Gerald Blank’s Answers

Gerald Blank

San Diego Criminal Defense Attorney.

Contributor Level 13
  1. Legal name change with prior felony

    Answered over 2 years ago.

    1. Gerald Blank
    2. John M. Kaman
    3. Andrew Stephen Roberts
    3 lawyer answers

    Yes, you can legally apply for a name change. The procedures are complex. The real basis for denial of a name change application is if the court finds there is intended fraud involved. As long as there is no basis for finding fraud, the prior conviction should not iterfere.

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  2. 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?

    Answered about 2 years ago.

    1. Tai Christopher Bogan
    2. Gerald Blank
    3. Gilberto Benito Vega
    3 lawyer answers

    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.

    3 lawyers agreed with this answer

  3. After reading the new federal sentencing guidelines could they help my sister and zone do she fall in with her charges trafficki

    Answered over 2 years ago.

    1. Gerald Blank
    1 lawyer answer

    Anthing "could" happen. I depends on a lot of factors and they cannot all be handled online in a forum such as this. You are just going to have to wait until your sister consults with her court appointed attorney or hires a private attorney. I suggest you stop posting the same question over and over again.

    3 lawyers agreed with this answer

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

    Answered about 2 years ago.

    1. Gerald Blank
    2. John M. Kaman
    3. Andrew Michael Limberg
    3 lawyer answers

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

    Answered over 2 years ago.

    1. Gerald Blank
    2. Michael Charles Doland
    3. Constantine D. Buzunis
    3 lawyer answers

    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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  6. Can I fight my case photo traffic citation?

    Answered over 2 years ago.

    1. Gerald Blank
    2. John M. Kaman
    3. Andrew Stephen Roberts
    4. William Mathew Concidine
    4 lawyer answers

    No, a police officer cannot sign this off. Ask for a trial, in person, and fight the ticket. There are several self-help books which will give you good guidance on fighting the ticket. Based on what you've said, you should win if you came to a full stop. Just seeing your brake lights doesn't mean you came to a full stop before proceeding. Also, you had to make that right turn from the lane closest to the right curb. Again, a good self-help book is what it seems you should have for this fight.

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  7. Do I need a disclaimer of liability?

    Answered about 4 years ago.

    1. Gerald Blank
    2. Dana Howard Shultz
    2 lawyer answers

    You not only need a disclaimer of liability, very broadly worded, but you also need an acceptance of full responsibility by the end consumer and an agreement to indemnify you and your company should suit be brought. Also, I recommend very thorough insurance as, no matter what a disclaimer or an agreement to indemnify may say, this is a high risk activity and lawsuits can put a new company under pretty fast absent good insurance. I am familiar with aviation as I am a pilot and the top speed...

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  8. 1st time stealing inside Wal-mart and 18 years old

    Answered about 4 years ago.

    1. Gerald Blank
    2. Robert Laurens Driessen
    2 lawyer answers

    You need to get a really good lawyer, fast. There are all sorts of immigration and other consequences to deal with. If you cannot hire a private lawyer in advance, a public defender will be assigned to you when you go to court, but you must go to court when indicated. Don't worry about the public defender: many are just terrific lawyers. Meanwhile, do NOT admit, online, or elsewhere, that you stole something. This is a bad idea. Prosecutors can check online places to see what you've...

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  9. Driving at night and made a left turn during a red light, is there any way to bypass the ticket?

    Answered over 4 years ago.

    1. Gerald Blank
    2. Andrew Daniel Myers
    2 lawyer answers

    I am not sure what you mean by "bypass the ticket" but I will assume you mean "beat the ticket." Under the facts you gave, you'd have to prove there was a mechanical failure of the signal, and you had a right to make the left turn on the red. If it was just a typical delay before the signal turned green for your left turn, then you'll probably lose with that argument. To prove a mechanical failure, you'd have to get the records of the maintenance on the signal from the city or county...

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  10. Where can i find a pro bono attorney for my 16 yr old son who is wrongfully being charged with attempted mureder

    Answered almost 3 years ago.

    1. Gerald Blank
    2. Andrew Stephen Roberts
    3. Andrew Michael Limberg
    4. Barry Franklin Poulson
    4 lawyer answers

    If you're speaking of a private pro bono attorney, the straight answer is you probably can't find one. At least not one you want representing your son. While you haven't given much detail about the case, most attempted murder cases are very legally complex and time consuming. That means about 100 hours or more. Few, if any, will do it pro bono. I disagree with the other answers. Court appointed lawyers are not pro bono. They are paid for their work. Mary are very good, and some are...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful