Amanda Fay Benedict's Answers

What is the procedure to appeal a California courts child custody decision?

Your daughter can file an appeal to challenge the trial court's ruling. However, there are strict time restrictions with filing an appeal. Generally, a notice of appeal (http://www.courtinfo.ca.gov/forms/fillable/app002.pdf) must be filed within 60 days from the date of the final judgment being challenged. While it only costs $655 to file a notice of appeal, pursuing an appeal can be very time consuming and costly adventure. Family law appeals in the Fourth District Court of Appeal,...

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What are possible consequences for 2nd degree murder with gang enhancement

The standard punishment for second degree murder is a sentence of 15 years to Life in state prison. Persons who commit violent crimes for the benefit of a street gang receive an consecutive 10 year state prison sentence. Therefore if a person is found guilty of second degree murder with a street gang enhancement then he/she could be facing a total of 25 years - life in state prison.

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What is receipt of child pornography? (does gmail count)

Even though you did not "download" the images to your computer, your computer still retained a record of you viewing the imagaes. This is just like if you went to a website and viewed child pornography images on the website - there would still be evidence of what you viewed on your computer. It is against the law to view pornography depicting children. If you receive such an email, to not open the message, do not acknowledge receiving the message, simply delete it. If you have been...

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CA child custody laws, procedure for appealing a child custody decision

Challenging a child custody order on appeal can be a costly task. If you were represented by counsel during the custody proceedings, you should contact that attorney for assistance in filing a notice of appeal. If you were not represented by counsel, I highly recommend that you retain the services of an appellate attorney who is familar with child custody laws. If you are going at this pro per (without an attorney), then you should carefully read the free resources available at the...

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New born child and CPS took custody

I reppresent many people invovlved with child protective services at the appellate level (not in trial court). CPS can take custody of a child when the Agency has reason to believe the child's safety is at risk. Among factors the Agenecy can consider is the mother's progress/or lack of progress on any open case plans. If a mother has an active case with CPS for her other children, and is not meeting the requirements of her case plan, then the Agency has grounds to believe that the mother may...

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Personal injury

In addition to contacting the ACLU, you should also contact several other civil rights organizations. Because the dispute involves a member of the KKK, you may want to contact the Southern Poverty Law Center. (http://www.splcenter.org/) They have been very successful in investigating and litigating civil rights claims against the KKK across the nation. If they are unable to help you, they may be able to recommend an attorney in your area.

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What is the possible fine for first time offender for shoplifting

Unfortunately, your question is not entirely clear. Only the District Attorney can file criminal charges. Therefore if the district attorney is not proceding with a criminal prosecution (in your case, petty theft (Penal Code section 484), then you will not have a criminal record. However, RiteAid can file a civil law suit against you for the value of the property stolen. Because of the small dollar value, the civil law suit would be filed in small claims court. A civil judgment would...

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How many appeals does a person get if they are sentenced to LWOP

Any person convicted of a felony in California is entitled to one direct appeal. This is true regardless whether the person is convicted of a simple drug offense or a homicide with a sentence of LWOP. After the Court of Appeal rules on a direct appeal, the defendant has the right to ask the California Supreme Court to review the Court of Appeal's decision. If the California Supreme Court denies review, or grants review but affirms the conviction, the defendant then may file a petition...

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Criminal appeal a.s.a.p.

Attorney Amy Guerra provided you with excellent links for the notice of appeal form and information on how to check on whether a notice of appeal has been filed. However, throughout your question you make reference to how YOU don't trust your bf's lawyer and how YOU want to get the paperwork out of the lawyer's hands. While I am sure you love your boyfriend and are trying your best to help him, the responsibility of filing a notice of appeal and/or changing lawyers ultimately rests in...

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Will my 16year old daughter go to juvinel hall? if so for how long?

There is always the possibilty of your daughter being ordered to serve a day or more in juvenile hall to impress upon her the seriousness of her actions. However, typically, the juvenile courts like to choose the least restrictive means of punishment available based upon the offender and the type of crime committed. Typical first time offenders who commit non-violent misdemeanor offenses receive home custody - i.e., they are required to be home whenever they are not at school. In addition...

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