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Richard D Huffman II

Richard Huffman’s Answers

9 total

  • Can I plead the 5th in a domestic violence case if I am worried about the safety of my children?

    I am worried about the safety of my children but I am getting served a subpoena to testify in a domestic violence case. I know I have to show up but do I have to say anything in court?

    Richard’s Answer

    • Selected as best answer

    It is not clear from your question exactly what you are concerned about. Asserting your 5th amendment rights really only protects you from incriminating yourself regarding criminal matters. If the actual concern is a fear of retaliation against you or your children, that is a another issue entirely. Either way, you really do need to consult and attorney immediately.

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  • Is it possible to speak directly to an assistant district attorney if you are a conservator of 44 year old child?

    My son is accused of a crime I don't believe he was aware he was committing. Is it possible to present evidence to someone in the district attorney's office myself? My son is in custody now and we are unable to get visitation until Wednesday. Dete...

    Richard’s Answer

    First, as the other attorneys have said, it is a really bad idea for you to try to contact the District Attorney's office directly. There are a number of reasons for this, but one primary one is that you can count on the prosecution to use anything you tell them against your son. I would encourage you to leave this to counsel.
    As for the visitation problem, mental health facilities, even in a jail setting, are given some leeway in managing visits and scheduling. It would depend on where your son is being held, and this problem would also be best addressed by counsel.
    Lastly, addressing a point raised by other counsel, attorney fees can definitely vary on this type of matter. A lot would depend on what specific materials were found, where, and in what condition. I handled arson and bomb cases as a prosecutor, and there are factors to consider. For example, if what one found was a small number of old, construction-grade blasting caps, in a room formerly occupied by someone in the construction industry, this could be less of a problem. On the other, possession of new, military grade detonation cord, found in a residence, would make this a much tougher case.
    In any event, in light of the issues here, your son most assuredly needs an attorney....

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  • I am on felony probation for another two years. Within the last two years I have been diagnosed with some debilitating medical

    complications (a few life terminating) that COMPLETELY interfere with EVERY aspect of my life ,every minute of every day (COPD,CHF, Emphazema, diabetes, sleep apnea) I have been indirectly told I shouldnt plan much after 2016. not being able to g...

    Richard’s Answer

    Counsel can also petition to have your probation converted to "summary", eliminating your duty to check in with a probation officer. If you have restitution outstanding, it is unlikely you will be able to completely terminate probation, however.

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  • Under what circumstances can a confession be suppressed from evidence? This case is a felony DUI case.

    He was read his rights and agreed to waive the right to an attorney. The questioning was several hours following a car accident where the defendant had suffered a concussion. Along with the admission that he had drank a certain amount before drivi...

    Richard’s Answer

    The other attorneys who have responded have covered most of the issues here. I think I would also urge you to get as much documentation as possible of the client's concussion and/or other injuries. Concussions can cause confusion, but it matters a great deal not only what injuries the client sustained, but how close in time the injuries were to the questioning. I had a client who made all sorts of admissions and other confused statements as paramedics were wiping blood off of him, and loading him into the ambulance. To this day he has no recollection of even seeing the police officer, let alone speaking to him. In that case we successfully suppressed his statements, but we had testimony from the first responders that he was confused and rambling, emergency room and ICU staff that confirmed that he wasn't sure of his own name, and a physician who was willing to support our position.

    Thus, the unique facts of this case, and how well you can document them, are critical to determining whether these statements can be suppressed.

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  • When should I contact a criminal defense lawyer? My first court date is in 10 days!?

    When I was being held at the police station in Los Angeles California, the officer who arrested me told me I was going to receive a letter in the mail which had more information about my case. I was suppose to receive the letter the week after the...

    Richard’s Answer

    Time is of the essence. As all the other attorney have advised you, get counsel NOW!

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  • Can i go back to macys without getting into trouble?

    Was caught with petty theft nd arrested i think this year. And they said i was banned for a year....or two years i think. I need something from macys. If i go in and buy it with cash would i get in trouble still? How often do loss prevention check...

    Richard’s Answer

    The standard probation term for petty theft is typically three years. A "stay-away" order means precisely that, and violating that order is, in turn a violation of your probation. You could go to jail for that. I agree with the other attorneys here. Stay out of there!

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  • Indio, CA criminal--anyone seen how the new Diversion program works in practice?

    1--Are persons eligible either for first time misdemeanor or infraction charges for less than $50? 2--Any negatives so far beyond the apparently $275 cost of a 6 hour class?

    Richard’s Answer

    I saw the new program applied to a number of concert-goers who got into trouble at the Coachella festival. Other than the cost and the hours there does not seem to be any downside. And counsel is correct; if you do what they tell you to do, and abide by the rules, the case is dismissed. It looks like a great plan, if you qualify.

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  • If i have an old theft misdemeanor (not juvenile) will expungement make a difference?

    Does this record disappear or lose effect (on employment or anything related) after a certain period of time? Is it possible that getting it expunged would make it accessible, prolong its existence or any other type of negative effect?

    Richard’s Answer

    I would encourage you to seek relief under Penal Code Section 1203.4. There is no real downside to doing so, and it will make the conviction harder to find in some searches. As a practical matter, whether someone finds it, or you are required to disclose it, there is a benefit to be able to say that the case has since been dismissed and "expunged".

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  • Can I get a job in California, in the sheriffs dept with a sealed juvenile record?

    My juvenile record includes 2 felonies

    Richard’s Answer

    if you have not actually taken the formal steps required to actually seal your record, you will need to do so. This does not happen automatically. And, even if the record is sealed, you will have to inform the department that you do, in fact, have a sealed juvenile record. Whether that excludes you from being hired is completely within the discretion and hiring guidelines of the agency.

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