Amanda Fay Benedict’s Answers

Amanda Fay Benedict

San Diego Litigation Lawyer.

Contributor Level 10
  1. What are possible consequences for 2nd degree murder with gang enhancement

    Answered almost 6 years ago.

    1. Amanda Fay Benedict
    1 lawyer answer

    The standard punishment for second degree murder is a sentence of 15 years to Life in state prison. Persons who commit violent crimes for the benefit of a street gang receive an consecutive 10 year state prison sentence. Therefore if a person is found guilty of second degree murder with a street gang enhancement then he/she could be facing a total of 25 years - life in state prison.

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  2. What is the procedure to appeal a California courts child custody decision?

    Answered almost 6 years ago.

    1. Marshall William Waller
    2. Amanda Fay Benedict
    2 lawyer answers

    Your daughter can file an appeal to challenge the trial court's ruling. However, there are strict time restrictions with filing an appeal. Generally, a notice of appeal (http://www.courtinfo.ca.gov/forms/fillable/app002.pdf) must be filed within 60 days from the date of the final judgment being challenged. While it only costs $655 to file a notice of appeal, pursuing an appeal can be very time consuming and costly adventure. Family law appeals in the Fourth District Court of Appeal,...

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  3. TWO STRIKES

    Answered over 5 years ago.

    1. Amanda Fay Benedict
    2. Ben Walter Pesta II
    2 lawyer answers

    I can understand your frustration. I have represented criminal defendants on appeal for the past 10 years. Unfortunately, with California's Three Strikes Law, defendants frequently find themselves in situations where they are offered "deals" of 25, 30, or 35 years in state prison to avoid receiving much longer sentences with no realistic parole date. As the prior attorney mentioned, in order to withdraw a guilty plea, your husband would need to establish that he was mislead or otherwise...

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  4. What is the possible fine for first time offender for shoplifting

    Answered almost 6 years ago.

    1. Amanda Fay Benedict
    1 lawyer answer

    Unfortunately, your question is not entirely clear. Only the District Attorney can file criminal charges. Therefore if the district attorney is not proceding with a criminal prosecution (in your case, petty theft (Penal Code section 484), then you will not have a criminal record. However, RiteAid can file a civil law suit against you for the value of the property stolen. Because of the small dollar value, the civil law suit would be filed in small claims court. A civil judgment would...

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  5. What is receipt of child pornography? (does gmail count)

    Answered over 5 years ago.

    1. Okorie Okorocha
    2. Amanda Fay Benedict
    2 lawyer answers

    Even though you did not "download" the images to your computer, your computer still retained a record of you viewing the imagaes. This is just like if you went to a website and viewed child pornography images on the website - there would still be evidence of what you viewed on your computer. It is against the law to view pornography depicting children. If you receive such an email, to not open the message, do not acknowledge receiving the message, simply delete it. If you have been...

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  6. CA child custody laws, procedure for appealing a child custody decision

    Answered over 5 years ago.

    1. Amanda Fay Benedict
    1 lawyer answer

    Challenging a child custody order on appeal can be a costly task. If you were represented by counsel during the custody proceedings, you should contact that attorney for assistance in filing a notice of appeal. If you were not represented by counsel, I highly recommend that you retain the services of an appellate attorney who is familar with child custody laws. If you are going at this pro per (without an attorney), then you should carefully read the free resources available at the...

    1 lawyer agreed with this answer

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  7. GRAND THEFT ON PERSON. F. LATER 1203. EXPUNGED REDUCED TO "M"

    Answered over 5 years ago.

    1. Amanda Fay Benedict
    1 lawyer answer

    Unfortunately, your question is more complex than your question suggests. You need to consult with both a criminal defense attorney and an immigration attorney in the Los Angeles area to answer your questions. Much depends upon the sentence you received for your grand theft, the circmstances of the offense and your current circumstances. Based upon the information you provided, I is impossible to give you a definate answer. Please seek counsel in LA & good luck! Sincerely, Amanda...

    2 lawyers agreed with this answer

  8. Will my 16year old daughter go to juvinel hall? if so for how long?

    Answered about 4 years ago.

    1. Lauren Johnson
    2. Amanda Fay Benedict
    2 lawyer answers

    There is always the possibilty of your daughter being ordered to serve a day or more in juvenile hall to impress upon her the seriousness of her actions. However, typically, the juvenile courts like to choose the least restrictive means of punishment available based upon the offender and the type of crime committed. Typical first time offenders who commit non-violent misdemeanor offenses receive home custody - i.e., they are required to be home whenever they are not at school. In addition...

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  9. Appealing a wrongful child molestation conviction.

    Answered over 5 years ago.

    1. Amanda Fay Benedict
    2. Brian Richard Dinday
    3. Shalini D Gujavarty
    3 lawyer answers

    A person charged with a criminal offense against a child faces an extreme uphill battle. Local and State law enforcement agencies (police, District Attorneys, Judges, political leaders) face emmense pressure to appear tough on crimes related to children. This has led to the enactment of lengthy prison sentences, and civil right restrictions upon anyone convicted of a sexual offense of a minor. The District Attorney's drive to get convictions for these offenses, coupled with the threat of...

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  10. Under CA state adoption laws can a parent come back after the adoption and contest it if consent was not obtained

    Answered over 5 years ago.

    1. Amanda Fay Benedict
    2. Sandra Dee Munoz
    2 lawyer answers

    If you can not get the consent of the birth father you will need to file a petition with the court asking the court to terminate parental rights of the biological father. These cases are complicated and I highly recommend that you work with an attorney to make sure you follow the right steps. However, if you are going at this without an attorney, you should read the adoption information worksheet provided by the California Courts at http://www.courtinfo.ca.gov/forms/documents/adopt050....

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