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Angela M Berry-Jacoby
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Angela Berry-Jacoby’s Answers

280 total


  • Is there a jury at arraignment for a misdemeanor or only a judge and no jury?

    Are juries only for felonies or violent crimes or what other situations do juries come into play?

    Angela’s Answer

    the arraignment if the unveiling of the charges and you enter your plea (e.g. "Not guilty", "guilty", "no contest", Not guilty by Reason of Insanity). It starts the process. As such, it is more procedural than anything else if you are entering a plea of "not guilty". It is only a judge. A jury will only be present when the matter is set to go to trial. That is when your constitutional/statutory right to a jury trial kicks in.

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  • Should I hire Private Counsel or stick with a PD?

    So on New Years Eve I was stopped outside a rave by an undercover for drinking a beer on the street. He pulled me to a side, asked if I had anything on me and if could search me. I said no to both and he told me I was under arrest for the the open...

    Angela’s Answer

    First of all, sorry to hear that's how you rang in the new year. $2500 is not unreasonable for representation. I would seriously question the experience of the attorney who offers to handle this and the follow up court appearances for less. The problem I see you face however is the cost and inconvenience in coming down to Southern California for court. The PD can not make that first appearance for you. But a private attorney can and either can, provided they're willing for further court hearings. ( PC 977(a).). If you need the comfort of knowing your attorney has your back down here and could go to court for you you might want to consider Coming up with the money. Sounds like you've got a lot to lose given your stellar track record thus far in life. Many of us on Avvo will give you a free consultation, even over the phone.

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  • Should I keep ignoring these civil demand letters & fine?

    I was involved in a shoplifting case in which I was caught around October last year. No police were involved & they didn't get my ID just some info & a picture & all the merchandise was returned..They told me I wasn't to return to Kohl's in 2 year...

    Angela’s Answer

    As you were probably advised before, they have to sue you for a money judgment to be able to collect. They are looking for a voluntary payment. Whether the law firm sues you depends on whether a$350 claim is worth the effort in small claims court. If and when they sue you (which is highly doubtful) you can reassess the risks and benefits. You need to make the ultimate decision.

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  • What should the attorney fees be to help me get a restraining order? Is there another option?

    My neighbor is harassing me and my dog. (This has gone on for years and have had 2 dogs poisoned). In fear of something happening to our new dog (who is in training to be my service dog -currently in CGC training) we had a professional company put...

    Angela’s Answer

    Since moving isn't always an option, such as when you own or are in a long term lease, I agree with you that something needs to be done. There is no answer as to what legal fees "should be". You can seek a restraining order yourself but if your neighbor gets a lawyer and defeats your request, you may be responsible for his legal fees. Best to get a lawyer. To do it right, you can expect around $2500.

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  • How do i find out how much longer my probation term is for??

    I've been on probation without any other problems

    Angela’s Answer

    If you are on formal probation, ask your probation officer. If informal or summary probation, contact your lawyer. Also, you may be entitled to early termination of probation, depending on the facts and circumstances.

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  • My friend hit me on the face in March 2012. He then moved to Florida in May 2012. Can he still be prosecuted?

    My friend hit me on the face in March 2012. He then moved to Florida in May 2012. Is statute of limitations tolled because he moved out of the state?

    Angela’s Answer

    The statute of limitations is three years. Moving out of state does not toll or stay the period. If he/ she were charged and skipped town, and a warrant issued, then tolling applies. Waiting nearly 4 years to make an accusation when it now makes it difficult for the accused to defend is precisely a reason for statutes of limitations. If the assault and battery warranted police/ prosecution intervention it should have been long before now.

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  • I was never given a sobriety test, Breathalyzer or BAC. How can I be convicted of DUI.

    I was involved in a traffic stop, arrested and now have charges of DUI, and driving on a suspended license. The officer never performed a field sobriety test, offered a breathalizer and once in custody at the jail there was not a BAC performed. ...

    Angela’s Answer

    If the case is filed, the prosecuting agency may be proceeding on an under the influence of something other than alcohol theory. If so, the breathalyzer is irrelevant. However, without field sobriety tests the evidence to prove that you were not able to safely operate a motor vehicle due to your impairment is very weak. The prosecutor would have to rely on your driving pattern and the officer's observations of your demeanor. You should hire an attorney right away who can contact the prosecuting agency and try to intercept any criminal filing for DUI.

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  • How do i get my license back after being arrested for Dui but convicted of drunk in public.

    I just got out of court today with what was supposed to be a pre trial for my DUI that i was arrested for back in March 2015. I was not the driver but was at the scene and was intoxicated. According to my lawyer, the DA felt it had insufficient ev...

    Angela’s Answer

    So it sounds like thieves your second DUI arrest in 10 years, if you are doing an 18 month program and have a hard year suspension. Correct? Only if your attorney negotiated a "not guilty" finding on the DUI charge can that mandate the DMV to terminate its action. Short of that, you still have to complete the per se suspension period and do the requisite program.

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  • They've made me an offer to. The robbery and to plead to a non violent assault I belie it's because they don't have a very case

    I am charged with second-degree robbery and assault with a deadly weapon the store employee that I was stealing at claims that I hit him in the head with a tequila bottle however this is a total lie first of all I hit him with an empty purse ...

    Angela’s Answer

    So it sounds like you're being charged with an Estes Robbery and assault. Your first sentence indicates to me that you believe that you are being offered a plea to a robbery and what you believe is ace eduction to a non-violent assault and that you believe that they make that offer because you believe the case is weak, if I understand you correctly. Pleading at the get go to the robbery is not a good deal even if they are "reducing" the assault. The robbery is a strike you need to fully discuss this with your lawyer.

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  • What shows up in the expungement process?

    I was convicted of two separate DUIs (both over 6 years old). I was a stupid teenager the first time, and the second time was purely bad luck as the driver lied and said I was driving (there was no way to prove it and that is a whole other story o...

    Angela’s Answer

    Penal code section 1203.4 allows for dismissal when you have completed your probationary period, and you are not charged with a current crime. The statute mandates the action if you successfully completed probation (that means no mess ups). It becomes discretionary with the court if there were some problems during the probationary period. In the latter case, you must make a showing that the requested action serves the interests of justice. Any of us on Avvo have the experience for this type of action. Good luck.

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