Domenic John Lombardo’s Answers

Domenic John Lombardo

San Diego Criminal Defense Attorney.

Contributor Level 7
  1. How should we proceed with our son on informal probation and getting caught shoplifting

    Answered over 5 years ago.

    1. Joseph Briscoe Dane
    2. Domenic John Lombardo
    2 lawyer answers

    Your son may have been placed on informal supervision without admitting the conduct in the old case. This means that it may not be too late to fight that old charge. In that case, your son will face charges in a new petition filed by the Distinct Attorney that will include charges relating to the old matter and charges relating to the new matter. On the other hand, if he was given informal probation after admitting the conduct in the old matter, he will now face disposition (sentencing) on the...

  2. If someone is found with cocaine on them and one of the charges is intent to sell can they still be eligible for diversion?

    Answered over 5 years ago.

    1. Gabriel Eric Dorman
    2. Domenic John Lombardo
    2 lawyer answers

    No. Diversion is not available even without the intent to sell charge because of the battery charge. The best defense in a case like this is to demonstrate illegal police entry of the house. If this can be proved, the charges may be dismissed.

  3. Is it legal to add charges to a case based on heresay?

    Answered over 5 years ago.

    1. Deirdre Lynn O'Connor
    2. Domenic John Lombardo
    3. Alan James Brinkmeier
    3 lawyer answers

    Yes, they can add charges based on evidence presented at the preliminary hearing. While hearsay evidence is admissible at the preliminary hearing, it may or may not be admissible at trial. A proper evaluation of your son's defense will take into consideration this major distinction between the evidence the prosecution can use at preliminary hearings and jury trials.

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