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Jerrold Bodow
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Jerrold Bodow’s Answers

5 total

  • I had a wet reckless 14 years ago, can that be used against me now in a DUI charge by the DMV and the courts?

    I was just charged with a DUI. I had a wet reckless 14 years ago. Can this be used against me now by the DMV and courts?

    Jerrold’s Answer

    You cannot be charged with a "DUI with a prior conviction" since the new one is more than 10 years old. Some prosecutors take it into account when making new offers on the present case, but, as a prior prosecutor in San Diego, I can tell you that very few will attempt that after 14 years, unless there was death or serious injury. If your new case is a misdemeanor with a low blood alcohol level, your present attorney needs to still negotiate it as if its a first time DUI, and argue strongly along those lines. Find an experienced attorney.

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  • Court martial vs capt mast

    I posted a simple key and peele video from mad tv "gay gangsters" tagged a few friends and and put headline "" vs"" there are names there. but one of the people isnt my friend. nor my enemy. we just dont really know each other. they apparently...

    Jerrold’s Answer

    Chances of prevailing at Captains mast.... I heard it happened once. Don't go into it with any expectation you will win. Afterwards, expect the possibility you will be processed for Adminsep discharge They will try to bring up the "guilty at mast" finding in that proceeding. Speak to military defense counsel. See whether you can get adminsep protection. Even then, it will be on your record and may affect your career. We often reject mast, then negotiate, and sometimes go back to mast with protection. Courts martial gives you members that need to find you guilty beyond a reasonable doubt. Your lawyer will give you thoughts on the state of the evidence, and whether it reaches that level.

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  • Is it against the UCMJ to meet someone from craigslist for sex?

    I am an active duty Marine and so is the woman who posted the add for a "no strings attached friend with benefits".

    Jerrold’s Answer

    The chances of the civilian police, or the military police being involved in this are high. You stand a better chance if the hook=up is not a military member. Under no circumstances should you mention money or buying anything for this person, or gifts. Police often arrange for the meeting in a hotel/ motel room they rent for the evening, along with the room next door where they wait for the verbal signal to come in. They don't like to have their undercover get into your car and drive off, they don't like changes in plans, since they are planted in or near the place. They often record conversations, and like to hear such things as How much for a ........ or for her to quote a price and the john agree to it. In some states the john has to make the money offer. in others, acceptance of the offer (O.K.) is enough. Other attorneys have suggested you go elsewhere for your pleasure. I agree. Finsd a civilian who isn't a cop.

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  • How do i find out if i tested positive for drugs the night i was arrested, and they took my blood. I am not in court, i jumped b

    bail so i have no idea how i know whether they know i was under the influence or not,

    Jerrold’s Answer

    You have a number of issues other than your blood alcohol level. First, your bail bondsman will be looking for you to take you into custody. Second, law enforcement will be looking for you to arrest you. An attorney can call the prosecutor, either the City Attorney if the arrest occurred in the boundaries of the City of San Diego, or the District Attorney if outside the city but in the county. Their clerks are usually cooperative, and will give the blood alcohol level. However, a good attorney can often help you determine an approximate blood alcohol level based upon your drinking pattern, height, age, and other factors. You need an attorney, who can go into court, make an appearance, and have the warrant recalled without you being there if its a misdemeanor. If a felony(accident, someone injured), you need to be there to. You need to act quickly. The more time you spend waiting, the less cooperative the judge and the prosecutor.

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