PC 664/187, PC 211 and a gun was involved. Defendent has no priors, drug deal gone bad, no intent, self defense, and the accused is otherwise a working family man. What is the likelihood of a lesser charge, and what is a "fair" plea deal?
A "fair" deal is not just based on the charges. It will include the strength of the prosecution's case, whether there are witness problems, whether there extenuating circumstances. The question can not be answered in a vacuum. It's a discussion to have with your attorney.See question
my public defender told me to ask an immigration judge before the sentence so to see if I will be subject to deportation or other immigration problems am an asylum applicant, I have a clean background . the prosucutor offer me diversio...
You absolutely need to consult with an immigration attorney. Best conviction, if one has to be had, is a plea to a crime not involving moral turpitude. Petty theft involves moral turpitude. Whether you accept diversion to a theft charge or plead to something not involving moral turpitude is best left to the advice of an experienced immigration lawyer. Good luck.See question
the swat and police had a search warrant for my female cousins house. I don't live there but I happen to be there that morning a weapon was found and a cop or undercover said that I told him the weapon belonged to my male cousin which I never said...
The police are allowed to record. If they did record your conversation and lied in a report about the nature of your conversation, the recording is your vindication.See question
When I hadn't heard from my friend in a couple of months I tracked him down on Google. He was arraigned for a violation of Penal Code §§ 69 and 422. There was a special allegation - 667(c) &(e) and 1170.12(c) 1. His prior conviction was in 1985 fo...
His prior conviction is a strike, so, as my colleague stated, any state prison time imposed on this new case, provided the strike is not struck ( see below), would have to be served at 80%. You stated that the trike is quite old, and that could be grounds for the court to exercise its discretion and strike the strike. In other words, dismiss it. This is done by filing a Romero Motion. The court will look at what the defendant has been doing in between the time of the strike and the new case, the underlying facts of the strike case, the circumstances of the new case, and anything else that is relevant in making its determination. If the strike is out of the equation, his current charges can be served at the local level, and he can get probation.See question
While I haven't been charged, I am preparing myself for the possibility of being arrested/charged. I cannot go into specifics over the internet but suffice it to say, there was a gun accident that nobody else was around for (so no deaths/injuries)...
I agree with my colleague. When you meet with a lawyer, whether you decide to hire him/her or not, the conversation is protected. Many of us offer free consultations. And, yes, it is a good idea to get an attorney immediately. Sometimes people take the wait and see approach and end up getting charged. Retaining an attorney proactively could make the difference between a filing and no filing; between being arrested and not being arrested. Good luck.See question
I've completed all the terms of my sentence for misdemeanor DUI w/ injury in Ventura County. I'm 18 months into my 36 months of probation and would like to terminate probation early. Restitution has never been ordered by the probation department...
The court retains discretion to modify probation at any time pursuant to Penal Code section 1203.3. So, it can be done. The question is will it be done. You have the burden of establishing that the interests of justice demand that action. My colleague is correct that in Ventura County your chances are slim. With respect to restitution: if it is going to be ordered by the court and you have not paid what the court feels you should (you said you "contributed" to it), the probation department should have ordered it by now. It would be a miscarriage of justice for that to be sprung on you when you get close to your 3-year term expiration because courts can extend probation if restitution is not paid during the period of probation that was originally granted. Whatever you contriubted towards restitution would of course be credited in the criminal case.See question
The purse that was taken valued $40. Caught on camera going in to car but u cannot see that it was unlocked. So does it have to be locked to be a burglary?
The door need not be locked. But there is a lesser charge as well. And that is VC sec 10852, auto tampering. It does not require the specific intent a burglary does.See question
If charged with receiving stolen property And the property is a vehicle.. on kbb what is it that they decide on, the "fair purchase price" or "private party price"
The fair market value is what determines the amount. That is defined as what a consumer would pay who had choice and didn't need to buy. It's a question of fact for the fact- finder. If charged with a felony, it's not a bad idea to produce evidence of fair market value below $950 at preliminary hearing.See question
my husband is in jail for burglary he didn't commit, he was driving truck waiting talking to me on phone for co defendant unaware of what he was doing, and this is on video, our mistake when we found we panicked and got rid of the stolen gun, whe...
Getting the reports - you are not entitled to them as a non party. Separate trial: you don't just automatically get that. There is preference for joint trials for judicial economy and convenience of the witnesses. However, if a defendant can establish danger of prejudice if tried with co-defendant the court will grant motion to sever or give them separate juries. With respect to the facts as you state them, the prosecution could be proceeding on an aiding and abetting theory. They could also allege accessory after the fact.See question
CCP, Cal. Rules of Court and Judicial Forms are of no help here. How does a criminal defendant request a jury trial and when are fees deposited and how is cost calculated?
You have the constitutional right to a jury trial on misdemeanors and felonies. As such, you don't have to fill out a form to get a jury trial. The matter, once arraigned on a misdemeanor, and once arraigned after held to answer on a felony case, or after a grand jury indictment, the matter is set on the trial calendar. When that occurs is based on whether the defendant waives his/her rights to a speedy trial or not. You do not have to pay for the trial.See question