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Angela M Berry-Jacoby

Angela Berry-Jacoby’s Answers

220 total


  • Boyfriend was arrested mnth ago because of bench warrant from 2years ago..they released him the same night.Court tmrrw.jailtime?

    became a bench warrant because he moved to another state and forgot all about it..so now he needs to face a judge tmrrw for it..will he go to jail???

    Angela’s Answer

    So much more is needed to even try and answer your question. Has he already been convicted and he failed to show proof of something post conviction? Is it an open case, meaning that he hasn't yet had any court hearings, or maybe had some court hearings but the case wasn't resolved? Also, what was the nature of the charge(s)? Your question can not be anwered in a vacuum.

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  • What do private attorneys do that public defenders don't? What's the difference?

    Currently have a friend accused of 261.5 (currently in custody) there is a private attorney fighting his case however the attorney has not communicated with the defendant or any family member and its already more then a week since his been on the ...

    Angela’s Answer

    Every lawyer is different as is every person. The attorney may not be too interested in the case; the attorney may be involved in matters that are more time sensitive; the attorney may not have enough of the prosecution's discovery yet to make a conference with the client meaningful. There can be many reasons the attorney isn't doing what you believe should be done. Or the attorney can very well be doing what needs to be done on the case presently. Much of what we do occurs in the office researching or out in the field investigating.

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  • Looking for someone to reopen a case that was unfairly sentenced with no physical evidence. back in 2007.

    my fiancé was convicted of assault with a firearm, and no firearms was found, and police officer that arrested him or testified against him he was found a few years later that he was a corrupted officer and was transferred to another agency. due...

    Angela’s Answer

    There are plenty of us on Avvo that offer free consultations. You might want to set something up. An attorney will have to review everything - the police reports, files, proceedings, and determine if there is enough evidence to re-open the case via petition for writ of habeas corpus. It sounds like you may have a good case for it.

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  • Arrested on outstanding warrant. Charge 23152(b) VC. Bailed out & I have court date 4-28-15. This charge was for a DUI in 2009

    Pulled over for equip infraction on Mon 4-6-15. Background showed warrant. Court terms were completed for the 2009 conviction of 2nd 23152(a) (b). Completed Classes (DUI), AA meeting and all court fines paid. Not sure why a warrant was issued. C...

    Angela’s Answer

    Yes, you can. Go to a courthouse in the county of the warrant and get the docket. It could be due to failing to bring the court proof of completion of your DUI class. (?). Programs routinely tell people that they will submit the proof to the court but that doesn't absolve you of bringing it in yourself if the court ordered you appearance.

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  • When two people are arrested for the same charges but one already plead guilty to all charges what can happen to the other?

    two people were arrested and both charged with the same charges one person was released on an o.r and the other remained incarcerated until released by the courts, but while the one that remained incarcerated plead guilty to all charges at court a...

    Angela’s Answer

    An answer to your question depends on a myriad of factors. But one of the things that affect the initial filing decision will be whether both people can factually or through an aiding and abetting theory be guilty of the charge. Often times the prosecuting attorney making the filing decision will only base the decision on what is before him/her in police reports and won't even be aware that the other arrestee already plead.

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  • Is a small claims attorney worth it?

    I have a case which I was awarded restitution $800 on a dui case a little over 4 years ago. The defendant has not yet made payment on any of the restitution. as of now. San Mateo county has issued a warrant for her in violation of her probation b...

    Angela’s Answer

    You are not entitled to bring a lawyer into small claims court. As such, there are no "small claims" lawyers. Under the victims bill of rights, you are entitled to restitution as a condition of the defendant's probation. Depending on when the court ordered the restitution it may have been ordered enforceable as a civil judgment. If that is the case you don't need to sue because you would already have a judgment. To get that answer, contact the prosecuting agency or pull the defendant 's court file and look at the court 's order.

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  • Given a citation for possession of marijuana (under a gram aka infraction)

    I was at a park and was given a ticket for possession. Go on my assigned court date and just pay the ticket? Do I have to go on my assigned date or can I go earlier? What are the future reprecautions of having a medical card vs paying the ...

    Angela’s Answer

    There are things to think about before just going in and pleading. First of all, Fourth Amendments issues have to be considered, e.g. whether the officer had the requisite cause to detain and search you. Also, whether you have other prior convictions for the same thing.
    A medical recommendation after the fact does not absolve you of possessing the marijuana before, but the law itself could help. You may be eligible for diversion or even less formalized court-diversion. You didn't tell us where your court case is but many courts are dismissing these after the defendant attends a number of drug awareness classes.

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  • I left in the middle of my DV court order class because they were going to give drug test to everyone.

    I knew I wouldn't pass the drug test so a just left the class after a week of my teacher trying to get ahold of me I talked to him and he said there's nothing he could do I would be going to jail for 60 days. So I deceided to go to rehab for 30 ...

    Angela’s Answer

    I'm wondering why a DV course would have mandatory drug testing. When you're on probation for something the court can only order conditions reasonably related to the conduct amounting to a conviction. If you were attending court ordered DV, I assume this was related to a battery in a domestic setting. Not showing up to the program was not the right thing to do but I'd have your lawyer take a look at your probation conditions.

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  • I was arressted for a self defense act of assault w a deadly weapon for two guys that came into my neigbors house to attack me

    after i stabbed 1 the other fled.. i call 911 n told them what happen n even after that the guy i stabbed still came after me n 911 heard the whole thing. the home owner, security, n neighbors told police that those guys have been kicked off the p...

    Angela’s Answer

    Charges were not filed, you say. Unless it was a DA reject the case still can be filed. The statute of limitations is 3 years. I suggest you maintain your exonerating evidence and perhaps have your attorney begin securing witness statements. Your best defense here will be your offensive proactive moves. As my colleagues stated, getting a lawyer now should be a priority.

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  • Is it proper for a Judge not to allow evidence in that was received by DA in response to discovery?

    I subpoenaed a police dispatch recording and video recording related to the criminal (infraction) for which I was cited. The DA got the dispatch and video recording from the police, and provided a copy to me. At my trial, I asked for the recording...

    Angela’s Answer

    The dispatch conversations are out of court statements, that I assume you wanted offered for the truth of the matter asserted (in other words, you wanted the statements accepted as true for what was said on them). That is hearsay. Unless there is an exception to the hearsay rule, let's say business records exception with its proper foundation laid, it is inadmissible. You might have also gotten it in as impeachment, for instance, if it established something like the time something occurred if the officer testified to a time that was different than that on the dispatch tape.

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