Brian Edwin Skibby's Answers

Process to get dmv to reissue license if found not guilty of 2nd dui.

I suppose you already had a DMV hearing and you lost your license for one year. If you are fighting the criminal case in Riverside County and you are found not guilty of DUI [23152 (a)(b)], you can petition the Office of Driver Safety in San Bernardino (if a Riverside Case) to overturn your conviction. I am not talking about a dismissal, but rather a jury or Court trial where the trier of fact ruled that you were not guilty, my understanding is that you can petition the Department for them to...

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Can I get my juvenile recorded expunged even though I am 20 now?

You would have to file a petition to have your Juvenile Records sealed and now that you are over 18 and otherwise off probation you certainly qualify. The bigger problem is whether the Army knows about these charges. If you seal your Juvenile records, you still have to deal with the fact that the Army already knows your past. What I am getting at is that if they document you have these priors, they may not change their view about letting you in the army with a weapons charge and felonies...

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What Happens If You Runaway From A Group home?

You should recommend that he turn himself in a soon as possible. He does stand a chance that he may be put back in Placement and go to another group home. Nevertheless, the court could assess how long he was there and whether they just want to terminate his probation knowing that the closer he gets to age 18 the more likely the court may cut him loose. If he ignores the problem, then when he gets picked up in the future, they will haul him back to court to formally end the case and he may...

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Request a Initial due day extension for 60 days and then ask for Trial by Declaration, and pay the bail amount

Los Angeles County will allow you to contact the court by phone and request a one-time 60 days continuance for traffic matters. Yes, you can call on the due date, but if you cannot get through, then you are out of luck. Many LA courts only have court hours in the morning and afternoons with a brake from noon to two, which makes it hard to call the courts directly. If you call the traffic hotline, you will be bounced between automated voiced. Your best served to go on the LA County Superior...

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What are the parameters of VC 23111?

A C.V.C. Sec 23111 is throwing an object from a vehicle to include cigarette butts on a highway or road. I have only represented one person for this offense and at least in San Bernardino County the court only used a fine as punishment. It is a mandatory appearance or else you can hire an attorney. The fine was $200 and I asked the Judge for a reduction and it was lowered to $100. The statute does not require community service and you can voluntarily do community service in most instances...

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If i am on felony probation and i stille owe about $900.00 in restitution fees, but my probation ends on sept,2012.

As long as you are making payments or some kind of effort to pay then you are okay. Once you stop paying altogether or do not keep your PO informed about your financial status will it become a problem. In order to violate your probation you must willfully violate. If you do not have the money and keep them informed, most PO's will work with you. If you cannot pay the restituion owed or the fines owed then as you get closer to September 2012 the court or your PO will get tempted to extend...

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How many days do you have to reinstate for work release program?

You can reinstate yourself immediately in Victorville. The sooner you go back the sooner Judge Pirozzi will reinstate you due to whatever was the reason why you did not appear. The longer you wait, he may add on time and force you to admit a probation violation. If you admit a probation violation, you are making it much harder in the future to expunge this charge from your record because the court will look back on your record and see if you violated probation and if you did, they may not...

Over 2'' is considered a weapon my fingernails are 2'' once in custody can the cops legally make me cut them or do i have rights

Your question is very specific and most attorneys will not know or give you an exact answer to your question. Your obviously out of custody now so you can do some research on the issue. If you find yourself in State Prison Title 15 regulates the laws and rules for those in custody at the State Level. There may be some information under what is considered a weapon and rules regarding hygene. If you end up in a county jail, you can acquire the rules of each County facility whether in be West...

What are my options to get a petty theft infraction off my record?

Your odds are pretty good. I practice mostly in this courthouse and rarely do the DA's fight 1203.4 expungements, especially to infractions. Some contributing factors is what you were originally charged with and what infraction you eventually plead to in court. Starting this year infractions can be dismissed and I am have not had a DA oppose them yet. The same requirements for misd. apply for Infractions. You cannot be on probation or parole on another case. You cannot have a pending...

California parole violation question

Yes, You should always communicate with your parole officer and if they will not communitcate with you, talk to a supervisor. I would first try to reason with your PO before you get her made or in trouble by going to anyone higher up. If you do, relate to them what happened and give them the names of witnesses and good numbers for them. If this does not work maybe your atty can subpoena your witnesses to BPT in Chino. They may not want to appear, but a subpoena will make them appear. You...