Skip to main content
Richard Franklin Taub

Richard Taub’s Answers

571 total


  • How many days do I have to appeal a permanent civil restraining order for domestic violence?

    I appeared at a civil TRO hearing without a lawyer because I could not afford an attorney. My wife was represented by an attorney. The judge granted a 5 year permanent restraining against me. My friend has offered to pay for my appeal, in spite o...

    Richard’s Answer

    • Selected as best answer

    You have 60 days after service of the signed order to appeal. On the 61st day, you are too late. Hire counsel immediately to make sure that everything necessary to perfect the appeal is done timely.

    See question 
  • Can i get a visa if i was a victim of domestic violence?

    i lived in an abusive relationship for 3years and had two kids. My ex would threaten with killing me and my kids and several times threathen me and my kids with a knife. He also sent some friend to to threathen me gunpoint that they would kill me ...

    Richard’s Answer

    I agree with Mr. Vinakar. You must obtain the answer from an immigration lawyer. You can ask the question on the immigration forum on Avvo.com. Of course, there should be nothing about being a victim of domestic violence that should impede your entitlement to any immigration status, if you are otherwise permitted to obtain lawful permanent resident status.

    See question 
  • Do I need a attorney ?

    My boyfriend got a felony for demotic violence we got into a fight ,I hit him he hit me back .The cops arrested him cause he was under the influence and they saw me with a busted lip .He never hits me we were both under the influence of alcohol .W...

    Richard’s Answer

    Your boyfriend should have an attorney. A felony charge of DV could have serious ramifications.

    See question 
  • Can LP testify if they didn't read me the Miranda Rights

    Can Loss Prevention Officer testify against you in court if they didn't read you the Miranda rights before they start questioning me

    Richard’s Answer

    Generally, yes. The LP is not a state actor (read: government agent) and is not bound by any of the constitutional requirements implicated, whose source is found in our Bill of Rights. The LP could be a state actor, if acting at the specific behest of law enforcmenet, but that would be a highly unusual set of circumstances not likely present. Obtain counsel to fly speck those and other issues and try to get your case dismissed.

    See question 
  • I have a domestic battery case and i my husband got a subpoena in the mail what happens if he doesn't show up to both of us?

    this is my first and only arrest, he was drunk and in my face i got mad and slapped him. he called the cops on me because of that we have a 10 month old in common. How do they know that he got the letter if he is not living in the residence the...

    Richard’s Answer

    They do not. The letter is not enforceable, but, there is the possibility that a subpoena will issue and be properly served if he does not appear. That may never happen however. You should have counsel to defend you. He should have separate counsel as well. This way, you maximize the likelihood that the case is going nowhere.

    See question 
  • Is it legal for officers to run licencse plates,then take name of reg owner,run that name thru arrest database,Use that info to

    My backround is misdemeanors, and a reduced controlled substance pc1000

    Richard’s Answer

    Generally, yes. The reason that we have license plates is to identify vehicles for many purposes. Law enforcement can and often freely run tags. For instance, the results may reflect that the registered owner has a warrant for his or her arrest. Whether police obtain the requisite knowledge to lawfully stop the vehicle is a much more complicated analysis based entirely upon all of the facts and circumstances related to the stop.

    See question 
  • What can you do if court orders cannot be followed but it is not under my control?

    Court ordered me family preservation services. The budget has been cut for Family Preservation Services by the state. DCFS does not know if I will receive the services or not because of the budget cuts? I want to move to another county but DCFS ...

    Richard’s Answer

    You did not mention the precedural posture of the case. I am unable to determine whether you were on probation for domestic violence and court ordered, whether you were a party to a dependency case or whether you have lost a restraining order case and additionally ordered to complete the program. However, the safest path for you to take would be to get back before the Court now to explain the problem. The Court may find an alternative for you, but certainly appreciate your diligence and care to bring the issue back for resolution before anyone claims you violated the order. This may also ease any desire you have to relocate because you can try to make sure whatever solution the Court finds comports with your ability to relocate or, you can raise that issue as well. Since there could be other issues related to your concern that are not set forth here, I recommend that you retain counsel to help you to make sure that you are choosing the best direction to resolve your problem.

    See question 
  • How is it that 2 people can be charged with a hs 11377 (a) when there was only 1 pipe on 1 person?

    the charge was in 2007 i was never arrested or cited for having the pipe on me, however, my ex-boyfriend and i both claimed responsibility of it. I did because it was in my jacket put there by the ex, who keep in mind, claimed the pipe at the tim...

    Richard’s Answer

    Two (2) people can be charged with a possession offense (most types) because of joint and constructive possession rules of law. Since you indicated that you both claimed responsibility for it and even had it in your jacket, the police and/or D.A. must have determined that they had a good case to charge you and your boyfriend. Since, you might still overcome those bad facts, I recommend that you retain local counsel in Sacramento to try to get you out of the mess.

    See question 
  • Did I have an aggravated felony?

    I am a green card holder. I pled guillty to two misdemeanors (one was theft) in California and was sentenced to 3 years of "informal probation." I want to know if I can be charged with an aggravated felony. Is that a "term of imprisonment?"

    Richard’s Answer

    An aggravated felony is a term of art used in federal immigration law. It is not an actual offense or charge. Many different charges, i.e. most felonies, drug offenses constitute aggravated felonies for federal immigration purposes and possible removal of noncitizens. You are a noncitizen for federal immigration purposes, since you have a "green card". The theft charge is not an aggravated felony, but is a crime of moral turpitude, also a category of potentially removable offenses. Since you pled guilty to a second theft (even if at the same time), it is more complicated for you to determine whether you face possible removal. Many of us provide free consultations. Feel free to contact one of us to discuss your problems further.

    See question 
  • I'm going to court for a mutual. restraining order my neighbor is filing

    If I'm on informal probation for a previous domestic violence charge that is almost 3 years old,will I lose my case or be violated for probation?

    Richard’s Answer

    You will not be violated for probation because a restraining order is not a criminal case or offense. However, if the underlying facts of your case reflect that you committed a crime, the real question will be whether your probation officer will find out about it. There is no high likelihood that your P.O. will find out about such an offense through the civil side of the courthouse, but it could happen. There is no way to know for certain. If you can, hire counsel to make it more likely that you will win than if you handle it yourself. Even if your P.O. finds out about it, winning your hearing means that your neighbor couldn't prove his case against you to a preponderance of the evidence, the same legal standard of proof required by the prosecution to prove a probation violation.

    See question