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David Philip Shapiro
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David Shapiro’s Answers

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  • What kind of Attorney would I need to get my record expunged in San Diego County?

    I have 2 convictions in 2 separate courts one is a Felony 94 and the other is misdemeanor 93. I would like to get them expunged at the same time. What is the best way to go about this? Thanks

    David’s Answer

    The best way to go about this would be to hire a quality, locally experienced, criminal defense attorney to assist.

    Due to the age of your cases you may have to use your LiveScan DOJ printout as the equivalent of the court file.

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  • Can u be convicted without proof

    My boyfriend is being charged with posession of firearm. When he was arrested he did not have anything in posession

    David’s Answer

    Not only has your boyfriend been arrested, he has been charged with possession of a firearm. This leads me to believe at least a few people believe their is some evidence, whether circumstantial or direct, of his possession of the firearm under an illegal circumstance.

    The best thing your boyfriend can do is to hire a quality, locally experienced, criminal defense attorney to assist.

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  • Is dating a minor illegal in california?

    I'm 14 and my boyfriend is 17. He's going to be 18 in september and I'll be 15 in december. Is it illegal for us to be together? We don't plan on having sex or anything until I'm 18. All we really do is hold hands, kiss, hug, and cuddle. Would we ...

    David’s Answer

    Sexual physical contact of any variety would be illegal so long as you are under 18 and he is over 18. Merely "dating" would not legally be an issue/

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  • Does California have any for time offender programs?

    I was recently charged with 5 felonies 3 counts of forgery and 2 burglary. I have never been in trouble with the law before and I have a public defender who has not asked anything about the circumstances surrounding the case nor does it seem that ...

    David’s Answer

    Yes, it's called probation. Whether or not you will be eligible for, and receive, probation, assuming you are even convicted is a whole other issue.

    The best thing you can do is hire a quality criminal defense attorney if you can afford to do so. If you cannot afford to do so, it would be a good idea to send your current attorney an email requesting a 20 minute phone conference to go over any and all of your realistic options and outcomes moving forward.

    Good Luck!

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  • Is my friend going to go to jail? how is he supposed to handle this situation ?

    my friend is 23 and his gf is 16 her dad found out they have been sexting and sending pictures to each other and called the cops to file a report and my friend is also in the nay so the father called the navy and now the dad wants to meet with him...

    David’s Answer

    He is likely already under investigation for statutory rape and possession of child pornography. Your friend needs to smarten up and retain a quality, experienced, criminal defense attorney before talking/texting/emailing/meeting anyone about these serious allegations.

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  • Filing for cert of rehabilitation

    I am filing for a certificate of rehabilitation and there is a section the says "if you were released on felony probation and successfully completed probation, you must obtain relief under penal code 1203.4 before applying for certificate of r...

    David’s Answer

    Based on your post, you appear to be eligible for PC1203.4 "expungement" relief. Consult with a quality, locally experienced, criminal defense attorney to assist.

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  • Do lawyers try to retrieve search warrant affidavits after they are executed?

    If a warrant is executed and the police leave behind only a few pages of the warrant with you, how useful is it to get the whole warrant before they file charges? I been meeting with lawyers and they told me that the search warrant affidavit is mi...

    David’s Answer

    We can certainly try, but many times the affidavits in support of the request for the search warrant are sealed at least until the case is formally filed in court, if not longer.

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  • I was on vacation and i got a DUI. I wanna solve this problem as soon as i can. Im not a US citizen. Whats my next step ?

    Hello, I recently was on a vacation trip to san diego when i got a DUI. It was my first ever and i dont have any history of ever breaking any law. I have a misdemeanor arrainment on july 14th. I have not a US citizen. I need help to solve this ...

    David’s Answer

    You, or the quality locally experienced criminal defense attorney you hire, need to setup your DMV administrative hearing within 10 calendar days of your arrest in order to at least have a shot of preserving your driving privileges in the state.

    If you hire an attorney you likely will not have to come back for court. The attorney can appear for you on 07/14 and beyond.

    Good luck!

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  • Can I do anything to have this conviction overturned

    In Louisiana in 2004, I was attacked by an officer and charged with a bunch of bogus crimes. I had alot of confidence that they would be dismissed because they had no merit. Assaulting an officer, a felony, after I was attacked by an officer, ripp...

    David’s Answer

    Unfortunately your Louisiana problem is best to be addressed by a Louisiana attorney.

    Good Luck!

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  • Does my wife need to obtain legal representation?

    A parking enforcer was putting a ticket on my car for expired registration and my wife intervened. She explained that we are currently trying to take care of it. Impulsively (and stupidly) she proceeded to get in the car and drive away. She did NO...

    David’s Answer

    It is definitely in your wife's best interests to retain a quality, locally experienced, criminal defense attorney. Ideally the attorney can prevent formal criminal charges from being filed. In the event charges are filed the attorney can likely appear in court for your wife without her ever having to appear herself.

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