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Christian M Ham

Christian Ham’s Answers

7 total

  • Will I have to go to court or wait for charges to be filed?

    My friends and I were in the parking garage after a night at the club when a fight broke out between a couple and the guys that I was with. Initially, I didn't get involved, but when I saw my cousin on the floor getting hit by the female, I went t...

    Christian’s Answer

    First, you have a right to a lawyer, and in most jurisdictions, if you cannot afford one the court will appoint a lawyer at the first court proceeding (arraignment). In other jurisdictions where the charge is a misdemeanor, the prosecutor actually discusses an offer with you in court. Check local counsel to determine whether or not your jurisdiction appoints public defenders at arraignment.

    Second, if you "didn't do anything," and in fact the video reflects you did nothing, then maybe the prosecutor won't even file charges against you. Prior to your court date, you can have a private lawyer contact the prosecutor to inquire whether or not charged were filed, rejected, or whether the case is under review.

    If you can afford a lawyer, I suggest you hire one, but if you cannot, there's nothing wrong with going with the court appointed lawyer.

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  • Extradition

    will california extradite me from colorado on 3 misdemeanor warrants? when i lived in texas california refused to extradite me.

    Christian’s Answer

    Probably not. But they may. The solution, if you are looking for one, is to have a lawyer recall the misdemeanor warrants in California so that you no longer have to live in fear of extradition.

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  • Court Disposition letter FOR DUI

    I got a DUI in santa clara country,CA in 2011 and i Have finished everything ordered by the court and i now want a disposition.I am on three years informal probation .When i went to the court and asked for disposition they give me the sentencing d...

    Christian’s Answer

    The sentencing document you obtained from court is the final court order and can be referred to as "the disposition." There is no probably no court document that will indicate you have completed everything ordered by the court.

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  • Termination of early probation

    What are the chances u can get off probation early if I have completed 2 1/2 years of my 3 year time??? I am on call ins now and donthave to report to probation at all

    Christian’s Answer

    Your chances are good if you can show that doing so would be in the interests of justice. Meaning your reasons for terminating probation have to be legitimate. My clients have had success in terminating probation early when their employment is affected.

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  • Can I reopen an old petty theft case and ask the judge to reduce it from an misdemeanor to an infraction?

    I plead "nolo" to petty theft in December 2007 in Stanislaus County. The total was $20.00. My attorney told me to plead. He was doing pro bono. This conviction is haunting me with regards to jobs. I received fine, summary probation and a week in ...

    Christian’s Answer

    Pursuant to Penal Code Section 490.1, where the value of money/property taken does not exceed $50.00, the case may be charged as a misdemeanor or infraction, provided of course the accused does not have any prior theft-related convictions.

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  • Can I be convicted of PC 653(m) misdemeanor case from a year ago if my wife (victim) refuses to testify because we reconciled?

    A year ago my wife and I were having problems and she filed a police report of PC 653(m) against me. I had no intention of harassing her, just to get her to communicate with me. However, my texts were not nice and were repeated so it's easy for ...

    Christian’s Answer

    Thankfully, under the landmark case of Gideon v. Wainwright, 372 U.S. 335, you have a right to a lawyer, and if you cannot afford one, the court will appoint one for you. An appointed lawyer in your jurisdiction will provide you answers to your important legal questions.

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  • I have court Thur. at 130, (arraignment) and don't have an attorney. I need to hire representation but don't know where to start

    my first court date was the 31st of last month. I want to hire my own attorney because I feel the dispute against me is complete BS. they gave me a continuance or extension for this Thursday (6-20-13) @ 130 for my arraignment with private council....

    Christian’s Answer

    Don't panic. Although you don't have much time to interview and hire a lawyer, the worst thing you can do is hire the first lawyer you speak with. If you need additional time to find a lawyer, there is nothing wrong with asking the court for more time. Make sure you have proof of your illness to show the court. If the court does give you more time to find a private lawyer, then interview a couple of lawyers who practice exclusively criminal defense.

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