Darrell Jon York’s Answers

Darrell Jon York

Santa Clarita DUI / DWI Attorney.

Contributor Level 10
  1. Non-appearance in civil suit

    Answered over 2 years ago.

    1. Darrell Jon York
    2. Frank Wei-Hong Chen
    3. John Morelli
    4. Laurent George O'Shea III
    4 lawyer answers

    You need to go get a default judgment and then try and collect on it. You can try and get them to appear on a debtors examination to ascertain their assets but good luck if they are out of the country. Sounds as if you will have a judgment that is worthless. You cannot obtain a warrant and no criminal charges will be filed.

    9 lawyers agreed with this answer

  2. Can police enter a home with an arrest warrant alone?

    Answered over 2 years ago.

    1. Darrell Jon York
    2. Vincent Ronald Ross
    3. Andrew Stephen Roberts
    3 lawyer answers

    Yes but to forcibly enter the residence the officers must have probable cause to believe that the person to be arrested is in the residence. If the person named in the arrest warrant is a guest at the residence, then they must obtain a search warrant to enter that residence. That is known as a Steagald warrant and they apply for the search warrant setting forth the probable cause to show the magistrate why they believe he is in that particular residence.

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  3. Terminated from alcohol anonymous program 3 month's

    Answered over 2 years ago.

    1. Darrell Jon York
    2. John M. Kaman
    3. Andrew Stephen Roberts
    4. Jon Martin Pettis
    5. Julia E. Simmons
    5 lawyer answers

    It depends on your progress and the reason you missed the classes. You should be able to get re-enrolled in the class and you may be able to get credits for the classes you did. There is usually a re-enrollment fee of about $60. Bear in mind that the judge does have the option of deleting the program requirement and sending you to county jail but that is usually done when the person has fallen out of the program a couple of times.

    7 lawyers agreed with this answer

  4. How to subpoena witness to assault?

    Answered over 2 years ago.

    1. Darrell Jon York
    2. Jon Martin Pettis
    3. Harry Edward Hudson Jr
    3 lawyer answers

    You need to have the clerk issue a subpoena for the witness to appear and then have them served by a process server or non involved party. You then need to file the proof of service with the court. If they do not appear the court can issue a warrant for them to appear in court. If you have an attorney, an attorney can issue a subpoena and does not have to go through the court clerk. Subpoena does not have to be served 21-30 days prior to the court hearing. You should really hire counsel...

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  5. How does one send a demand letter to the defendant in a defamation case if you do not know their mailing address?

    Answered over 2 years ago.

    1. Darrell Jon York
    2. James Frederick Rumm
    3. Scott E. Chapman
    3 lawyer answers

    Why not just conduct a check on the person via the internet. There are many companies out there that will search and find the person for a small fee. You can then mail them a certified letter. If you want to send it via email, just send it return receipt requested. Most email platforms have this option in their settings. One thing about a libel or slander action, they are difficult to win, sometimes hard to establish damage and courts do not like them crowding up their calendars.

    5 lawyers agreed with this answer

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  6. What to expect at Civil Restraining Order hearing?

    Answered over 2 years ago.

    1. Darrell Jon York
    2. David Jon Pullman
    2 lawyer answers

    You are going up against a professional. Would you perform surgery on yourself?? Hire an attorney. If you lose, the court may award the other party attorneys fees. I had that same issue come up where the other party sought a restraining order against my client. They did not have an attorney and had no idea what they were doing. The court did not issue the restraining order and I asked for attorneys fees and the court granted my client the fees.

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  7. I got my second dui and the court offered me the dui court program is it possible for me to get a restricted license?

    Answered over 2 years ago.

    1. Darrell Jon York
    2. Robert Laurens Driessen
    3. Robert Louis Miller
    3 lawyer answers

    Yes. A new law was enacted in July 2010 which allows a 2nd and 3rd time offender to obtain a license after serving a 90 day suspension. They must enroll in a DUI class and install an ignition interlock device. Prior to this law, the suspension period was 1 year court suspension for a 2nd. However, under the new law, you must serve the 90 day suspension before you are eligible for your license.

    5 lawyers agreed with this answer

  8. I just got a phone message from a DEA agent asking me to call him. Could it be for ordering meds online 5 yrs ago?

    Answered over 2 years ago.

    1. Darrell Jon York
    2. Kresta Nora Daly
    3. Robert David Richman
    4. Jason Daniel Stone
    5. Slavik Steve Leydiker
    5 lawyer answers

    You should probably have an attorney give the DEA a call to see what he wants. I would not make any statements to the DEA or any police agency, especially since you don't know what this is about.

    5 lawyers agreed with this answer

  9. Difference between Prop 36 and PC1000? Why is PC1000 better, even if I am eligible for Prop 36 too?

    Answered over 2 years ago.

    1. Darrell Jon York
    2. David Matthew Piper
    3. Sean Anthony Brady
    3 lawyer answers

    PC 1000 is much less intensive than prop 36. In a PC 1000, you enter a guilty plea, do the drug rehabilitation class (about 4 months) and then you come back in either 18-24 months and your charge is dismissed. PC1000 is a deferred entry of judgment because although you enter a guilty plea, judgment is not pronounced and it is deferred. However, if you violate your conditions of probation the court can then enter judgment and sentence you accordingly. Prop 36 is a very structured program...

    5 lawyers agreed with this answer

  10. Can a officer call one of your family members and saying things like they should take my child cause he suspects drug selling

    Answered over 2 years ago.

    1. Darrell Jon York
    2. Thomas Allen Neil
    3. Juna Madray Pulayya
    3 lawyer answers

    Sounds like this officer has it out for you. If he is making false statements about you then you should consider filing a personnel complaint against him. His police department may have a policy which prohibits this type of conduct.

    5 lawyers agreed with this answer