Daniel Frederick Greeneā€™s Answers

Daniel Frederick Greene

San Diego Criminal Defense Attorney.

Contributor Level 8
  1. Is there anything that can be done to get an inmate released early due to the new inmate release law..

    Answered almost 3 years ago.

    1. Daniel Frederick Greene
    2. Mehrdad Ghassemkhani
    3. David Philip Shapiro
    3 lawyer answers

    The sentencing laws per AB109 and PC1170(h) do not affect those people with prior strikes or present strike charges. They will continue to be sentenced under the same conditions as the previous sentencing scheme. AB109 affects those defendants/inmates where they have no prior strikes and the present offense is not classified as "serious or violent." Also if the defendant/inmate is a registrant per PC290, there will be no positive change as a result of the new sentencing scheme.

    3 lawyers agreed with this answer

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

    Answered almost 3 years ago.

    1. Daniel Frederick Greene
    2. Joseph Briscoe Dane
    3. Marcie Lynn Gardner
    3 lawyer answers

    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...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Got caught shoplifting...whats going to happen

    Answered almost 3 years ago.

    1. Daniel Frederick Greene
    2. Mark A. Broughton
    3. Harry Edward Hudson Jr
    3 lawyer answers

    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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  4. I got my thred DUI

    Answered almost 3 years ago.

    1. Marcie Lynn Gardner
    2. Daniel Frederick Greene
    3. Robert Laurens Driessen
    4. Philip Daniel Hache
    4 lawyer answers

    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...

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  5. What happens at a dv readiness hearing?

    Answered almost 3 years ago.

    1. Daniel Frederick Greene
    2. Mehrdad Ghassemkhani
    2 lawyer answers

    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...

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

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. Daniel Frederick Greene
    3. Adam Laurence Pearlman
    3 lawyer answers

    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...

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  7. Can my parole officer extend my parole based that it was a violent crime?

    Answered almost 3 years ago.

    1. Daniel Frederick Greene
    2. Mehrdad Ghassemkhani
    3. Chris J Feasel
    3 lawyer answers

    There must be some explanation for an extension...which makes me think there is some part of the story you are leaving out. If you are doing all that is required and in good communication with your p.o., and you have not been contacted, arrested, charged with or convicted of any new offense, there is absolutely no reason for your parole to extend.

    2 lawyers agreed with this answer

  8. No charges filed, How do i get a restricted license?

    Answered almost 3 years ago.

    1. Daniel Frederick Greene
    1 lawyer answer

    The question is, did you lose your license through the DMV when you got your "wet reckless" conviction five years ago? If yes, then the DMV, regardless of the old case and the present case, will consider this a 2nd time dui for you. That determination results in a 1 year license suspension regardless of whether or not you are ever charged in the present offense. (Btw, the statute of limitations for charging you is 1-year.) So... your license is likely suspended...which means, you must...

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  9. Do I file an appeal after sentencing or before? I get senteced on 12/20 but was found guilty on 11/01 for felony theft in CO,

    Answered almost 3 years ago.

    1. Jonathan S Willett
    2. Daniel Frederick Greene
    3. Mary E. McCluskey
    4. Lori A Beck
    5. Joseph Scheideler
    5 lawyer answers

    The quick answer is that you cannot file notice of your appeal until after final judgment. That means, you must first be sentenced whether it is following a plea of guilt or conviction by jury (as in your case). A writ (sort of like an appeal) is something that can be filed while the case is still pending, but following a conviction by jury, it is not likely you have any writ-able issues at present. (I say this with the disclaimer that I know NOTHING about your particular case and you should...

    3 lawyers agreed with this answer

  10. Sexual battery (misdemeanour) jail time serve???

    Answered almost 3 years ago.

    1. Daniel Frederick Greene
    2. Harry Edward Hudson Jr
    2 lawyer answers

    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.

    1 lawyer agreed with this answer