Samuel Eugene Spital's Answers

Clerical error on temporary license. Will this help my case at all?

While it may make no difference if the officer made a mistake in his reporting of the facts, even insofar as a temporary license, it is something you should consider important enough to retain private counsel for your DUI court case. Because the prosecution must establish its cased beyond any reasonable doubt, it certainly can be argueed that the officer's credibility can be questioned when he has made a mistake in some respect in connection with the criminal case. I believe thiws would be a...

5 lawyers agreed with this answer

1 person marked this answer as helpful

Need recommendation in the area of Education Law.

Yes, you would be well-advised to go online or look at www.avvo.com for an educatin law attorney in Northern California. While I have handled education law cases in Northern California, this would be one I would recommend you select a local attorney. Being accused of cheating on an exam is a serious offense and you do not want to ignore the situation if you are indeed innocent of any wrongdoing. Claims that go against one's honesty and could involve fraud should be challeneged when they are...

4 lawyers agreed with this answer

I was hoping to see what legal avenues if any I can pursue to recoup the monies I forfeited.

The previous answer is on point. You have described a situation that requires a much more in depth analysis. An attorney cannot give adviced on limited information. Here you have not elaborated on what exactly was the "emotional distress, " whether your brother knew of your disability and took advantage of it, and exactly what do you mean by forfeiting your profit. The best thing to do is to make an appointment with a lawyer in North County and detail all of the facts and circumstances so...

4 lawyers agreed with this answer

Court Date with Public defender

As noted in other answers to your question, it would be a huge mistake to rush to enter a plea in your criminal case. You need to consider the alternatives and obtain proper legal advice. This includes a consideration of the penalty, fines, etc. In some ways more importantly, you should determine how this can impact your current and future employment, and whether you have or later wish to obtain a state professional license,(and not just with the ABC, but other licenses such as a real...

3 lawyers agreed with this answer

Todays I caught under PC 459 burglary for multiple thefts from multiple stores

I agree with the previous answer, but would emphasize the following: 1) If your family or you hire a lawyer at the outset, a bail hearing can be set and the bail reduced or you might not have bail at all. This certainly offsets the cost of a lawyer. 2) Sometimes the DA will file Burglary on a case in which there is only sufficient evidence to prove a theft. They base this on two issues: First, can they establish your intent when you entered the store, or can it be established by the...

2 lawyers agreed with this answer

Sexual abuse in preschool, how to report this?

The answers provided by the other lawyers prior to my answer are right on point. It is not clear if you have talked with the teacher and/or school officials, as this may provide additional information and perhaps you will be able to discern whether you are being told the truth by the teacher. In any case, you should not engage in a discussion or conversation with your child because she might misinterpret the things you are saying and use them to "create" a story. Psychologists will tell...

2 lawyers agreed with this answer

I have sentencing for my charges coming up, would it help to have an attorney present?

I understand you have a sentencing hearing in the near future and you are concerned that the trial did not go as you expected, particularly because your court apponted lawyer's opening statement referred to "self defense" allegedly to negate the charges, and which defense you state was not previously discussed. While an opening statement is not evidence, I do not know what other events and actions also took place at your trial to determine whether there is prejudicial error &/or sufficient...

2 lawyers agreed with this answer

What happens at an administrative law hearing?

If you have received a Notice of Hearing that sets the matter in front of the Office of Administrative Hearings next month, you should obtain the assistance of legal counsel that focuses their practice on state Board license defense cases. Your case sounds like there was a previous disciplinary action (Decision) issued by one of the state Boards or Departments. Pursuant to that Decision, there was a period of probation with various terms and conditions. Slthough you indicate you did not "...

1 lawyer agreed with this answer

1 person marked this answer as helpful

When can I get my license back? 2nd DUI.

It is not uncommon for the DMV to issue a restricted license to allow an offender an opportunity to drive to work, school and for necessities such as medical care. You should contact the lawyer who handled your DUI case for further information. Also, at the very least you can go into DMV with proof of insurance and inquire if you pay the required fee whether you are eligible for a restricted license. One thing for sure, do not ever get into a car after having any alcohol, even a gklas...

1 lawyer agreed with this answer

Can police go to my kid school and take his D.N.A without parental concent

The police have to honor and respect a child as well as an adult. They cannot take the blood from an individual nor take DNA without legal authority. Your question does not however describe in sufficient detail the means by which the DNA was iobtained. Since it is possible for someone to leave DNA on a glsass container and/or a hair folicule might have brushed off of a shirt or jacket and in that environment the object was obtained and thereafter tested, there may not be an issue of consent...

1 lawyer agreed with this answer