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David Philip Shapiro
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David Shapiro’s Answers

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  • Passenger in a car got checked in a routine stop by sheriff and ended up arrested for a 7 year old warrant should he have been?

    A really good friend of mine was in a car that was pulled over for out of date registration, the stickers were missing however the driver had the registration to provide to the Sheriff. The sheriff asked the passenger, my friend, for his informati...

    David’s Answer

    The arrest, for both the warrant and giving false identifying information to law enforcement, appears to be valid.

    The best way you can help him is to assist him in retaining a quality, locally experienced, criminal defense attorney.

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  • Bench warrant/District Attorney

    I had food stamps, then I reported as fraud saying I was getting it when I shouldn't have. This was false but they took the money out of my taxes. A background report I received showed a felony and bench warrant out for my arrest because of failur...

    David’s Answer

    Stop admitting guilt on public forums and start getting yourself a qualified criminal defense attorney to assist, either by hiring one (if you can afford to do so) or contacting the office of the public defender.

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  • Found out that neighbor is a sex offender in another state and didn't register in CA!

    We recently found, using trusty google, that one of our neighbors was a convicted sex offender in a different state. According to the arrest record, apparently it was for sleeping with a sibling, arrested and convicted as a minor. What are the leg...

    David’s Answer

    He would only need to register in CA if the offense he was convicted of in the other state match up here in CA and would require registration in CA.

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  • If I am convicted of a VC 23152(b) and another misdemeanor offense two months later will I have a probation violation?

    My DUI and other misdemeanor offense occurred very close in time and I just want to get the cases over with and not drag it out any longer. Will I have a probation violation if I plead guilty to the DUI and one month later plead guilty to the othe...

    David’s Answer

    Not if the 2nd offense's violation date predated you being placed on probation for the first case. But, at this point in the cases, you should have a qualified attorney representing you. Shouldn't you be asking them? They should be the person who knows as much about your case as anyone.

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  • Is there a statute of limitations on an out-of-state bench warrant (failure to appear, MO).

    My girlfriend and I live in California. In 2008, while on vacation in Missouri, she got arrested for taking off her top in public. She returned to California prior to the court date and failed to appear. Has the warrant expired?

    David’s Answer

    If only it were that easy. Consider retaining a Missouri based criminal defense attorney to see what can be done to clear the warrant and favorably resolve her case.

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  • I have a warrant posted for me in California. I'm on felony probation for receive known stolen property...

    I know this is a probation violation. So basically what has happened I recently moved about 6 months ago out of the state of California to gain back a relationship and guardianship of my 5 year old daughter. I've started my life over. A full time...

    David’s Answer

    First step would be to retain the services of a quality, locally experienced, defense attorney to assist in trying to find a way out of this which does not require you personally having to return to CA for an extended period of time.

    Good Luck!

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  • Is it possible to get a wet reckless after being convicted of a prior DUI?

    What if it is a third offense? Can I get a wet reckless if I previously had two DUI (VC 23152(b)) convictions over the last two years.

    David’s Answer

    Stop driving after drinking, stop speculating, and start hiring yourself the best locally experienced criminal defense attorney you can afford.

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  • I was convicted of a wet reckless four years ago (now off probation) and now I'm charged with VC 23152(a) and VC 23152(b).

    I lost my DMV hearing for these new charges and was sent a letter that my license was suspended for three years. Is that typical for a second offense? Can I get a restricted license?

    David’s Answer

    Should only be for one year and you may be able to get a restricted license after 90 days of the hard suspension if certain conditions come to fruition.

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  • I believe that there may be a warrant for my arrest. How can I check this without knowing what agency issued it?

    I currently have a Final Restraining Order trial scheduled for August in NJ. I'm worried that I will be arrested at the airport. Is there anyway to run my license to see if I have any outstanding warrants?

    David’s Answer

    Try www.sdsheriff.net if the warrant is out of San Diego County.

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  • Consequences of probation violation for felony DUI

    Individual on formal probation for 4th DUI was cited for PC 647(f), drunk in public and has a hearing for the new charge. This is the first probation violation (for this most recent DUI conviction), is this person looking at jail time? What are ...

    David’s Answer

    Facing up to the maximum they could have received for the felony (4th) DUI, which is at least three years in custody.

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