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Judith Michael Fouladi

Judith Fouladi’s Answers

472 total


  • Did I convict, Charge, or plea Gulity or NOT? Please answer Briefly as I am applying for jobs continiously.clean record prior.

    Honorable lawyers! Here is entire situation of my case. On Sep 15,2010 i enetered safeway nd forget to pay .90 cents of water bottle.The security guy caught me and asked me for my ID which was not in my pocket on scene.I tried to tell him I hav...

    Judith’s Answer

    There will be a record of the arrest, but no record of any conviction. You successfully completed a diversion program and the matter was dismissed. Congratulations!

    Judith M. Fouladi, Esq.
    Orange County
    (714) 384-6500

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  • My probation Officer in Broward County Floridahas received permission from Marion County Florida to convert my restitution into

    a Civil Lein. Does that mean that I can also get an early termination of my probation.

    Judith’s Answer

    You would have to ask your PO about that jurisdiction's policies and practices (or an attny licensed in FL). As a general matter, many probation departments are willing to terminate probation where the restitution issue has been resolved, and where there are no factors present which suggest continued supervision is appropriate. Best Regards,

    Judith M. Fouladi, Esq.
    Orange County, CA
    (714) 384-6500

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  • In Oklahoma, can a noncustodial parent press charges on a man for having sex with his daughter?

    The man is 30 and the child is 16, almost 17. The child has fully consented to the act.

    Judith’s Answer

    Anyone, regardless of relationship, may notify law enforcement of any suspected child abuse, including statutory rape, where consent by the minor child is no defense to the violation. Best Regards,

    Judith M. Fouladi, Esq.
    Orange County, CA
    (714) 384-6500

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  • Is it legal to have my minor child recorded without my knowledge/consent in a school (speech therapy) setting?

    My son was recorded not as part of his therapy but to be used to prove a point in an IEP meeting that was later held. It was done without my permission or knowledge. This was done at an LAUSD school.

    Judith’s Answer

    An attorney who practices in the area of education law will probably know the answer, but you may want to look at the LAUSD's stated policies, if any, regarding the audio recording of students. If offended by this, you have every right to send notice of written objection with a demand the recording be destroyed and not used under any circumstance. Best Regards,

    Judith M. Fouladi, Esq.
    Orange County
    (714) 384-6500

    See question 
  • Can I fight this stop sign ticket in Sunnyvale?

    I got a ticket in my own neighbourhood in sunnyvale for running a stop sign. The ticket claims I was going at 5 miles per hr. I am positive I stopped. I go through this intersection every day multiple times and always stop at the stop sign. This...

    Judith’s Answer

    You're probably eligible for traffic school. Please see my legal guide regarding traffic school eligibility. Best Regards,

    Judith M. Fouladi, Esq.
    Orange County
    (714) 384-6500

    See question 
  • My son was arrested for burglury. The DA could not prove he did theft however my son was kept in jail.

    Six months later, he took a strike and got out of jail. He got probation and had to do a treatment program. He went to all meetings. His probation officer was pleased. We had to leave the area in an emergency situation. I went in to talk to h...

    Judith’s Answer

    It really depends upon what he's charged with. Is he now charged with vehicle tampering? If that's the case, it may be filed as a misdemeanor. Merely "looking" in a car window, especially a relative's car window, certainly doesn't seem sufficient for an arrest. There must be some additional facts that re missing from your fact pattern. Is his prior a residential burglary? If the DA could not "prove he did theft", then why did he plead to a res burg?

    Judith M. Fouladi, Esq.
    Orange County
    (714) 384-6500

    See question 
  • How long will it take for my daughter to get off probation?

    We are in Napa, California. She has been on probation for a year and 3 months and her probation officer is writing her a recommendation letter to get off. About how long will it take for the judge to get to her file? She is 15, turning 16 a mo...

    Judith’s Answer

    You should probably ask the probation officer directly what that court's customs and practices are and what you might expect. Some jurisdictions may require the DA's consent to modify a sentence; some may leave it up to the PO's recommendations. How long it may be until the sentencing judge signs off on the matter probably depends upon his or her caseload. Best Regards,

    Judith M. Fouladi, Esq.
    Orange County
    (714) 384-6500

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  • HOW MUCH TROUBLE CAN I GET MYSELF INTO, BY ENTERING AND SQUATTING IN AN ABANDONED HOUSE?

    I FOUND THIS HOUSE THAT HAS ALL THE NECESSITIES NEEDED TO LIVE IN IT COMFORTABLY, ITS LIKE THE FAMILY JUST UPS AND LEFT. ALL UTILITIES (GAS, ELECTRIC, WATER, TELEPHONE) ARE ALL ON. EVERYTHING WITHIN THE HOUSE HAS ACCUMILATED LAYERS AND LAYERS OF D...

    Judith’s Answer

    I agree that the neighbors have nothing to do with it (in fact, they'd probably call law enforcement). It would only be a matter of time until you are either kicked out by someone with authority to do so (e.g bank employees, real estate agents), or arrested for misdemeanor trespass. It's unlikely in my opinion that you'd be arrested and charged with residential burg, especially since its uninhabited.

    Judith M. Fouladi, Esq.
    Orange County
    (714) 384-6500

    See question 
  • I received a warrant letter for a $500 theft issue from Feb 2009. The store said I didn't pay but I have a receipt.

    I have no criminal history. I just received a letter stating that I have to show up at the sherrifs department as they are "holding a warrant for my arrest". This is almost 2 years later and I already turned in proof that I bought the item to the ...

    Judith’s Answer

    It seems a little odd that you'd receive notice that the Sheriff's Dept. is "holding a warrant" for your arrest. Only a judge can issue an arrest warrant based upon certain probably cause. Unfortunately the PD will not be able to help -- they are appointed by the court only after formal charges have been filed by the DA's office. You will either need to return here, or obtain the assistance of private counsel, which would probably be more cost effective. Have you called the Sheriff's Dept in attempts to get further information? The warrant can be recalled by a judge - which requires an appearance in court. Do you know the amount of bail attached to the warrant? If in fact it relates to a $500 theft, then you're looking at a misdemeanor. A private attny can probably at least get the warrant recalled even without your presence in the jurisdiction. Try to find out the amount of bail is attached to the warrant - if its minor (eg $10K or less), it probably won't even get into interstate law enforcement data systems. Good Luck & Best Regards,

    Judith M. Fouladi, Esq.
    Orange & Los Angeles Counties
    (714) 384-6500

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  • In a criminal case with a co-defendant can the case be seperated and how. The reason why i am asking is because my son is willin

    to take his deal but his co-defendant is not taking his he wants to try to get less time then they are offering. my son is incarerated and the co-defendant is out on bail. My son does not want to go to trial but if the co-defendant does not take ...

    Judith’s Answer

    This happens frequently in co-defendant cases, and this is where the trial judge's influence may be helpful. Your son's attny will likely speak to him or her about the fact that your son wants to enter a guilty plea and resolve his portion of the case. If the DA insists on the either/or scenario, your son's attny would have to file a motion to sever the defendants, but the grounds for such are limited. You need to speak to your son's attny about his options. Best Regards,

    Judith M. Fouladi, Esq
    Orange County
    (714) 384-6500

    See question