Houman Fakhimi's Answers

My husbans was charged with 11377(a)HS an was given four year prison sentence, and was told this was a favor. Had a $10.00 bag.

If he has already plead and more than 6 months has passed he may not be able to withdraw his plea. If not he may be able to file a motion to withdraw the plea. If his plea is withdrawn his case will restart. I suggest that before he takes any action you consult with an attorney familiar with the case and the court you are in.

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Should a barfight lead to someone dying be charged with murder? manslaughter (voluntary/involuntary)

Sounds like he has already lost the case and is now servign the life sentence. Your fact pattern didnt lead to me believe that the DA had a strong case for murder however, there may be information that you and I are missing. I suggest he contacts an attorney familiar with writs and appeals.

Can my dad get reported for driving without a license?

If your dad is not in custody and the DA does not want any custody time ( which in this case he/she should not) then your dad's chances of not being pickedup by ICE are good. Of course, if he does come in contatc with ICE then considering his legal status he may face some problems.

Will I still be able to get a job with my petty theft infraction?

I woudl really like to take a look at the application you filed. Certain question may not be permissible.

After I complete Prop 36 and my charges are dismissed will I continue to be on informal probation?

No.

My husband just received a County of RIverside WARRANT on a case from 05/2009 and was said that there was insufficient evidence.

Whether the time is concurrent depends on the deal you work out with the DA and the court. However, if the charges deal with the same act they may have some issues. Also remember that although he may be convicted of different crimes related to the same act, under PC 654 he cannot be sentenced to separate terms.

How much time would u serve on 120 day sentence if u where arrested on the 4th and sentenced on the 15th month of oct ventura ca

The calculations sounds correct. You should remember the double time rules don't apply to certain serious or violent crimes. I am assuming that his charges were not that serious.

Can we legally be charged with second degree battery?

Battery is not a specific intent crime. All the DA needs to prove is that the unlawful touching took place. You are probably charged because they were told that you slapped your child.