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David Philip Shapiro
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David Shapiro’s Answers

4,553 total


  • Is it a conflict of interest for an attorney to represent a confidential informant as well as the person arrested on the info?

    If an attorney represents a criminal who offers information to lighten their sentence or gain favor with the Prosecutor/D.A. , is it a conflict of interest for that same attorney to represent a person who was subsequently arrested based upon the i...

    David’s Answer

    100% it is a conflict of interest worthy of state bar sanctioning.

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  • What does prob and hear sent mean? And can someone be punished for falsely accusing a person by lying?

    My fiance has two felony charges which both have PHS beside them. He has cout in september and i would like to know if PHS is good or bad? One felony is for threats cause death and force rape on spouse. I know for a fact the ex spouse is fasley a...

    David’s Answer

    PHS is the code for the sentencing hearing.

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  • I am trying to discharge my felony probation early but is anything stated in PC 1203.3 about the probationer getting a violation

    I was put on felony probation in San Diego County on September 3 2013 for a possession for sales charge and was sentenced to go to a RTP which I completed after I got out of the program I tested dirty twice for drugs and was violated both times bu...

    David’s Answer

    A compelling reason for the PC1203.3 relief you are requesting wouldn't hurt too.

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  • How can A family member get out of A felony charge

    My cousin was just recently arrested due a friend who got upset with her my cousin tried to talk to her and stop her from leaving un de the influence of alcohol with her child in the car...her friend drove of while my cousin was half body in the c...

    David’s Answer

    Way too much going on to seriously expect an answer over the internet. Your family member should consult with, and ultimately retain, a quality criminal defense attorney.

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  • I got a Dui 3 years ago in CA but never went to the classes or paid the fine, how do I take care of this now?

    I don't have any record other than my 1 DUI. I obtained my DUI in California 3 years ago but now live in New York. I want to take care of this but don't know where to begin. I had a monthly payment system set up but only paid the first few months...

    David’s Answer

    You might be better off retaining a quality San Diego based criminal defense attorney to attempt to recall the warrant and get you reinstated to probation and re-referred to the court ordered programs (or their NY equivalents) with the money it would cost to fly back from NY.

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  • Can a person be convicted of comitting a burglary if someone shows a picture of "them" not being able to recognize faces?

    picture of person walking around the victims car never being able to see any faces or the actual crime

    David’s Answer

    Unfortunately, yes....people get convicted of crimes on weak evidence on a daily basis in our court system. That's why it is a sound investment to retain a quality, experienced, criminal defense attorney if you can afford to do so.

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  • My son's father caught this charge 3056 felony how much time might he be looking at?

    How much time will he be sentenced to?

    David’s Answer

    Depends on the extent of the parole violation or if the violation encompasses a whole new case.

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  • When your probation is up and you've been on a 4th waiver does it automatically go away in the system?

    My son's probation is up at the end of the month. I was wondering if he needs to go back to court to have the 4th waiver removed.

    David’s Answer

    The 4th amendment waiver, on each individual case, expires with probation. Nothing affirmative needs to be done on your son's part.

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  • My fiance was fasley accused and incarcerated in Tulare CA. He lives in San Diego. Does he have to find an attorney in Tulare ?

    My fiance and his brother were falsely accused and arrested by the Tulare Walmart and Police Dept. On August 19th. These men are black. The court dismissed the case. The TPD have refused to return personal property and the motel they were staying ...

    David’s Answer

    He doesn't "have to," but it makes the most sense to retain locally experienced counsel.

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  • Is it legal to record a conversation in California without the knowledge of the person being recorded?

    This conversation would have already taken place (under duress) between a California phone number (619) area code and a (760) area code land line. Can the 619 cell record the 760 land line without informing the participant that the call is being ...

    David’s Answer

    Generally speaking, it is illegal to record a conversation without both parties' knowledge and consent.

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