Benjamin Peter Theule’s Answers

Benjamin Peter Theule

San Diego Criminal Defense Attorney.

Contributor Level 6
  1. My court ordered probation ended sept 20. Does that mean I am no longer zero tolerance.

    Answered 11 months ago.

    1. Cambria L Lisonbee
    2. Benjamin Peter Theule
    3. Michael Kevin Cernyar
    4. Michael Jon Fremont
    5. Anthony Michael Solis
    6. ···
    8 lawyer answers

    You question is a little vague. I am assuming you were convicted for DUI (or other alcohol related) offense where one of the terms of probation was that you always drive with no detectable amount of alcohol in your system. If your court probation is over, then that term of probation does not apply to you. However, if you are under 21 years of age, then you will the California zero tolerance law will still apply to you.

    10 lawyers agreed with this answer

  2. Should I have extra jail credits?

    Answered 12 months ago.

    1. Benjamin Peter Theule
    2. Anthony Janji
    3. Greg Thomas Hill
    4. Anthony Michael Solis
    5. Shelby Nicole Alberts
    6. ···
    6 lawyer answers

    Absolutely. You should have 26 days credit now. You should only have done 6 days actual when you turned yourself in back in December. You might want to try to put your case back on calendar and see if a judge will apply some of the extra time you spent in custody to any outstanding fines you might still owe.

    10 lawyers agreed with this answer

  3. My friend and I were arrested for underaged drinking. I was pretty sure I was completely sober. Never breathalized or tested.

    Answered 11 months ago.

    1. Benjamin Peter Theule
    2. Kathryn Mary Holton
    3. Jorge Luis Rodriguez
    4. Daniel Nelson Deasy
    4 lawyer answers

    Did you admit to drinking? Sounds like the cops have a really flimsy case against you. Of course, your statement here that you are "pretty sure you were completely sober" is problematic. Sounds like you may have had alcohol on your breath and may have shown other signs of impairment from that beer that the cop may testify to in court. Even if there is some evidence against you, I would fight this case in court (given the possible collateral consequences) with the argument that the cop never...

    Selected as best answer

  4. County or Prison

    Answered 12 months ago.

    1. Benjamin Peter Theule
    2. Greg Thomas Hill
    3. Nicholas Milan Loncar
    4. David Philip Shapiro
    5. Jay Scott Finnecy
    6. ···
    6 lawyer answers

    I agree that it depends on what the conviction is for. Since the passage of AB109, certain people sentenced to state prison can now serve state prison sentences in local custody. As long as the conviction you are referring to is not for a disqualifying serious or violent felony offense, or disqualifying sex crime, there is a good chance that the person will be able to serve their sentence in county jail.

    7 lawyers agreed with this answer

  5. Possesssion of Drug paraphernalia - what will happen to me?

    Answered 12 months ago.

    1. Nicholas Milan Loncar
    2. Greg Thomas Hill
    3. Sholeh Iravantchi
    4. Benjamin Peter Theule
    5. Andrew Stephen Roberts
    6. ···
    6 lawyer answers

    Possession of drug paraphernalia is a misdemeanor under California law. Health and Safety code section 11364 makes it illegal to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking certain controlled substances. Of the items mentioned, it seems that the only item that might be seen as "drug paraphernalia" is the dollar bill, if it tests positive for crack residue. However, you might also be on the hook for receiving stolen...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. When petitioning for 851.8 under section L can it be filed under subdivision D instead?

    Answered 11 months ago.

    1. Benjamin Peter Theule
    2. Greg Thomas Hill
    3. Michael Kevin Cernyar
    4. Anthony Michael Solis
    4 lawyer answers

    I hope this doesn't come off wrong, but I would trust in your attorney to do what he needs to do to get this petition granted. He knows your case and what the local court is likely to do given your circumstances. Sometimes there are ways around "the letter of the law" and it seems like your attorney has a game plan and thinks your petition will be successful given his strategy. I know that getting this petition granted is important to you but try to be patient and let your attorney work his...

    5 lawyers agreed with this answer

  7. How much are "Jury Costs" fees in San Jose, CA?

    Answered 11 months ago.

    1. Stephen Amory Meister
    2. Anthony Michael Solis
    3. Benjamin Peter Theule
    4. Jared Christian Winter
    5. Dan Eugene Chambers
    5 lawyer answers

    Are you sure that your understanding of the court's policy in Santa Clara County is correct?? A criminal defendant has a Constitutional right to a trial by jury and the imposition of fees upon conviction seems like it would curtail one's decision to exercise that right.

    2 lawyers agreed with this answer

  8. Do we pay the fine or what should we do?

    Answered 11 months ago.

    1. Benjamin Peter Theule
    2. Greg Thomas Hill
    3. Andrew Stephen Roberts
    4. David Philip Shapiro
    4 lawyer answers

    It sounds like Walmart's intent is to send your mother a civil recovery demand letter based on a shoplifting incident where your mom may have been set up by this other woman. This is not a fine. It's a demand by Walmart to compensate them for the alleged shoplifting. Since the cops weren't involved, not paying their demand isn't likely to result in criminal charges or incarceration. However, if you refuse to pay, they may end up suing you in civil court to recover their costs, which could...

    2 lawyers agreed with this answer

  9. House Arrest vs. Jail 2nd time DUI Orange County Courthouse

    Answered about 1 year ago.

    1. Sholeh Iravantchi
    2. Dan Eugene Chambers
    3. Benjamin Peter Theule
    3 lawyer answers

    Generally, you don't get any Penal Code section 4019 good time credits with a house arrest sentence. But this may not be true everywhere in California. Local practice varies from county to county. Assuming no 4019 credits for house arrest, you would likely serve half the time if sentenced to county jail. You will need to contact your attorney and explain your situation. They would likely call the DA and put your case on calendar for a probation modification to address how your time should...

    2 lawyers agreed with this answer

  10. Do I need to appear at a Civil Harassment Restraining Order, where I am the Respondent?

    Answered 4 months ago.

    1. Benjamin Peter Theule
    2. Howard M Lewis
    3. Simone L Spector
    4. Christopher Daniel Leroi
    4 lawyer answers

    Most courts will require your personal appearance at a civil harassment restraining order hearing. However, there are ways around making the appearance, so I would recommend that you speak to an attorney who regularly practices in your jurisdiction to see what they think. I've seen these hearings proceed with and without the respondent being physically present. Talk to an attorney in your area and they should be able to tell you whether or not you will be able to proceed without being present.

    1 lawyer agreed with this answer