Judith Michael Fouladi’s Answers

Judith Michael Fouladi

Riverside Litigation Lawyer.

Contributor Level 14
  1. I have two theft convictions both misdemanors grand theft and petty theft I'm on probation for the petty theft for the

    Answered about 4 years ago.

    1. Judith Michael Fouladi
    2. Robert Laurens Driessen
    2 lawyer answers

    You can file a Penal Code section 1203.4 petition for dismissal of the convictions once you have successfully completed probation. In order to successfully complete probation, you must: 1.) pay all fines/restitution, if such have been ordered; 2.) violate no law (i.e. no new arrests during the probationary period; and 3.) complete any other term/condition of probation.

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  2. I am on formal juvenile probation for lying to a peace officer and sales of marijauna.I caught a new charge of assault and batt.

    Answered about 4 years ago.

    1. Judith Michael Fouladi
    2. Robert Michael Bernstein
    3 lawyer answers

    You have quite a bit of jail exposure already...The two cases for which you are on probation can amount to lengthy incarceration. The max. on the new charges for sentencing purposes merge into a 6 month term. So what happens all depends upon the DA's office and the juvenile court (including your P.O.). The bottom line, though - is what are you doing with your life? Is this the path down which you want to go? What about your future? What type of career do you hope to have? Do you think...

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  3. Deadline on suing the police or an accuser?

    Answered about 4 years ago.

    1. Judith Michael Fouladi
    2. Robert Laurens Driessen
    2 lawyer answers

    With regard to filing a lwsuit against the police and/or accuser - your cuase of action would be for what is called malicious prosecution (possibly defamation). These are classified as "torts" - wrongs against the person. There is a three year statute of limitations on personal injury (as a general rule), and one year for breach of contract actions -- from the date of injury (so, from the date you were arrested). Good Luck & God Bless!

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  4. What's the process in court for a petty theft (shoplifting) of jewelry accessories ?

    Answered about 4 years ago.

    1. Judith Michael Fouladi
    2. Robert Laurens Driessen
    3. Edward Jerome Blum
    3 lawyer answers

    You'll appear for your arraignment, at which time your choices will be: 1.) Plead guilty and receive nothing more than a fine (but there are penalty assessments added to the fine - which increases the total amount dramatically - ask for community service as an option); 2.) Ask for an extension in order to hire an attorney; 3.) Ask for the public defender if you qualify (financially speaking - i.e. - no job, homeless, etc.). The optimum outcome is that you enter a plea to a lesser charge (e.g....

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  5. A criminal complaint charging me with misdemeanor HS 11364(A) I was sitting at my inlaws, cops came in. I had nothing, in, on me

    Answered about 4 years ago.

    1. Judith Michael Fouladi
    2. James Robert Mortland
    3. Robert Lee Marshall
    5 lawyer answers

    The judge can only dismiss upon motion by the D.A. -- the judge cannot sua sponte dismiss a criminal filing once filed (unless the defendant files a suppression motion for illegally seized evidence which the D.A. cannot justify, or the D.A. can't try the case within the statutory time). This is because there is a separation of powers between the executive and judicial branches - with each having certain forms of limited power that cannot be infringed upon by constitutional mandate. So when...

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  6. I have dui on my record and complaid with court and dui program also paying fines

    Answered over 3 years ago.

    1. Judith Michael Fouladi
    2. Hussein Ali Chahine
    3. John M. Kaman
    3 lawyer answers

    Alameda County is one of the pilot project counties for the IID on first time offenses. Its a mandatory requirement, if your conviction occurred on or after 7/1/10. The courts and DMV are still working out the bugs with regard to this legislation. You'll need to go to the DMV for further clarification, and/or contact a local attny who can assist you with the process. Best Regards, Judith M. Fouladi, Esq. Orange County (714) 384-6500

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  7. While on informal probation, can they move out of state? If so, what are the steps to take?

    Answered over 3 years ago.

    1. Judith Michael Fouladi
    2. James Vincent Sansone
    2 lawyer answers

    Yes; she can leave the state - there's no issue there at all. But she needs to do the 90 days work program - failure to do that will result in the court issuing a bench warrant for her (which probably may not find its way into a national law enforcement data base, but still, can raise negative consequences for her). Good Luck & Best Regards, Judith M. Fouladi, Esq. Orange County (714) 384-6500

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  8. How can I satisfy the court's requirement of completing the AB-541 first offender alcohol program if I live in Illinois?

    Answered about 4 years ago.

    1. Judith Michael Fouladi
    2. Robert Laurens Driessen
    3. Ardalon Fakhimi
    3 lawyer answers

    If you're still her in OC, you don't need to retain counsel to address this. Simply go back to Harbor Justice Center (or whatever courthouse where your plea was entered). Go to the alcohol liasion unit (at HOC its on the 2nd floor), and indicate you'll be returning to IL and that you need a compatible program in IL that meets CA's requirements. You'll be given the contact info for a similar program in the town you'll be moving back to. If you're already in IL, you'll need to have a local...

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  9. Is it possible to work as a CNA Iin California with a felony that has already been expunged?

    Answered about 4 years ago.

    1. Judith Michael Fouladi
    2. Robert Lee Marshall
    2 lawyer answers

    I have a legal guide on the fallacy of expungements - you can click on to my profile page and find it. When applying for a license (such as a CNA), you're required to disclose the record of conviction, and can state that it was dismissed pursuant to PC § 1203.4 (assuming that's what happened). To have qualified for a 1203.4 dismissal, the felony must have been reduced to a misdemeanor. If you're unclear about the record of proceedings, you can go to the courthouse where your conviction was...

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  10. Jail time for Speeding Tickets

    Answered about 4 years ago.

    1. Judith Michael Fouladi
    2. Robert Laurens Driessen
    3. Andrew Stephen Roberts
    3 lawyer answers

    He may have asked the judge to convert his fines into jail time; that's how he may have ended up with a 2 week sentence. Other than that - no. Infractions carry fines as the maximum penalty; they are not punishable by jail time.

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