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James Melvin Taylor

James Taylor’s Answers

17 total


  • Will my husband have to do 85% or 50% his time now that his strike has been striked?

    My husband had a strike he received in 2005 when he was 17 and he's 27 now. He committed a petty theft but was charged with an Estes Robbery. The judge agreed to strike his previous strike reducing his sentence of 9 years to 7 years.

    James’s Answer

    He is supposed to serve 85% of the time. However, the prison can do whatever they want and let him out earlier if they come up with a reason. Depends on overcrowding.

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  • If someone is charged with murder and money is not a factor for them, how should one go about in getting the best lawyers?

    If someone is charged with murder and money is not a factor for them, how should one go about in getting the best lawyers? I have a close friend who is charged with murder. I want to help him hire the best legal defense possible. Money is not a fa...

    James’s Answer

    Look for an attorney that knows their way around the courthouse your trial will be in. See what their win record is and if they did lose, how hard did they fight for the client and how bad were the facts. Sometimes website ratings of attorney's can be misleading, as an attorney can pay for the ranking even though the client reviews are horrible. How well does the attorney work with others, Is the attorney burnt out!! Does the attorney even listen to what you have to say and do they return your phone calls with answers and not just "I don't know" or "I'll have to research that". Things to consider.

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  • A friend was caught stealing 40 dollars worth of merchandise from a walmart. What will be the consequences? Fines only?

    I just want to know what the realistic possibilities are. He is planning on just pleading guilty and accepting the whatever the consequences are which he is thinking will be fines and possibly a anti theft class. Is probation a possibility and wha...

    James’s Answer

    If the court offers deferred entry of judgment and he knows he is guilty and it can be proved then he may consider it. However, prior to taking any plea bargain he needs to see the evidence against him and consult with an attorney to see if he has a valid defense. Don't plea without seeing the evidence against him.

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  • My husband filed a false report against me it resulted in me being charged and convicted with felony D.V.

    He confessed in court to the judge, the D.A.. and other court appointed attorneys that he LIED. however the D.A. still picked up the case. I now have a record which he is playing on. Meaning, today I discovered he lied to unemployment stating he h...

    James’s Answer

    Your question is unclear. However, it sounds like the DA is still prosecuting despite your husbands statement to the court. If that is the case, I urge that you fight this case and take it to trial unless there are some facts you are leaving out, i.e., 911 call, statement to police, photographs. You need to seek the advice of an experienced attorney as soon as possible.

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  • How to get my only felony (petty theft) removed from my record?

    i am tired of my past interfering with my future so i need to know what i can do to remove petty theft i did more then half of my summary probation i haven't got in trouble since this incident im currently working for a felony friendly company bu...

    James’s Answer

    Try and pay the rest of your fine off. Get character letters to convince Judge to grant petition. The charge will still show on court websites and on your RAP sheet. There will just be a notation that the matter was 1203.4'ed.
    Jeff Moore is correct, seek prior counsel and see if they will assist.

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  • - Do I need a lawyer? - How can I get this to a lesser offence? - Is it possible to not have this offence on my record?

    Hi there, About a couple hours ago I was charged PC 484 (A) petty theft from Walmart. The amount I stole is around $130 (might be a little less) my court date will be on December 3 2013. LP mad a written report, made a copy of th...

    James’s Answer

    If you made admissions to LP and they have you on video allegedly committing the act then you may have some issues. Since it is over $50 they may not be willing to give an infraction. Best bet is to hire an attorney that knows San Bernardino and is familiar with the District Attorney.
    If an attorney makes promises to you without reading the police report or doing a thorough investigation of the facts....you may want to rethink if you are going to hire that person.

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  • What's the main difference between a DUI Attorney that charges $2000 and one that charges $3600?

    I'm interviewing attorney's for a 1st time DUI with no previous convictions and the price range is all over the place. I'm trying to understand the range? What should I look for?

    James’s Answer

    Its usually relative to their experience level. Although in the present economy many good DUI lawyers are lowering their fees to keep their staff busy and paid. It comes down to how comfortable you are with the attorney, the experience level of the attorney, does the attorney go to trial, if so, when was the last trial and what was the result. Will the attorney you will be paying to represent you be the same attorney who will be representing you in court?

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  • Is it worth to higher a DUI attorney?

    I have had two results of .12 both on a field test and at the station. They happened within 30 -40 minutes of each other. It was within Orange County. As far as I can tell the cop appreciated how cooperative I was. For back story, when I was pulle...

    James’s Answer

    I agree with the other attorneys. You should seek the advice of an attorney and hopefully have copies of the police report and results of the chemical tests with you when you consult with an experienced DUI attorney.
    It takes someone with DUI case experience to know what to look for to see if you have a valid defense.

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  • If a person is convicted of 245(b) and the gbi enhancement is found not true

    Can there be an argument that's its not a serious felony?

    James’s Answer

    To state it another way, the person now has a felony strike conviction. If they commit another felony they are looking at having that time doubled plus it will be served at 80%, unless the new felony is a violent felony, then it is served at 85%.

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  • Driver's License Suspension Time Limits?

    With regards to 13352(a)1 for a first offender, the license suspension is stated to be 6 months. However, in the same section, it states that the DMV will not reinstate a license until their program requirement has been met. (Which conceivably cou...

    James’s Answer

    The DMV will suspend your driving privileges until their requirements are satisfied, such as proof of enrollment or completion of DUI AB541 first offender program (if not enhanced), SR-22, and a fee.

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