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Amanda Fay Benedict

Amanda Benedict’s Answers

39 total

  • Can i file a motion to re-open my case after taking a plea bargain?

    I feel i was pressured by my public defender to take a plea bargain and i was confused throughout the whole thing and i wasn't even sure what i signed. Is it possible to re-open my case so i can go to trial? I don't have money, where can i get hel...

    Amanda’s Answer

    In your question, you do not mention whether or not you have been sentenced. If you have entered into a guilty plea, but have not yet been sentenced, then you can file a motion to withdraw the guilty plea. You can ask the court to appoint new counsel to your case to investigate and prepare your motion to withdraw the plea.

    If you have already been sentenced, then your recourse would be through the filing of either an appeal (if you were sentenced during the past 60 days) or to file a petition for writ of habeas corpus. Both, the filing of an appeal and the filing of a habeas petition, have strict time requirements. Therefore, it is essential that you immediately consult with an experienced criminal law or criminal appellate attorney for assistance.

    If you are without funds to retain an attorney, you can contact the California Appellate Project in Los Angeles for free assistance. Their website is http://www.lacap.com/

    Good luck with your situation.

    Amanda F. Benedict
    Law Office of Amanda Benedict
    Accident Litigation & Appeals
    162 S. Rancho Santa Fe Road, Ste F50
    Encinitas, CA 92024
    work: 760-942-0054
    fax: 760-942-0055
    Email: amanda@amandabenedict.com
    Web: www.amandabenedict.com
    LinkedIn: www.linkedin.com/in/amandabenedict
    Twitter: www.twitter.com/amandabenedict

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  • What should I do?

    Following a vehicle accident I refused to go to the E.R. but less than a few hours later I got convinced to have myself checked then refused any extensive care. But the following. Day I feel like literally got ran over, now what should I do?

    Amanda’s Answer

    The most important thing a person should do after an automobile accident is to take care of his or her health. Go to your doctor, get a complete evaluation, and check to see if you are simply experiencing muscle soreness or if you have a more serious injury requiring medical treatment.

    After you have attended to your immediate medical needs, then I recommend you consult with a personal injury attorney for guidance regarding the handling of any possible claim you may have against the driver of the other car for your property damage or for your medical expenses.

    I wish you the best of luck and hope that you have a speedy recovery.

    Amanda F. Benedict
    Law Office of Amanda Benedict
    162 S. Rancho Santa Fe Road, Ste F50
    Encinitas, CA 92024
    work: 760-942-0054
    fax: 760-942-0055
    Email: amanda@amandabenedict.com
    Web: www.amandabenedict.com
    LinkedIn: www.linkedin.com/in/amandabenedict
    Twitter: www.twittercom/amandabenedict

    Disclaimer
    The correct approach to any legal situation can only be recommended after a full review of the surrounding facts. The above response is provided for informational purposes only based upon the facts provided in the question. The response should not be relied upon without first consulting with an attorney.

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  • How many appeals does a person get if they are sentenced to LWOP

    How many appeals does a person get if they are sentenced to LWOP?

    Amanda’s Answer

    Any person convicted of a felony in California is entitled to one direct appeal. This is true regardless whether the person is convicted of a simple drug offense or a homicide with a sentence of LWOP.

    After the Court of Appeal rules on a direct appeal, the defendant has the right to ask the California Supreme Court to review the Court of Appeal's decision. If the California Supreme Court denies review, or grants review but affirms the conviction, the defendant then may file a petition for writ of habeas corpus in the Federal Court asserting any federal or constitutional issues raised in the state appeal. The defendant also may file a petition in the United States Supreme Court to review the California Court's rulings.

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  • How do i go about to have her pay for the damages she caused to my car?

    I let my boyfriends sister use my car to take her son to Dr appt's and she ended up crashing it and she has avoided my calls. No one else was involved she says and she never called the police.. She at first said she would have it fixed that her ma...

    Amanda’s Answer

    Ok - practical advice - speak with your boyfriend! Have him get her insurance information and then file a claim with her automobile insurance company.

    If she does not have car insurance, you can file a claim with your own car insurance company. They can then pay for the damages to your car and then they will undertake the task of chasing after your boyfriend's sister for reimbursement.

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  • Where can I find a pro bono appellant attorney out of california for my boyfriend currently in jail looking at 15 to life?

    My boyfriend was basically at the wrong place wrong time no physical evidence only he said she said. He has now been in jail for almolst 3years. His current sentence is 15 to life. Right now he is about to appeal and ask for a continuance. His sto...

    Amanda’s Answer

    Unfortunately, I do not have good news for you or your boyfriend. A person convicted of a felony in California is entitled to one appeal and to the appointment of appellate counsel if the convicted person is unable to hire an attorney. However, a notice of appeal must be filed within the first 60 days following sentencing. If your boyfriend was convicted and sentenced to prison three years ago, his time to file an appeal has long passed.

    In rare circumstances, the Court of Appeal will allow a defendant to file a late notice of appeal if there are good reasons why the appeal was not filed timely. If your boyfriend wants to try to ask the Court for permission to file a late notice of appeal, he should consult with an appellate attorney to see if there are grounds to support the request. If he does not have any money to hire an attorney, he should contact the appellate project in his area for free assistance.

    Amanda F. Benedict, Esq.
    Law Office of Amanda Benedict
    162 S. Rancho Santa Fe Road, Ste F50
    Encinitas, CA 92024
    work: 760-942-0054
    fax: 760-942-0055

    Email: amanda@amandabenedict.com
    LinkedIn: http://www.linkedin.com/in/amandabenedict

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  • Person jay walking in the middle of the night, gets hit by a car!!

    what happens!! i have a friend that try crossing the street when the light was green for traffic he jumped right on top a car?? what happens to the driver??

    Amanda’s Answer

    Both pedistrians and motorists are expected to following the rules of the road. While motorists must exercise reasonable care to avoid colliding into pedistrians, pedistrians must also observe the law as avoid creating a dangerous situation for motorists. Based upon the facts you provided, because your friend attempted to cross the road against the traffic light, he/she could be held responsible for the accident.

    The police officer responding to the accident scene will prepare a police report and will make a determination regarding who was "at fault" for the accident. If your friend was found 100% at fault for causing the accident, then nothing will happen to the driver of the car. If the driver of the car is determined to be partly "at fault" (perhaps because he was speeding, or driving without headlights on) then the driver can be held responsible for the driver's share of your friends damages.

    Without evaluating the accident scene, the police report, and gathering witness statements, it is impossible to determine whether or not the driver of the car will be financially responsible (in part or in whole) for the accident. Your friend would be wise to meet with an experienced accident attorney to obtain compentent legal advice after a review of all of the facts.

    Best of Luck,

    Amanda Benedict
    Attorney at Law
    www.amandabenedict.com

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  • Criminal appeal a.s.a.p.

    My boyfriends case just finished up in may. I have wrote on here before but short story: i don't think and i don't trust his lawyer is going to send in his appeal. I want to get rid of the lawyer and get a public defender because i want all of my ...

    Amanda’s Answer

    Attorney Amy Guerra provided you with excellent links for the notice of appeal form and information on how to check on whether a notice of appeal has been filed.

    However, throughout your question you make reference to how YOU don't trust your bf's lawyer and how YOU want to get the paperwork out of the lawyer's hands. While I am sure you love your boyfriend and are trying your best to help him, the responsibility of filing a notice of appeal and/or changing lawyers ultimately rests in your boyfriend's hands. As his girlfriend, you cannot file a notice of appeal for him, demand his client file from trial counsel, or "fire" the current attorney. Your boyfriend must do those actions.

    If your boyfriend wants to file an appeal, mail him the Notice of Appeal form. If he has questions, have him contact a criminal appellate attorney immediately. If he is without funds to pay for an attorney, then he should contact his local Appellate Project for assistance. For felony convictions in Visalia - the local appellate project is the Central California Appellate Project - CCAP, 2407 J Street, Suite 301, Sacramento, CA 95816, (916) 441-3792.

    I wish your boyfriend the best of luck on his appeal.

    Amanda F. Benedict, Esq.
    Law Office of Amanda Benedict
    Appeals & Bicycle Accident Litigation

    162 S. Rancho Santa Fe Road, Ste F50
    Encinitas, CA 92024
    work: 760-942-0054
    fax: 760-942-0055

    Email: amanda@amandabenedict.com
    LinkedIn: http://www.linkedin.com/in/amandabenedict

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  • I need an appeals attorney?

    my husband is in prison and i need to file an appeal within the next 30+ days. his appeal was denied or not looked at.

    Amanda’s Answer

    An appeal can be filed by your husband or by an attorney on behalf of your husband. Unfortunately, you cannot file an appeal on his behalf.

    However, I am a bit confused regarding part of your question - you state that your husband's "appeal was denied or not looked at" - what do you mean by this?

    In California, a person convicted of a felony has the right to challenge the conviction on appeal. However, an individual does not have the right to file multiple appeals. Because you state that your husband had his appeal denied, I am concerned that your husband may really need to file something other than an "appeal" to challenge his sentence.

    I highly recommend that you meet with an experienced criminal appellate attorney to ensure that the correct type of document is being filed on your husband's behalf and to protect your husband from missing any deadlines.

    I wish you the best of luck!

    Amanda F. Benedict, Esq.
    Law Office of Amanda Benedict
    Appeals & Bicycle Accident Litigation

    162 S. Rancho Santa Fe Road, Ste F50
    Encinitas, CA 92024
    work: 760-942-0054
    Email: amanda@amandabenedict.com
    LinkedIn: http://www.linkedin.com/in/amandabenedict

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  • What is charge level F (Felony)

    in relation to 273.5 (A) PC and 853.7PC what charges these PC's mean

    Amanda’s Answer

    The "PC" listed on the charging document references the "Penal Code".

    A charge of "273.5(A) PC" is a felony charge for corporal injury to a spouse/cohabitee/parent of your child. The range of punishment for this offense is 2, 3 or 4 years in state prison.

    A charge of 853.7PC is a misdemeanor offense for failing to make a court appearance.

    Amanda F. Benedict, Esq.
    Law Office of Amanda Benedict
    Appeals & Bicycle Accident Litigation

    162 S. Rancho Santa Fe Road, Ste F50
    Encinitas, CA 92024
    work: 760-942-0054
    fax: 760-942-0055

    Email: amanda@amandabenedict.com
    LinkedIn: http://www.linkedin.com/in/amandabenedict

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

    She is being charged with Burglary & conspiracy. She and her friends entered a vacant home. She has No prior charges. She was released to me the same day she was arrested. The Police did cite her and next to the charges he cirlced M for Misdameanor.

    Amanda’s Answer

    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 to home custody, juvenile offenders are typically required to perform community service, and to comply with a number of conditions of probation. Each case is different and there is no way to predict, based upon the information you have provided, whether or not your daughter will have to serve any time in juvenile hall.

    It is important to have an attorney experienced in juvenile deliquency proceedings work with you throughout the process so that your daughter can present the best posibile picture to the court.

    I hope your daughter has learned a great lesson from this situation and that she never again is forced to appear before the court.

    Best Wishes,

    Amanda F. Benedict, Esq.
    Law Office of Amanda Benedict
    Appeals & Bicycle Accident Litigation

    162 S. Rancho Santa Fe Road, Ste F50
    Encinitas, CA 92024
    work: 760-942-0054
    fax: 760-942-0055

    Email: amanda@amandabenedict.com
    LinkedIn: http://www.linkedin.com/in/amandabenedict

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