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Patricia Marie Alleborn

Patricia Alleborn’s Answers

20 total


  • What documents should I provide my prospect attorney to bring them up to speed in such short notice of a continued trial?

    I had a custody trial this morning. I've provided evidence, witnesses and regretfully rest my case. Due to limited time left, the judge set a date to continue the trial three weeks from now, leaving the respondent with all the information I provid...

    Patricia’s Answer

    Without knowing the facts of your case, it is impossible to tell you what to give your attorney. In general, you will want to prepare all of the information you thought would be helpful in your case in an organized fashion. You should also bring copies of all of the pleadings; discovery (if applicable); law and motion (if applicable); any documents you exchanged with opposing counsel; and all correspondence with opposing counsel, including emails, faxes, and letters. You may want to make a copy of the court file so you can be sure to have everything. Of course, not all of these needs to be with you when you interview attorneys. This information will be helpful when you hire your own attorney.

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  • Criminal complaint summon

    I received a criminal complaint summon in the mail file against me. And I also have to appeal in court. What does this mean? declaration of service by mail 1013a 2015.5.

    Patricia’s Answer

    Appeal in court or appear? I would consult with a criminal defense attorney, even if you cannot afford one. Many criminal attorneys offer free consultations. If the Complaint directs you to appear in court for an arraignment and you fail to appear, the judge will likely issue a bench warrant out for your arrest. In the mean time, if charges have been filed against you, do not discuss your case with anyone but your attorney.

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  • Petty Theft Misdemeanor, 18 years old, first offense. What do I do?

    I recently shoplifted a little under 200 dollars of cosmetics, I was caught and arrested and given a court date in about a month and a week. I didn't tell anyone so I am in this alone. I don't go to school, I don't have a job and my reasons for do...

    Patricia’s Answer

    when you show up to your first court date, you will be assisted by a Public Defender ("PD"). Assuming that you are eligible for diversion, your PD will be able to explain the diversion program to you. Most likely, you will have to plead guilty to the charges, but you will not be "sentenced." Instead, sentencing will be set out six months. During that time, the diversion program usually requires that you take an anti-theft course, complete community service, pay the civil fine, and stay away from the place you stole from. If you can show the prosecutor that you have done all these things before the sentencing hearing, then you will not be be "sentenced" and your case will be dismissed during that hearing.

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  • If I attempt to get a TRO and opt to not file a police report in regards to domestic violence-is this okay?

    There was a domestic violence incident, and I am contemplating filing for a TRO but not filing a police report. My main goals is protection of me and my son. Ultimately, I do want to be awarded sole custody for several reasons including domestic...

    Patricia’s Answer

    A judge does not need to see a police report in order to grant you the TRO. A judge just needs to a declaration from you with facts that justify granting a TRO. So you will not be hurting your chances at a TRO without filing a police report. That being said, if your husband violates the TRO then he may go to jail. Please keep in mind that when requesting for your TRO, the judge may also be able to issue you a custody order.

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  • I have a question please regarding a domestic violence TRO

    I am a mother seeking a domestic violence TRO against my ex boy-friend. I am seeking protection for myself and my minor daughter. Can my minor daughter who is 17 testify in court or be allowed inside the family court?

    Patricia’s Answer

    yes. First you need to file your TRO asap. If the judge grants it, a hearing will be set a few weeks from that date. At that hearing, you can bring your daughter and/or any other witness you would like to have testify. Also, since your daughter is not 18 yet, you may be able to file the TRO to protect her as well. There are domestic violence clinics through legal aid that provide free help in filling out TRO forms and the requisite declaration. I wish you the best of luck in this matter.

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  • When, and how can I plea the 5th !??

    I might be going to trial as a defendant and I don't wanna answer any question .

    Patricia’s Answer

    First of all, get an attorney and discuss this with them. If you are the defendant cannot afford an attorney a public defender will be appointed for you. As a defendant, you choose whether or not you want to testify. If you are not a defendant, but you are actually a witness, you can still plead the 5th. However, pleading the fifth doesn't protect witnesses from testifying completely. A witness can refuse to testify only when the testimony has the possibility of incriminating themselves. Therefore, if you don't want to testify abut certain facts, but those facts wont cause you to be criminally prosecuted, then you will not be protected under the fifth amendment and you will have to testify. Lastly, Prosecutors can also promise witnesses immunity in exchange for testimony. The most important thing for you to do, whether you are the defendant or a witness, is discuss testifying with an attorney.

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  • If you have 2 misdemeanors, can you still work as a paralegal?

    Is there anything preventing someone with misdemeanors from working as a paralegal? Would being on probation prevent them from working in this field? If a notary license is required, does the criminal background pose a problem?

    Patricia’s Answer

    I agree with the aforementioned answers above. If you are concerned about your record, you should consult with an attorney. Depending on the circumstances of your case, you may be eligible to file for early termination of probation. If the judge grants you early termination, you can then move for an expungement. Then you can apply to jobs without needing to disclose your status as a probationer. Good luck!

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  • Should I bring a lawyer with me to answer some questions in a possible ongoing investigation, should I be concerned?

    A year ago a family member was convicted of receiving stolen property amongst some other charges from the United States Navy. Recently I have received information that the lead detective in his case wishes to ask me some more questions so he can c...

    Patricia’s Answer

    Even in your case -- when you have not been arrested and they have not told you that you are a "suspect" -- you should politely decline their questions, as it is your constitutional right to do so. If you feel that you must talk to them, bring an attorney. If you cannot get an attorney before the interview, postpone the interview until you can get an attorney.

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  • Wish to change the hours on my court commit or weekend custody. unemployed since 2008

    I have done 3 weekends already and now have a chance to reenter the workforce, but when I told the employer about the hours of my custody, he said construction hours are 7 to 330 mon till Friday and since Mondays I am not released till 8 that's a ...

    Patricia’s Answer

    Get an attorney or a public defender to request a modification. This can be done with or without your present, pursuant to Penal Code 977 so long as its an infraction or a misdemeanor. I would start this process as soon as possible because court calendars are over burdened and it may take some time to get your request on on calendar.

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  • Boyfriend arrested for coparal injury to spouse I was ordered to go back to court from judge and I don't want to testify

    This is his 2nd arrest for domestic violence in less 6 months only d.a. Didn't pick up the first time he was released 3 days later....we have had more than dozen easy calls to police for fighting by neighbors...strangers ect but all just warnings ...

    Patricia’s Answer

    I agree with the other defense attorneys comments. Prosecutors are prepared to go to trial with or without your testimony. If you do testify, prosecutors will ask you questions about your statements to the police. You may want to consult with an attorney who can explain your rights, as well as explain the process, and advise you about testifying. Also, it is best if you do not talk to your boyfriend about this case over the jail telephone. The conversations are recorded and you should assume that anything said about the case between the two of you can and will be used at trial.

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