Tate Ryan Lounsbery's Answers

I need a criminal defense attorney for my son. It's a longer story than the characters allowed in this text box will allow.

A criminal threat can be charged either as a misdemeanor, a felony, or a strike felony. California Penal Code section 422 will tell you what a criminal threat is. The facts as you give them may be useful to help your lawyer get the criminal threat charge dismissed. Of course you have not told us the whole story, but your account of what happened suggests that you should have a lawyer who is willing to fight tooth and nail to get the criminal threat charge dropped. You might go here to read...

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Regarding: Motion of Early Termination and 1203.4 Petition.

As you said, you need to file a motion for early termination of probation first. You can try to have it all done at the same time. There is no form to fill out when filing a motion to terminate probation early. Instead, it is written on a "pleading" paper that has to be written up for your particular case. It also must include a declaration. You would be wise to obtain the assistance of a lawyer, even if just for this portion of the work.

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Do I have a good chance of staying out of jail for misd. vandlism if i have a good job?

You need to be concerned about the new case but also the case for which you are on probation, and also your employment. As the other attorneys said, in most situations jail time is unlikely. You need to consult with a lawyer who knows the judges and prosecutors involved in your case.

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Out on bail and fighting PC 422/Criminal threats with Public Defender. 50 years old with perfect clean record up until now.

What is your recourse? You can hire a private lawyer that will fight for you. Or you can ask the judge, in a "Marsden" hearing, to assign you a different public defender. Of course, the other option is to trust the deputy public defender assigned to your case. Penal Code 422 can be charged either as a misdemeanor or a felony. If filed as a felony, it can be a strike. It sounds like your case might be a misdemeanor because of the offer--PC 415 is typically an offer you see on...

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GOT A DUI IM A MINOR 19 years old had some questions and some thing im not sure about sorry about the typing

You should write down everything that happened that night, with as much detail as possible, to the best of your memory. The police officers write their report immediately after the incident. This means that the facts are fresh in their mind when they're writing it down. This lends credibility to their report. You should do the same thing. The longer you wait to record the event in your own words, the less you will remember about it. Any good lawyer will want you to provide to him or her...

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2nd DUI and arrest while not driving, claimed hit and run.

You should write down everything that happened that night, with as much detail as possible, to the best of your memory. You should write a list of possible witnesses to anything that happened that night, with their phone numbers. You should consider whether you will need a public defender at your first court date or whether you have sufficient means to hire a lawyer. If you can afford your own private attorney, you should start searching for a good lawyer in your area.

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Would like to hire attorney to make sure an expungment is not On FBI & NCIC

The word "expungement" is really a misnomer. Your misdemeanor conviction in the CA Superior Court (as an adult) does not come off your record when it is expunged. When a judge expunges your conviction, he or she in essence takes back the conviction and dismisses the case. The entry on your record that shows a conviction does not come off. Instead, another entry is added that shows that the criminal charge against you was dismissed pursuant to Penal Code 1203.4.

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Should I get a lawyer if my ex files for reconsideration of a protective order?

It is nearly impossible to answer this question for you with a yes or a no. The factors you will want to consider are how much disposable income you have, what skills you have that you might be able to employ acting as your own attorney, and what risks are involved if the judge decides against you. I recommend that you call a handful of attorneys in Bakersfield, rather than rely on your question posted here, to find out how much an attorney might charge you. Best of luck.

Custody Agreements Internationally

If there is no current court order relating to the various rights of the parents to legal and physical custody of their daughter, then your friend can take her child anywhere she chooses, for as long as she chooses. That's the general rule. However, if there is an existing court order that sets forth the legal and physical custody rights that she and the child's father have with respect to their daughter, then your friend must abide by the terms of that order. If she wishes to change the...

Can i subpeona a psychologist for the address of the person i am taking to small claims court?

You can subpoena the psychologist, but there is pretty much no chance that the subpoena will result in your obtaining the information. You need to find another way of finding your niece. You can hire an investigator. You can use the internet. You can hire a skip tracer. All of these will be better strategies for you. Good luck.