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Kevin K. Denton

Kevin Denton’s Answers

3 total

  • What is the best way to respond to a district attorney who is provoking me

    How to react to the DA and handle. Is it purposeful of them to provoke and antagonize?

    Kevin’s Answer

    You have an absolute right to refuse to answer any question posed by the DA. The problem with trying to exercise that right on your own is that the DA is permitted to come back to you repeatedly to try to get you to waive that right. You absolutely should hire an attorney who will call the DA and inform him that you are represented by counsel and that you are exercising all of your state and federal constitutional rights, including your right not to incriminate yourself and to have a lawyer present when being questioned. That should stop the questions, stop the DA showing up at your door, stop the provocation.

    There is another benefit to retaining a lawyer before you are formally charged. As a courtesy, if the DA decides he has probable cause to arrest you and obtains a warrant, he will typically arrange to have your lawyer bring you in rather than subjecting you to an embarrasing and stressful arrest at your home or place of work.

    Finally, hiring a lawyer now will allow your lawyer the opportunity to start working on your defense while the memory of the event is still fresh in the minds of your witnesses.

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  • I need someone input on my declaration and if i should fight my ticket or just go to traffic school . thanks in advance

    violating .cvc21453, 21703 and 27150. The facts of my case follow: On April 10, 2009, I was driving my vehicle on capital going south bound. I then saw the light was green so I decide to my right on to McKee .As I made the turn I notic...

    Kevin’s Answer

    I disagree. You should always try trial by written declaration first because it gives you an extra bite at the "win by default" apple. There is some chance that the police will not complete their paperwork in time and the case will be dismissed. And, even if this does not happen, you can request an automatic trial de novo, which is a whole new trial in person. Again, there is a chance that the ticketing officer won't show to your new trial and your case will be dismissed. Now if the officer shows, you can argue your case. If you lose, you may request traffic school if you still qualify. You might want to visit your local traffic court and see if the judges typically grant traffic school to people who lose their trials - they don't have to. In San Diego, they typically do.

    There is a website that offers this advice along with advice on how to fill out the trial by declaration form for typical traffic tickets: I don't endorse everything on this site, but it does offer some useful guidance. Good luck.

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  • If you have a criminal case in arkansas and you live in california can you have your case transfered?

    If you have a criminal case in arkansas and you live in california can you have your case transfered?

    Kevin’s Answer

    No. Assuming your case is a state and not a federal case, your case must be dealt with in the jurisdiction for which it was charged. If you fail to appear in Arkansas, a warrant will likely issue for your arrest. If the prosecution in Arkansas becomes aware of your whereabouts in California, they will work with the authorities in your area to have you extradited back to California. California will cooperate with the authorities in Arkansas pursuant to the full-faith and credit clause of the Constitution.

    If your case is a federal criminal case you may make a motion to move the case to a Federal District Court in California under Federal Rules of Criminal Procedure 21(b). You will have to show not only that it would be more convenient for you, but that it would be more convenient for the witnesses in the case.

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