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Domenic John Lombardo
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Domenic Lombardo’s Answers

13 total


  • My son received a ticket with a violation code and section 488 - Petty Theft, can you give me some guidance?

    My son has always been a good kid, he has no previous record, he is being part of the school Student Government and ASB, he is 18 yrs old senior graduating this June and he is going away to college. Do I need to hire an expensive attorney or ca...

    Domenic’s Answer

    The Office of the Public Defender provides excellent representation but only for those matters that have already proceeded to court. A private attorney is in a position to work on the case before the first court date. You should consult with a private criminal defense attorney to determine exactly what work, if any, is necessary to possibly improve your son's legal situation in the event charges are filed.

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  • 3rd dui. I was sentenced to work furlough today. I tried to turn myself in to do jail time instead and wasn't admitted.

    I had specifically asked my public defender if I needed a court sentence to turn myself in and he said no. Nor did he state a specific time to turn myself in so I assumed it would be ok to turn myself in today. What now?

    Domenic’s Answer

    If this is a San Diego matter, call work furlough (619) 232 -8600 and see if they will take you as surrender. If they won’t take you, you must appear in court immediately to have your case added-on to the court calendar where you were sentenced. If your matter is downtown San Diego, and if you show up at court before 8:30 A.M., they will put you on the morning calendar, if you show at a later time but before 12 P.M they will add you on for the afternoon. If the warrant gets issued they may not add you onto the calendar for several days. Your public defender should be available to help you with this problem.

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  • What kind of time is he looking at for a robbery?

    he has one strike and a strikable offense in another state. now arrested for robbery.

    Domenic’s Answer

    This answer is a duplicate of my answer which was submitted in error under a misspelled screen name:

    The determination of whether an out-of-state offense actually qualifies as a serious or violent felony ("strike") in California is a complex question. Many theft offenses from other states do not automatically qualify as strikes here in California because some element of the offense is materially different from that here in California. I have recently had success challenging alleged strikes form Arizona, Oregon, and Ohio. If the prior conviction does qualify as a strike, the prosecutor and the court retain the power to dismiss the strike in the "interests of justice." Otherwise, the consequences can be severe: no probation, double the sentence, prison time served at 80%, possible consecutive sentencing, and possible enhancements (five-years for “nickel” priors, etc.). Two prior strikes offenses elevate this new case to a potential life sentence. I would have to have a copy of the complaint to evaluate this matter further.

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  • How can we go about getting my friend out of jail?

    My friends probation officer was changed and the probation officer never came out to house like he was suppose to for the last four months. Does the probation officer have the right to put him in jail?

    Domenic’s Answer

    Yes, the probation officer can arrest a probationer where probable cause exits to believe that a violation of probation has occurred. Felony probation violations typically result in a no bail hold on a defendant until he or she is produced in court for a hearing as to whether probation has been violated. The probationer can request bail at this hearing, or a release on his or her own recognizance.

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  • I would like to dismiss the attorney I hired to represent my son, he has done nothing to defend him. How much time do I have?

    There are many discrepancies regarding rape charges my son is facing and the current attorney does not communicate with me. He wants my son to be put away for life and not see the light of day. He is basing everything on one psyche report that m...

    Domenic’s Answer

    You cannot "fire" the attorney. The attorney is ethically, legally and morally bound to your son, not to you. The decision to continue with the attorney is your son's to make, not yours. On the other hand, your son has the right to the attorney of his choice. If he cannot hire another attorney he should act quickly to ask his present attorney to arrange for the Public Defender's Office to be appointed. Although he cannot choose his P.D., some of the best attorneys in the County work as P.D's.

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  • How should we proceed with our son on informal probation and getting caught shoplifting

    My 17 year-old son is currently on informal probation due to a knife that was found in the glove compartment of his car on school grounds. He recently got arrested for stealing a $3 bottle of beer which was done on a dare by his peers. What will...

    Domenic’s Answer

    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 old case as well as charges relating to the new case. I know this sounds complicated, but without having access to the documents in his matter I cannot tell you specifically how this will play out.

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  • 2nd Degree Burglary

    I was arrested Saturday evening for Commercial Burglary. It would have just been shoplifting but i had no money so it turned into Burglary because of intent. This is my first arrest and the total amount of the merchandise i tried to take was $13.9...

    Domenic’s Answer

    • Selected as best answer

    There is an extremely high likelihood that this matter will be filed as a misdemeanor, not a felony. You won't face any more jail time. You may be able to avoid a conviction entirely if the retailer agrees to a civil compromise. In any event, the court will not impose drug conditions in a matter resulting in summary probation or where there is no basis to order testing.

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

    My friend was arrested when someone called about a domestic disturbance occurring at the home. The police forced entry after the person who opened the door closed it a bit to yell for the owner of the home. The police instantly threw the man who o...

    Domenic’s Answer

    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.

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  • 4 Warrants and only one surrenders

    Out of the 4 warrants issued with the same case number, only one surrenders. How does this benefit the one that surrenders. While the other 4 flee?

    Domenic’s Answer

    You will possibly get a benefit on the issue of bail. The court looks favorably on people who surrender rather than those picked-up after running from a warrant. An attorney can only advise you to surrender on the warrant; in any event, it would be impossible to predict how you would fare relative to the others simply because you surrendered earlier in the case.

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

    my son is being charged with assault during domestic violence. the victim testified at the prelim that there were other incidences in the past. based on her testimony, the DA has added additional assault charges. the witness/victim s not credible ...

    Domenic’s Answer

    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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