Angela M Berry-Jacoby's Answers

Received a DUI, blew into the breathalyzer at the station and was refused a lawyer

The Implied Consent law in California requires every driver to submit to a chemical test (blood or breath if alcohol is suspected; and a third option of urine if drugs are suspected.) One does not have the right to a lawyer before making the decision which test to take or even whether to take the test at all. The officer should have read you what is called the Trombetta Advisement, which tells you that you are required under California law to submit to a test; that a breath test does not...

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Can the governor pardon a person with a 211 pc robbery .

You are on the right track. The certificate of rehabilitation is the first step in obtaining a pardon. There is nothing about the charge of robbery in and of itself that disqualifies you. There is a period of rehabilitation that you must prove. That period begins on the date of discharge from custody due to completion of sentence or release on parole/probation, whichever occurs first. (PC 4852.03). The certificate of rehabilitation is forwarded to the governor's office and serves as...

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Is 2nd degree burglary going to stay in my record?

With the information provided, I can't tell whether you've been convicted yet or even charged. OR maybe you simply have received a notice to appear and you are awaiting for first court appearance. Whether it will be charged as a misdemeanor or a felony depends on the alleged amount stolen. If this is your first offense and the amount is low, say below $200, there's a good chance it will be filed as a petty theft and a misdemeanor burglary. If you are convicted of the offense, it will stay...

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Do i give up my right to a speedy trial when requesting a public defender?

Absolutely not! The right to a speedy trial is personal to the defendant and each time you must be joining in your attorney's request. Now, it could be that your attorney needs the additional time to conduct a thorought review, investigation and prepare for your defense. In that case, you have to ask yourself (or your attorney) what you have to gain by waiving additional time (better preparation, etc) versus what you have to lose (giving the prosecution more time to make their case stronger...

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What are some of the issues you look into when someone wants to appeal a criminal case ..

There are a myriad of issues to look for when counsel is appealing a case on behalf of a client. Its important to note, however, the distinction between how a trial is conducted and how an appeal is handled. Many people erroneously believe that an appeal is a process where you submit the evidence a second time and hope for a different result. But with an appeal, you are asserting errors in the trial court: prosecutorial misconduct (and there are many recognized improper tactics of prosecutors);...

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I'm in PC1000, will I be tested again after two negative urine tests, and one dilute?

Testing is a regular part of PC 1000 deferred entry of judgment. You could test negative to several in a row, then have a dirty test and cause the diversion to be in jeopardy. You are subject to random testing the entire period of diversion.

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BAIL

I assume both are in warrant status, hence your question about turning yourself in to the police? If your probationary matter is for a felony, what could happen is the bail status can change to a no-bail hold. If the probationary matter is a misdemeanor, which i suspect based on the amount of the bail, it is unlikely a "no-bail" hold would be placed on your status. If turning yourself in, it would be better to do it directly at the court because you can see a judge immediately for any bail...

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Should I pay store shake down scam? Two girls were seen putting items in bag, person 1 was in store with them. No charges filed

Letter is a civil demand, but be aware that it is NOT in lieu of a criminal filing. SO, in other words, just becuse you pay it, that doesn't mean you wont be criminally prosecuted. California Penal Code section 490.5 allows for damamges from $50-$500. If a minor, the demand must be sent to the parent as well. This civil penalty can be justified by the store even if they suffered no loss (they claim the cost of security is then off-set). There are only a few law firms around the country...

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I was convicted of a 211thousand pc robbery over 15the years ago. I tried to expunge the conviction but I was told by the DOJ

You are not statutorily disqualified from PC section 1203.4 expungment relief simply because of the charge (robbery, PC 211). What kind of sentence you received could disqualify you. If you went to prison, you are disqualified and your relief would be a gubernatorial pardon. The fact that PC 211 is on the list offenses constituting strikes does not disqualify you from receiving an expungment in and of itself. The practical effect, however, is minimized. If you qualify for the 1203.4 relief,...

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My husband is currently in jail awaiting a to take a plea deal of 5 years 1 strike with 85% How much time will he do in prison.

If he is convicted on charges the law considers "violent", thus triggering the 85% in state prison, he is only looking at credits of his actual time spent in county thus far, plus an additional 15% credit. The calculation is done by figuring out the number of days actually served prior to sentencing, then adding 15% to that. You then take the 5 yrs (sentence imposed) and convert into days. Subtract the time term served plus the good time work time credits (the 15%) from the five years and...

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