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Francis Rowland Pabst

Francis Pabst’s Answers

70 total


  • In your professional experience, how much impact don't do your client's choices before contacting you affect their outcome?

    I read how important it is to never speak to police and to get a lawyer if you are under investigation by the police. Of all you clients who either had a positive outcome (i.e. no charges) or bad outcome (i.e. going to prison), how much of that ha...

    Francis’s Answer

    There is absolutely NO question that client choices prior to retaining my services play an important part in the outcome of their cases. The single largest example of this is speaking with or otherwise attempting to cooperate with law enforcement prior to being officially charged. Law enforcement is not there to 'help you out.' Make no mistake that they are gathering evidence that will be used against you. Don't make their jobs easier.

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  • I took a plea and was convicted of pc243 (e)(i). Is this a DV conviction?

    I am interested in applying for a dispatcher position with the local Sheriffs Dept. The application asks If I have ever been convicted of Domestic Violence. I understand this to be a battery charge and I'm not sure if the answer to a DV Charge wo...

    Francis’s Answer

    Yes PC243(e)(1) is a domestic violence offense. Specifically defined as battery upon a spouse or cohabitant.

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  • Does public defender's breach of contract (oral agreement) have merit in a habeas corpus petition?

    1st day I met my PD, we became embroiled in irreconcilable conflict. After arguing w/me about the validity of my innocence, and evidence he informed me he'd be going on a two-week vacation and I had the option to either postpone all my court hear...

    Francis’s Answer

    There is most certainly no formation of a contract here. Ineffective assistance of counsel against the Office of the Public Defender, perhaps. But this is not a contractual matter.

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  • Chapter 7 Bankruptcy question.

    I filed for chapter 7 in 2009. How many years must pass before I can file for chapter 7 again?

    Francis’s Answer

    You can file another 7 now but are not eligible for another discharge until 8 years from your last discharge; thus there would be no point. Also the automatic stay would be in place for a limited time due to your repeat filing. You can file a 13 and get a discharge should you successfully complete the plan after confirmation.

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  • Just got a 14601.5(a) with prior wet and reckless arrest

    Hi there I just got a ticket for driving with susp dl 14601.5(a), my prior wet and reckless arrest was less than a year ago. What are my options?

    Francis’s Answer

    • Selected as best answer

    I would not get my hopes up on having this dismissed. The courts have really been going after those individuals who drive on a suspended license following a DUI or a Wet Reckless. This is a misdemeanor charge and carries exposure to five (5) days in jail. Moreover, this offense will be considered a violation of your current probation. It is likely that in dealing with this offense the court will 'revoke and reinstate' you probation for the underlying wet reckless. However, this is a rather serious matter and you should most certainly seek the assistance of a quality local criminal defense attorney.

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  • For Calif misdeamenor: if asked DA for info on their claim and no response--next steps?

    If you are defendant in very minor misd case involving $30 where you requested in writing from the DA to send information as to their claim and documents--but DA did not even respond, nor obviously supplied anything. What could individual non lawy...

    Francis’s Answer

    My colleagues are correct. The DA will not release any documents, referred to as 'discovery,' until the arraignment. And they may not release it all at that point. However, you are required to have a copy of the documents, etc. the DA is going to use against you in prosecuting your case. You should certainly consult a local and qualified criminal defense attorney to make certain that all of your rights are protected.

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  • If a Writ of Possession was issued after a Bankruptcy stay was in force, is it void in California?

    There is also a pending Adversary Proceeding for fraudulent transfer related to this real property in Federal Court. Lender has also not responded to admissions of fraud and they are now admitted.

    Francis’s Answer

    • Selected as best answer

    Unless the creditor/Petitioner had previously sought and had been awarded a relief from the automatic stay with regards to that debt/matter, the action is void as in violation of the stay. Moreover, violation of the stay can result in monetary awards for you. Finally, in order to prevent further action from a court which may not be aware of the bankruptcy, a notice of stay should be filed in the matter which lead to the writ. Having said all that, these are all very simple things for your bankruptcy attorney to look into and address.

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  • Can I be arrested and booked in the county jail if an officer claims to have found dope and refuses to show me? Or does he have

    I was a passenger riding in a truck with a friend. We were pulled over and me being a 4th waiver they had permission to search. They claimed to have found a lot of dope but refused to show me. We were both booked the driver only got a possession c...

    Francis’s Answer

    Agreed. They don't have to show you the dope. But it will most certainly raise an interesting issue in defending your case. I too am concerned about your status as a probationer and strongly urge you to cease communicating on a public forum and seek a consultation with an experienced criminal defense attorney.

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  • Should I bring a lawyer with me to answer some questions in a possible ongoing investigation, should I be concerned?

    A year ago a family member was convicted of receiving stolen property amongst some other charges from the United States Navy. Recently I have received information that the lead detective in his case wishes to ask me some more questions so he can c...

    Francis’s Answer

    First, you should NOT be talking in this much detail on a public forum. Second, you should NEVER speak to law enforcement without an attorney present. It's your Constitutional right not to. You should consult an experienced criminal defense attorney in your local who will assist you in this matter.

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  • The landlord that rented me the house sold the property and filed bankruptcy. How can I get my security deposit back?

    my lease is up at the end of the month how do I get my security deposit back? I'm trying to leave the property sooner do to neither party making repairs to the house. I know the first landlord is still renting properties out because I've seen them...

    Francis’s Answer

    I agree with my colleague. You need to know where in the bankruptcy proceedings the landlord is currently as well as what chapter was filed. It is also correct that it depends on how and the bankruptcy was filed and what corporate entities are/are not involved. Finding out, however, is actually fairly simple. All you need to do is (I) access the bankruptcy records for this case on PACER (if you have access); or (II) go to the bankruptcy court and request to see the docket and the file. A bankruptcy proceeding is a matter of public record.

    Of additional concern is that you have a limited time frame within which to file a Proof of Claim (which is necessary to be included as a creditor of the landlord), and it is correct that you will likely not recover all of your money, if anything. Best of luck

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