Mary Frances Prevost's Answers

My boyfriend got arrested & is in jail for G/THFT:$/LABOR/PROP $950+ & BURGLARY:SECOND DEGREE he has a 15 yr.old strike from

If a client is in custody, and facing prison time, the retained attorney MUST communicate by going to visit him in jail. The attorney has a duty to obtain his side of the story. I would strongly urge you to send a FAX to the offending attorney, asking him to communicate with you as to why he has not visited your boyfriend. I hate to say it, but the less expensive attorneys many times fail to communicate with clients and fail to do appropriate work. it might look good at the time to get a...

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My boyfriend curerntly has a warrant because he has not paid his DUI fines, what should he expect when he shows up in court?

San Diego has several different courthouses where DUI's are handled. Many of them treat probation violations differently. If it is a first time failure to pau issue and his case is downtown, he most likely will simply have the warrant recalled and the probation fines reinstated with additional time to pay. However, if this is his second or third warrant or request for extention, the courts frown upon this and may impose stiffer penalties. Note, that if he puts himself on calendar, he may be...

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Question About Becoming A Criminal Defense Attorney & Criminal Defense Attorney Salary.

First, don't go to law school if you aren't going to practice law you love. Entertainment law sounds sexy and exciting, but all it is, is preparation of contracts. It's THAT boring. Second, your mother has no ability to direct your life. Unless she is going to put up thre, long years in sheer destitution while you study, take your exams for you, and take the bar for you, ignore her. First year state public defenders make between $55,000 to $70,000 with full benefits. Some PD's make up...

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How can an attorney help-the police nor the manager has done little to nothing to help me?

I am very concerned that you are being harassed by someone when you have a child in your arms. That indicates to me the person harassing you is unstable. I would consider taking video of the neighbor when you are out in public, and using this to assist you in obtaining a restraining order. If you, or someone you know, has a phone that has video resources, use it. Make sure it is on when you leave the house, and make sure the neighbor knows she is being videotaped. Sometimes being caught...

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If I get a federal indictment for conspiring to distribute marijuana in california what would happen?

While California is on the forefront leading to decriminalization of marijuana, the feds still prosecute this voraciously. I see cases on a daily basis from pounds to thousands of kilos being prosecuted. Smaller quantities in San Diego, like 15-20 pounds are prosecuted in state court. Larger quantities are prosecuted in U.S. District Court and are subject to the extremely strict United States Sentencing guidelines. The guidelines authorize different sentenced based on the actual weight of...

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I was charged for 3rd dui

If you are unhappy with your public defender, you should consider hiring private counsel. You do need to see if there is a 30/30 program that you can get into, which I believe is an option for you.

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Amending charges

There is no way that any attorney can actually give you advice on this because your facts are very vague here. What I can tell you is that if an amended complaint was filed, you were to have been notified of those charges, informed of your constitutional rights as to those charges and either you or your attorneys would have entered a plea of not guilty to those charges. There simply is no such thing as adding charges and having them approved. Every time you are charged, you must be presented...

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My son has 9 days more community service 6 months ago - stopped going. How and what should he do to turn himself in to police?

Was this case a felony or misdemeanor? What kind of case was it? Does you son have a history of failing to comply with court orders? Was he hospitalized, or had some other emergency that precluded him from complying with court orders? All of these questions must be answered prior to providing you an answer. In short, it depends upon the facts of the particular case. If there is a warrant for your son, he could be arrested as he walks into the courthouse. If he has a decent excuse, a...

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Is a 5150 a violation of probation?

No, it is not. But if criminal charges are filed, they may be the basis for a probation revocation hearing.

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Is a 5150 a violation of probation?

No, it is not. But if criminal charges are filed, they may be the basis for a probation revociation hearing.

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