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Benjamin Peter Theule

Benjamin Theule’s Answers

27 total

  • How much does it usually cost for a lawyer to fight a restraining order?

    I got in an argument with my ex and she is making false statements

    Benjamin’s Answer

    You will likely be hard pressed to find an attorney here who will quote you a fee price without first knowing significantly more about your case. Even then, the AVVO legal advice system is not designed for individual lawyers to advertise their services, so you will have a much better chance of finding your answer if you contact a criminal defense or family law attorney that practices locally in San Diego.

    Also, there really is no such thing as a "usual" cost for an R/O hearing. Most legal services are not priced the way items are in a store. It will probably be a flat fee and it will probably need to be paid entirely up front, but as to the specific price of representation - that will depend on many factors including the facts of the case (i.e. the amount of work the attorney believes the case will take), the availability of the attorney, the level of experience/schooling/training the attorney has and in some cases the client's financial situation.

    I wish you the best of luck!

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  • Does california expedite for dv conviction?

    friend of mine is thinking not showing up for court for his 3 month progress check in with judge. what is going to happen if he does not show up in court? he is living in another state but was convicted here in California

    Benjamin’s Answer

    I agree with Ms. Lias's advice. If your friend does not show up for his progress check, or have an attorney show up for him, a bench warrant will almost certainly be issued and will also likely count as a violation of his probation, which depending on the details of his probation (like if there is custody time hanging over him if he violates probation) could mean time in jail or prison. This is also particularly likely if he has any prior DV arrests, convictions or probation violations.

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  • How long do l have to file suit against my employer

    Allowing residents of a sex offender group home to touch and stalk me. Consequences were not given which is standard procedure. This happened on three separate occasions. All incidences were reported to my employer immediately. This is a no-contac...

    Benjamin’s Answer

    Questions regarding lawsuits against employers should be posted under Employment Law or Civil Litigation. You have posted under "Criminal Defense." I have moved this question for you to Employment/Labor law. I recommend you contact a local attorney who specializes in employment law.

    As for the harassment issue, if you believe you are being inappropriately touched/contacted by sex offenders, you should contact local law enforcement. However I recommend speaking with an attorney who specializes in employment law first as this may complicate your situation.

    Best of luck!

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  • DMV Mandatory Actions Unit changed their mind about giving me my (restricted) license back. What can I do?

    I sold my vehicle a couple of months after I was sent a form for the IID exemption (got my DUI in Alameda County in 10/2011), I did not send it in right away, although I had intended to sell the vehicle. When I finally submitted it, it was denied ...

    Benjamin’s Answer

    Contact a criminal defense/DUI attorney who is local to San Jose. Most criminal defense attorneys offer free consultations.

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  • I am charged of theft just because i put my bag on the top of the bag of the person who lost a $40 inside her bag.

    Based on cctv report, the bag of my co worker dis appear during i left the locker room. My conscience is clear. How can i defend myself?

    Benjamin’s Answer

    Your best option for defending this case is to hire an experienced criminal defense attorney who practices locally in the area the incident occurred.

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  • How do I go about this speeding ticket?

    I got a speeding ticket and paid to have someone write me a trial by written declaration. I got back the decision and it's still guilty but it does not give me the option of traffic school now?? Can I just pay the extra amount that it would have c...

    Benjamin’s Answer

    I definitely agree that asking for a trial de novo is the best course of action. Keep in mind that you only have 20 days after the courts decision to make this request. At the trial de novo you will have the opportunity to fight the charges anew, request traffic school, or try to strike a deal.

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

    I am currently in a family law matter over custody and visitation of my children with their mother. She attempted to get a Domestic Violence Restraining Order against me, but the judge denied it. She has not filed a petition for a Civil Harassme...

    Benjamin’s Answer

    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.

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  • I was arrested with charges of felonies but released before seeing the judge "with no file". What does that mean?

    I was arrested with charges of drug felonies in a prison visit. I went to my arraignment while in jail but the judge refused to see me because there was no file on me. What does that mean? My father was the one that was the one who did the crime...

    Benjamin’s Answer

    Because these are serious charges, the DA has up to three years to file against you. Sometimes the DA is waiting for a lab result before they file on this type of offense. However, given the fact that they didn't issue charges is a good thing and keeps open the possibility that they are not interested in prosecuting you or they see a big hole in their case. You are not out of the woods yet, but your chances of escaping this situation without charges is definitely increased.

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  • I got a speeding ticket, went to court and plead guilty, I asked for community service and failed to finish due to unemployment.

    I am being fined 860 for failing to finish my hours but I am still unemployed and have no financial help, and to make it worse they might suspend my license, is there anything I can do to have the court work with me towards paying the ticket off?

    Benjamin’s Answer

    I agree with my colleagues that the best course of action would have been to go back into court BEFORE the deadline to ask for more time to complete your community service. However, a this point, I think your best bet is to STILL try to go back into court, and hope you get a cool judge who is forgiving of your situation and gives you a break. You may luck out and get the extension you want, but you may have an uphill battle, given the fact that your time to complete has expired.

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

    For a misdemeanor trial in Santa Clara County CA, the defendant may be assessed "Jury Costs" fees if he is convicted. Approximately how much are these "Jury Costs" fees ? Are there any other court fees related to conducting the trial that are...

    Benjamin’s Answer

    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.

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