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Gerald Blank

Gerald Blank’s Answers

274 total


  • What does (sar) stand for under (ROC)

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    Gerald’s Answer

    SAR often means search and rescue. It can have an impact on what is known in the law as "probable cause" which is important because probable cause must exist in some form before a law enforcement officer can initiate contact with you that delays or impedes you in some way.

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  • I am currently 19, but almost 20 and my girlfriend is 17.

    I have been dating my girlfriend for 13 months, met her when I was 18 and she was 16. We started dating in highschool I am looking to protect myself from ruining my life. We are not sexually active and don't plan on it. I just want to know if we a...

    Gerald’s Answer

    This is a very tricky area, and angry girlfriends or parents can ruin a life even though you don't believe that could ever happen. Do not get sexually active in any way. This is where you want to call a lawyer for some free confidential advice, and not put much out on the internet. You're being careful, and I appreciate that, but no-one wants to see you get caught in some kind of prosecution campaign. Call a lawyer. See a lawyer. Matters like yours are often "no-charge."

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  • How does the 3 strikes law affect a parolee from out of state?

    My brother-in-law is in prison in Ohio and is going to be serving his 5 year parole in California. He says he has 3 strikes in Ohio. Will those strikes be a problem when he gets to California? He cannot stay in Ohio and we are the only family he...

    Gerald’s Answer

    Your brother in law's priors are no problem in California unless he gets in trouble with the criminal law here. Then, the nature of each prior could become very important, and he could be imprisoned for life if convicted with certain priors.

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  • Fare Evasion categorized as an infraction, will this go on my permanent record?

    This is in the state of california and I was also wondering if I could somehow go to a courthouse in a different county because I will no longer be in the area during my court date. Will this show up on my driving record even though I was not driv...

    Gerald’s Answer

    No, you cannot go to a court in another county. But, you can often respond by mail if the ticket is an infraction. There is a "record" of infractions, but the word "record" is often misunderstood. First, the question becomes whether there's any conviction, infraction or not, to go with the ticket. In any event, if it is an infraction, it is not very serious in the eyes of the law, and any "record," should not interfere with job applications, etc. It will not show up on your driving record unless there is a fine you fail to pay. Then, reissuance of registration and driver's license can be a problem.

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  • When a case is dismissed without prejudice, is a previously ordered 4TH waiver deleted, & 4th rights automatically reinstated?

    I was arested in Oct. in chula vista. At the arraignment I waved speedy trial and the court pre-disposition minutes stated that the "defendant waves 4th amendment rights and agrees to submit person, vehicle, place of residence, property, personal ...

    Gerald’s Answer

    Yes, the 4th waiver is done, as to the case which was dismissed without prejudice. Watch out, it could be alive if you have any other case. While the prosecution is taking its time to decide to refile, if it does, there is no 4th waiver in effect in that dismissed case.

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  • How long does it take for an arrest to show on your criminal record ?

    I got arrested for drunk in public and I'm wondering when it will show up on my criminal record ? I didn't get charged with anything and don't have to go to court so now what ? I need this off my record...will it even show up on my record ?

    Gerald’s Answer

    • Selected as best answer

    The "record" is often misunderstood. If no charges were filed in court, then there is no court record. The law enforcement agency which arrested you and federal law enforcement agencies like the FBI will have the record of the arrest, which, without a conviction, is legally meaningless. Employers and the public are not allowed access to these law enforcement records.

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  • How can I fight a no face no case situation when the victim of a kindapping charge is not willing/availble to be cross examined?

    The victime is the exwife of the pro per. He is being chargeedwith kidnapping and she does not want to be involved in anyway with the case including not wanting to be cross examined.

    Gerald’s Answer

    The smart thing to do is for the potential witness to get her own lawyer and let the lawyer do the fighting for her. There are usually ways to keep her off of the witness stand.

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  • I'm in retirement. Can I enroll in a DUI 90 day program for 4-5 hours a day in a 30 day period?

    I'm in retirement. Can I enroll in a DUI 90 day program for 4-5 hours a day in a 30 day period in San Diego, California?

    Gerald’s Answer

    Yes, you can often take the classes quicker, but your suspension will not end sooner and the school may not give you a certificate of completion before the regular class is over. I sense from your question the you're really after a shorter suspension and that won't happen.

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  • I work for an attorney and we fired an employee that called clients to make fake and false bar complaints. They were dismissed.

    What can we do to help him? Can he sue them? Is this fraud? They also failed to pay him. He was also sent letters to pay them money in exchange for not filing a bar complaint. His health failed. He is a good hard working person and the whole thi...

    Gerald’s Answer

    • Selected as best answer

    I must agree with the other answers. This is something the lawyer has to deal with, not the lawyer's employee. I know you care deeply for the lawyer, and appreciate that, but there's little or nothing you can personally do.

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  • What are the consequences, if any, if the Husband cancels the car insurance without notifying the Wife?

    There is an ATRO filed with the courts and the Husband cancels the Wife car insurance without notifying her. The wife had no insurance for 2 weeks, she found out when she received a courtesy letter from the insurance company.

    Gerald’s Answer

    The first consequence is that you should get your own insurance, right away. Don't drive without it. Then, take the matter up with the court, especially if your husband violated a clear order not to cancel the insurance. If so, most courts will require the husband to pay you the cost of the insurance.

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