My fiance has been convicted and serving a 13 year sentence for a criminal conviction on a crime he didn't fully commit and we know he has grounds for a appeal . he's served 3 years already and due to taking care of his needs I don't have the fund...
Was he sentenced after a jury trial? I ask because in some counties, San Diego being one, any case that goes to jury trial and results in a prison sentence gets an automatic appeal from the appellate version of the Public Defender. So, it's possible your fiancee is either currently up on appeal or his appeal has been denied. Otherwise, see any of the other answers regarding the 60 day notice requirement.See question
The courtroom was very confused today even my public defender and the prosecutor were. I don't think they've ever seen a case violating a divorce decree. the charges before me was a PC 166. the complaint is that I violated the divorce decree by d...
You violated a court order not to drink and/or not to drink in front of your children. That is what the charge is; not the actual drinking itself. I've never heard of the violation of such an order going to criminal court; usually the only criminal contempt proceedings we see are for failing to pay child support. However, I don't think it's legally un-sound.See question
Recently I was booked for cultivation released next afternoon non sentenced. I don't know what that even means
When you were released the Sheriff should have provided you with a new court date. If they did not (or you forgot it), it is in your best interest to consult with a lawyer to find out the status of your case. You don't want to fail to appear.See question
I was caught shoplifting for something that was $5 and I had to sign a paper for the store. I was also fined $200 which I paid right then and there. No police were called and I wasn't arrested. Will I have to watch out for a civil suit? What shoul...
If the police were not called, there will not be a record of it. It sounds like they pumped you for the "restocking fee". Ignore any other correspondence they send.See question
I had a 166 warrant out for a police report complaint, misdemeanor. Would there be any reason why an attorney would be denied a recall until the court date if I hire one? These are misdemeanor. Thank you.
Typically, on a misdemeanor case, your attorney can get the warrant recalled without any issues. However, there may be complications based upon the nature of the case, length of time since the person failed to appear, the reason for failing to appear, etc. It is better to talk to an attorney and give them the specifics of your case to get a more concrete answer.See question
we're worried it wont work out between us because of age difference. we are both still in highschool but still age can get him into trouble. any advice would be AMAZING please and thank you
I would echo the other attorney's answers that it is absolutely illegal for the two of you to engage in sexual activity. I would further add that given the proclivities of today's youth, you should also be very careful of your "communications" via cell phone and social media. Racy pictures of yourself could be considered child pornography and both you and he could end up trouble for sending/receiving/possessing it.See question
This situation is pretty messed up, I was driving completely sober and got pulled over by cops one thing led to another I was nervous and "looked under the influence" the cops heard nitrus canisters in my bag some were empty some were filled and ...
If you were arrested you need to consult an attorney in your area as soon as possible. DUI's can be very complicated and it is difficult to give you a full evaluation in an online setting. Most attorneys offer a free consultation. I would take advantage of that and get a full evaluation.See question
It's a 5 year old domestic violence case against my stepdad. This is would be considered his 3rd strike and I don't want to send him to jail due to the fact that we've patched things up already. What should I do?
In the event you fail to honor the subpoena, it is possible that the DA would ask for, and the judge would issue, a material witness warrant for your arrest. Therefore, it is always advisable to contact either your step dad's attorney, and/or the prosecutor once you have received a subpoena.See question
My friend an ex-felon was charged with receiving stolen property and carrying a dirk or dagger. The cop said it was concealed in his pocket, that she confronted him about it when he was on the ground and then cuffed him. Her body cam showed her ac...
In nearly every case, one of the parties (or both) will make an oral "motion to exclude witnesses". This motion is summarily granted by the court, and it requires all witnesses to remain outside of the courtroom until it is their turn to testify. There are two exceptions: expert witnesses who are basing all or some of their opinion on the testimony, and "investigating officers". An investigating officer is designated at the beginning of the trial and is allowed to remain in the room, and usually sits at counsel table with the DA. In your case, the officer you mention was almost certainly designated the investigating officer.See question
I am writing this on behalf of my mom, who does not know that I am doing this. She is being charged with what could potentially be a misdemeanor, or an infraction. She violated sub section (a) of CA vehicle code sec. 12500. The only problem is tha...
Pro bono criminal defense lawyers are called Public Defenders. If your mother cannot afford an attorney, the court will appoint the Office of the Public Defender to represent her. Rest assured she will have representation when she goes to court, one way or the other.See question