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Antonio Ronaldo Garcia

Antonio Garcia’s Answers

71 total


  • How do I handle a missed arraignment?

    I missed my arraignment on 12/21 for a DUII. I was in NJ with my dying brother. He passed away 12/27 My job keeps me very busy and the court is another state and 80 miles away. How should I proceed?

    Antonio’s Answer

    If you missed your Arraignment date, it is very likely a bench warrant was issued. Assuming your case is in California and is a misdemeanor, you can hire an attorney to appear on your behalf and recall the warrant. Your attorney will receive discovery including the charges and police report so as to evaluate the best approach to your particular case. Good luck!

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  • First offense. had a clean good record ..can I request for diversion or will the judge offer me it on first court before I plea

    I was citated at Macy's for pety theft. On the ticket the correct violation is circle no so I'm guess grand theft BC value is $1800 subtract few items I return. $1500 . My court is in 2 weeks. I was not arrested. Im not sure but I think officer sa...

    Antonio’s Answer

    It is hard to understand entirely what happened in your case. I am assuming you already resolved your case. With that said, all theft oriented cases usually trigger a restitution hearing by the prosecutor. If you already paid or returned the items, then the amount of restitution will be minimal or none. However, if the victim (macy's) states that there were some remaining items not returned or claims costs of investigation or something then you may be ordered to pay back that portion of loss.

    As for your background checks, you should know that most background check companies show criminal convictions. So depending on the agency the new job used, it may or may not show the conviction depending on what the new job requested. If they requested a full criminal check, misdemeanors as well as felony convictions will show on a background check. It is also worth noting that many applications ask about "arrests", and so it is good practice to be honest rather than the prospective employer finding out about it and thinking you are dishonest. At least you can explain what happened rather than allowing the potential employer to find out and believe you lied.

    I would strongly suggest you contact your attorney and get clarification on your case. From your question, it sounds like you still have several questions that should be answered.

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  • I have pending charges for disorderly, resist, and damage to property will this show on my background check?

    I was hire for a cna job but didn't go through the background check will these charges show up or will it say pending charges when the employer looks it up?

    Antonio’s Answer

    Generally, background checks show convictions not charges. As you stated, you have charges pending against you but no convictions. At this point, a background check will not see pending charges. Once the case is resolved, should you be convicted then that conviction will likely be seen on a background check. However, it is worth noting that some job applications ask if you have ever been arrested and that may impact employment irregardless of whether you were convicted or not of any crime.

    With any employment where licensing is at issue, it is critical that you contact an experienced attorney to see that you take all precautions to avoid any consequences to your license. If you are a CNA, I would suggest you contact an attorney to ensure that you take every step possible to avoid a conviction that would jeopardize your future employment.

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  • Pretrial diversion drug testing

    Will I get into trouble if I test positive on my drug screen for a substance that I am legally prescribed? I can show proof. Who do I approach with the proof and when?

    Antonio’s Answer

    I am not sure how things are handled in your state. However, in CA there are various forms of diversion offered where drug testing is required. As for testing positive for a prescribed substance, usually the court has the probation department or another program handle the drug testing. First, inform the court that you take a prescribed medication so that it is on the record. Then, once it is decided who you are to report to for the drug testing, make sure you inform them of the medications that you are currently prescribed so as not to give a false positive test. The majority of programs and/or probation are familiar with clients who are diabetic or have various conditions where prescription medications are taken. It is fairly common. However, keep in mind that medical marijuana may not be viewed in the same light as insulin or blood pressure meds. The court will often view marijuana like other illegal drugs and a positive test will be a positive test.

    When in doubt, ask your attorney.

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  • Im currently serving 90 days of work release. But recently I caught a possession charge. Should I continue going to work release

    The 90 days is for a dui for drugs I got in February. Then this September I got a possession of controlled sub. & paraphernalia. I havent been to court yet. Should I still go to my work release program?

    Antonio’s Answer

    Absolutely continue going to work release. At this point, you do not know what is going to happen on the new case. Failure to complete the work release in of itself would be a violation, so continue to go to work release. Any luck by the time you look to resolve the new matter (by trial or not) you will have completed work release. It will go a long way in the eyes of the judge to show that you continued to try to do good despite picking up a new case.

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  • Can the court order restitution if I was convicted of an infraction with no probation?

    As stated, I have been convicted of an infraction (Disturbing the Peace - Fighting). I was offered a plea bargain to reduce a naked 245 to the infraction and restitution was never mentioned nor included in the plea bargaining or at sentencing. T...

    Antonio’s Answer

    It sounds like something is missing here. It may be possible that the restitution hearing was set in error or that there was a hearing set as part of the deal for the infraction. It is very hard to say without looking at a docket of the proceedings. Your attorney may be correct that the court does not have jurisdiction to impose a restitution hearing but it is better to be safe then sorry. As my colleague suggested, I would pay off the fines/fees as soon as possible closing out the case. Then see about going into to court to clear up this issue of restitution. It very may well be just an error. What you don't want to do is ignore it. Even if an error, you do not need a warrant (mistake or not) floating around. Best of luck

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  • Live out of county where arrested. Cant afford gas to get to court. What now?

    Was told by Alameda County public defender that if coming to next court date for a criminal misdemeanor was inconvenient because I live 250mi. away, my presence was not needed as long as I called and informed them that I was not going to be there....

    Antonio’s Answer

    As my colleague mentioned, you should contact the clerk's office by phone and find out the status of your case. If you were appointed a public defender, you may also want to call and check the status of your case with their office. Most Public defender offices have a receptionist whom you can speak to about your case. Of course, you may need to provide name and date of birth and/or the case number in order to get any specific information related to your case. On most misdemeanor cases, an attorney can appear for you. However, depending on that particular court some judges require in court appearance. Either way, it is important to find out the status of the case and go from there. Best of luck.

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  • Can time spent in the county jail be credited toward your probation violation sentence of a felony?

    n/a

    Antonio’s Answer

    As my colleagues have alluded, it really depends on the situation. For instance, if you are in custody on the new felony matter you may be given credit for the time serving while in custody. However, if you are doing time on a prior matter, the court may choose not to give you any credits for this new case. I believe what myself and my colleagues are trying to explain is that depending on your current custody status will dictate whether you are entitled to time credits.

    I would suggest that you discuss this with your court appointed or private attorney. If you do not have an attorney, I would suggest you contact one to get a better understanding of your particular situation.

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  • Can i own/possess a firearm if my formal probation was reduced to a summary probation & my felony was reduced to a misdemeanor?

    18 months ago , i was convicted of 2 counts for PC 484 f b and placed on a 3 yr formal probation . about 6 months ago , the felony was reduced to a misdemeanor and my formal probation was reduced to a summary probation . Though my conviction w...

    Antonio’s Answer

    Although your probation status may have changed, the terms of probation usually remain in effect. Meaning, if as a part of your original plea, you agreed to no firearms, that condition remains in effect until the probation period terminates and/or the court modifies probation removing that condition.

    If you have a question as to how long the no firearms condition is in effect, contact your attorney or go to the clerk's office and get copy of court docket. It will show when you entered into your plea agreement, and what the exact conditions were and for how long.

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  • I hired an attorney before the hearing but he is no help whatsoever...but I already got a continuance and no time to switch

    I paid him $1,000 but he has not done anything and I doubt he will return the flat fee. I'm doing my forms myself, asking him and reminding him about it, he tells me let me think about, then does not get back, so I feel like it's me doing anything...

    Antonio’s Answer

    Firstly, it appears to me that you have been able to maintain communications with the attorney you retained. If you are unhappy, I would suggest you make an appointment to discuss your frustrations and see if there is anything that can be done to remedy the problem prior to your hearing. If after meeting with the attorney you are still unhappy, then maybe you can discuss your options. As my colleague suggested, you may: 1. stay with retained counsel, 2. hire someone new, or 3. represent yourself.

    In my experience, the majority of times the problem is a lack of communication. Clients often do not "see" what attorneys are doing to prepare and thus it feels as if they are doing nothing. With that said, I would start by setting up an appointment and meet with the attorney you hired. Best of luck.

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