Daniel Martin Smith’s Answers
Daniel has answered 25 questions
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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...
11 lawyers agreed with this answer
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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...
5 lawyers agreed with this answer
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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...
4 lawyers agreed with this answer
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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...
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1 lawyer agreed with this answer
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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...
4 lawyers agreed with this answer
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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...
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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...
2 lawyers agreed with this answer
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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...
2 lawyers agreed with this answer
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I spent 18 months in jail after being wrongfully convicted. I won my case on appeal. Now I am out of jail. Can I get money?
The typical answer is to contact your attorney. Not so much help. I believe the correct answer is that unless your victory on appeal can support a motion for a determination of factual innocence,...
1 lawyer agreed with this answer
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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...
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