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Daniel Frederick Greene

Daniel Greene’s Answers

18 total


  • Sexual battery (misdemeanour) jail time serve???

    If someone get 150 days jail time with sex reg how many days will serve in la county ?

    Daniel’s Answer

    Under the new statutory sentencing scheme, those who register per PC290 still serve 2/3rds (assuming offense and sentencing both occurred after 10.1.11) the total jail sentence. By my math, that seems to be about 100 actual days. But I agree, that 2/3rds only accounts for the "good-time" credits. Then, you may receive additional credits ("kicks") from the Sheriff's based on the jails housing needs, etc.

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  • Got caught shoplifting...whats going to happen

    I got caught shoplifting at jcpenny, im 22 i have never even gotten a traffic ticket. NEVER AGAIN! .. i got a citation that i have to take to court, the items were 100$ but they were returned to the store by the security, have a super clean record...

    Daniel’s Answer

    I agree with the previous response. You are not at all likely to go to jail on the facts you present above. You might even be able to have your lawyer negotiate an infraction for trespassing or something equality de minimus. If this your first offense, you should be able to avoid a misdemeanor conviction. I advise my client to do an anti-theft class in advance of court and see where that will get you with the prosecutor. You should be fine...but above all else, don't do it again!

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  • I got my thred DUI

    What can I do not to go to jail to long so I won't loss my job

    Daniel’s Answer

    I hate to tell you this, but 3rd time DUI's are very complicated. The law has a mandatory minimum length of imprisonment of 180 days for this type of offense. There are so many issues to look at, you should definitely consult with a lawyer. There are options (depending on all the circumstances) for staying out of actual physical confinement in the county jail (e.g. Work Furlough, Residential Rehabilitation, house arrest, GPS monitoring - with the latter two certainly less likely). But before you worry about sentencing, you first need to see if you are in fact guilty of the underlying offense, including whether or not your prior DUI's occurred within the past ten years. Check for any constitutional rights violations as well. The best thing you can do is to get help. You obviously have a problem and the sooner you address it, the better off you (and other motorists) will be.

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  • What happens during a Jury trial for DV?

    I am the victim and i have NOT gotten a subpoena and if i do when will i normally get one? Is it likely that i have to go if i dont get one?

    Daniel’s Answer

    However, you can be brought to court, held in contempt and fined. You just can't be thrown in jail. There are many options for an alleged victim of domestic violence. As such, you are entitled to retain counsel to properly advise you of your options. No need to go through this on your own!

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  • How can some one have a restraining order against some one and that person was not inform that they had one on them now in jail

    a wife got mad at her husband cuz they was goin back and forth and put a restraining order on him with out him knowing now he in jail looking at alot of charges and she still telling him over the phone she dont have one on him but he have the poli...

    Daniel’s Answer

    Agreed. You cannot be in violation of a court order of which you were not afforded advanced notice. A person seeking an order can, however, have contact with the person who has been prohibited from contact. It seems unfair, but it's true. In your case, the wife can go and contact him, but he (assuming he has been placed on notice of the order) is required by law to walk away and leave her presence, regardless of whom initiates contact. The only way to prevent her from contacting him is for him to file a mutual order prohibiting her from such harassing conduct.

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  • What happens at a dv readiness hearing?

    My ex was charged for dv. The cops added on to the police report which I did not mention or do. His attorney wants to speak with me to drop the charges. Can they turn that against me if I do because I just want the whole thing to be over with.

    Daniel’s Answer

    It's true that only the DA can drop the charges. You, however, have rights conferred to you under the California constitution. See Marsy's Law. In particular, Marsy's Law says that you have rights as a victim to be treated with dignity and with (at least some) consideration for what you want to happen in the case. If you did not lie to the police and did not file a false report, then there is nothing to "turn against" you. But you have a right to be vigilant in telling the prosecution that you do not want to participate in the case and, perhaps if appropriate in your instances, offer some insight as to why things were taken out of context, etc. Above all, you are to either tell the true or it's probably best to say nothing. You certainly don't want to put yourself in peril by lying or providing false statement.

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  • Is felony domestic violence considered a voilent crime and do you do all 3 years on parole or can you get off early?

    no priors..ive done 52 batterys progam..gang enhancemen but ive had no violations in 9 mnths is it possible toget off parole early or do i have to do the full 3 years

    Daniel’s Answer

    I am assuming by your question that you were placed on 3 years of probation (not parole) at your sentencing hearing. To answer your question, the gang enhancement probably made your DV crime a serious felony and is therefore a "strike" offense. The first thing you look at is the conviction charge, itself. If you were convicted, say, of a violation of PC273.5, that charge, alone, is not serious or violent. If, however, you inflicted great bodily injury to your victim, then it is violent and would have added the potential for +3 years prison to your original exposure. (That would make it a strike as well for the gbi) (My guess is that was not the case since you did not mention it.) But if you suffered a conviction for 273.5 with a 186.22(b)(1) (gang enhancement), then your conviction is serious and is a strike. Lastly, to address the initial question, you can petition the court at any time to terminate probation early per PC1203.3. There are certain things you need to show to be successful and I do not recommend attempting this without legal assistance. Good luck!

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  • How do you cancel a protective order?

    There's a protective order on a loved one that's not necesary. I and my family want it canceled.

    Daniel’s Answer

    It depends if this "protective order" was ordered by the court as a result of a Domestic Violence prosecution or if the order was requested by you or a family member as part of a civil restraining order matter. If the former, chances are (at least in California) that it will be more difficult and will require the matter be placed on calendar and addressing the matter with the prosecution, the court and the defendant. No odds here on whether you will be successful. If the latter, then you must go to the civil court where you or petitioner requested the order and file documents (and perhaps have a hearing) about whether the protective order or civil restraining order is still needed.

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  • Is it possible to be given too strikes for one Crime?

    My boyfriends being charged with second degree robbery, there trying to give him a deal of only 1 strike on his record, but he wants to fight it. This public Deffender is telling us that they are threatening to give him 2 strikes if he doesnt take...

    Daniel’s Answer

    Easy answer: Yes. Sadly, it happens all the time. You need to know all the facts of the case and the specific charges on his criminal complaint. If there is only one charge on the complaint (robbery - or any other strike offense for that matter), then no, he cannot acquire two or more strikes. However, beware, the prosecution may not have charged all crimes they could have charged at this point...meaning, they might have some leverage by threatening to add another or more strike offenses to the present complaint for the purposes of forcing a plea. In that instance, again, it could result in more than one strike. Good luck to your boyfriend!

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  • What does MPC273(A) and MHS11550(A) mean and what kind of jail time are we looking at?

    Need advice please

    Daniel’s Answer

    I don't necessarily agree with the previous answers (no disrespect intended). As written, a 273(a) has to do with bribery for adoption purposes (a misdemeanor). 273a(a) is felony child abuse/endangerment, where as 273a(b) is misdemeanor child abuse/endangerment. 11550(a) is a misdemeanor and has a maximum jail sentence of one year and a minimum jail sentence of 90 days. That said, each case is fact specific and, as per the previous answers, your result and options will vary depending on those facts and circumstances. You may be eligible for a diversion program, Prop 36 or Drug Court. Or you might just have a good defense!

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