VOP is the court acronym for a "violation of probation." In your case it appears to be a violation for failure to serve jail time owed. Custody or jail time is commonly referred to as a 'commitment.' Without knowing exactly what the terms of your probation are, I can not be 100% sure. You should have received a copy of your probation terms when you pled to the case, you can review those terms by yourself, or with an attorney to figure out what commitment you owed. Also be advised that...

    4 lawyers agreed with this answer