Daniel Martin Smith's Answers

My friend has been charged with posession of child porn what should i do?

I have handled many of these cases. The penalties in federal court are horrendous. The tow "real pictures" definitely worry me. The standard is not just whether they are sadistic, but rather if they depict the child in sexually suggestive positions etc. The number of images affect the level of the offense if federal. In state court, the calculations will realy come down to the allegations and type of case filed. In both cases, your friend could be facing mandatory sex offender registration. You...

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Can police knock on my hotel room door, enter and search my room and arrerst me without a warrant or my permission to enter?

Yes, If you are silly enough to answer the door. It is commonly called a "Knock and Talk" and almost invariably, the officer will claim there was some form of evidence in plain view once you have opended the door, which togehter with exigent circumstances, they will argue, justifies the search. If the Police officers claim that they were given good information that criminal activity was occuring, then the police will argue the good faith "Leon" exception. If there is possibility of danger...

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Associate is charged with drug trafficking, how much time is he looking at?

I am former Federal Defender and practice primarily in Federal Court. Your family member is looking at a minimum mandatory sentence of 10 years of which you serve 85% in the federal system. The advisory USSG or sentencing guidelines for 30lbs or just under 15 kilos of meth mixture is a whoppping 188 to 236 months before adjustments. Keep in mind that even if he or she goes to trial, he may receive a 2 level reduction to level 34 which equates to 151 to 188 months. This is all assuming he is a...

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Can I set up a corporation including the word of “college” in CA?

In my opinion, you certainly can. However, the question may be whether it is used to mislead an individual or involve misrepresentation. But I am aware of no restrictions on the use of the word college. It could be a dog-training college for that matter. And if you are engaged in training dogs, I do not believe one could argue that you do not have the permission of the state.

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Poss consequences for 16 yr old juvenile w finding of California Felony for stealing Alcohol PC459 & Felony PC136.1(b)(1)?

The judge does ha e total discretion in the recommendation. However, the attorney that I assume was assigned to represent your son should take the laboring oar in advocating for placement in the ranch. Not all jurisdictions charge you for such placement. Letters of support which indicate your son does well in a ranch type setting as opposed to the sterile institution may very well persuade the judge. There are never any sure bets, but use your intuition on what would sway you if you were...

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Can I get my statutory rape felony expunged?

If the your age and the victim's difference was three years or more, which PC 261.5(c) describes, you may be able to bring a motion to reduce the felony based on the fact that you were given a misdemeanor sentence involving only county time. I have been successful in the past bringing such a motion before the court with that very argument. What you have accomplished since and the facts surrounding your case (like whether it was a dating situation that the parents did not approve), are...

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After completing my time can I request the court to drop it?

you have a constitutional right to represent yourself in your request to terminate probation early. First, go to criminal counter before 8:30 and ask that your case be sent to a judge and that you would like to speak to the judge. Bring a copy of any documents you have showing you have paid your fines and a copy of your daughter's birth certificate and a picture would not hurt. Tell the judge that you are having trouble finding a job and would request early termination. As for the 1203.4, you...

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While in a diversion program for duii, i got a ticket for marajana possession. How does this affect my program?

I presume you are talking about attendance in a first conviction program as part of your misdemeanor probation. If your marijuana ticket is truly a "ticket" as in an "infraction" then you have a very good argument that you have committed the very type of infraction that is generally excluded as a violation of probation. However, if you have been charged with a misdemeanor, then it will be discretionary as to the court if you are in violation. If the program throws you out of the program, go to...

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What charges would this person receive?

A lot depends on the actions that go along with that request. However, the first charge that comes to mind is PC 647.6 which is "Molesting or Annoying a Minor" under California law. This is a wobbler felony and I believe is quite possibly an offense that could result in life long registration as sex offender under PC 290. If the defendant exposes him or herself in any way that could be construed to be an act of sexual gratification or arousal, then you are definitely looking at a PC 314...

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Any news on jail time in Orange county changing to that of LA county?

I recently dealt with a client who was sentenced under the SB 76 Bill which brought his credits to 50% using PC 2933(e)(1)-SP which indicates that he was out of local time (he was given 365 of which he served 245). The Judge gave him 16 months on the violation and he was released that day! So in short, I can answer that if your client committed the offense during the correct window (my client committed the offense prior to 2012 (11/07/11) then he will receive 50% credit for the time he...

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