Gerald Edward Smith's Answers

I was booked on a dui in April of 05 in Riverside. Does the statute of limitations apply?

Because you failed to appear on the date of your arraignment a bench warrant was issued and will remain outstanding until you appear on that warrant. It is likely that the San Diego jail informed you that there is still an active warrant (Misdemeanor) out of Riverside County. Just be aware that if you are stopped by the police you could be arrested on that warrant. You should contact an attorney to assist you in recalling of the warrant.

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Disturbing the peace in California - how long do I have to wait before I can file for expungement? Can I do it myself?

A reduction from and DV charge (normally PC 273.5 spousal abuse) can be either a misdemeanor or an infraction. There is not enough information to determine what you plead to. However, if you plead to a misdemeanor and you are still on probation, you can expunge the charge pursuant to PC 1203.3 to modify or terminate and discharge. Further, if there was a protective order imposed, then the court would consider if there has been any material change in circumstances that relates to whether...