I agree very much with what Scott Vallens, Esq., has said about this question. I am an attorney and a licensed private investigator.
For a homicide case, it is crucial that the handling attorney use a PI for every aspect of the evidence to be developed for the case.
The PI will be responsible for locating witnesses, obtaining their statements and potentially ensuring their presence at the Preliminary Hearing or Trial.
Again, in a homicide case, a PI is absolutely essential. So...
This is a tough one. The statute reads as follows:
Evading a Peace Officer: Reckless Driving
2800.2. (a) If a person flees or attempts to elude a pursuing peace officer in violation of Section 2800.1 and the pursued vehicle is driven in a willful or wanton disregard for the safety of persons or property, the person driving the vehicle, upon conviction, shall be punished by imprisonment in the state prison, or by confinement in the county jail for not less than six months nor more than...
Regardless of the Civil Demand, if you are charged with petty theft, an excellent way to resolve the matter is by way of Civil Compromise. In a Civil Compromise, you pay "the victim," any amount of money, and if they sign off you can take that to the court and the court, in its Discretion, will dismiss the criminal case.
Tim Liebaert, Esq.
Besides all that, unless there was a serious injury it does not make sense to bring a product liability lawsuit. I would, however, alert the police and maybe the Federal Trade Commission. They keep records on this kind of stuff.
The only way to get to a good, reasoned, answer is to review all the court documents. Then, conduct legal research. Each case has its own eccentricities. So, I cannot say. However, many times cases are too old to prosecute....that may be the situation here.
To answer your question a bit better, if a case was dismissed to bring it again would be double jeopardy and is not permitted under the US Constitution.
My direct desk line is 909-9889-4200. If you do not reach me there, write to...
A Romero motion derives from a 1996 case called People v. Romero. In Romero the California Supreme Court said that in sentencing, a judge can ignore a defendant's prior criminal record. A Romero motion is sometimes called a "motion to strike a strike."
A Romero motion is hard to win. However, if there is some light that it could prevail then it should normally be made. Sometimes there can be reasons a defense attorney may suggest not to make such a motion. A motion in California is...
Your describing credit theft. It is fraud. It may be very simple to prove and if the defendant had any assets it would be worth pursuing the case. The problem is when you get a judgment can it be collected.?
A demurrer challenges the sufficiency of the complaint. Defendants believe that you made a mistake in your pleading. If they are right, the court will kick your lawsuit out of court.
Your move is to file a Brief In Opposition to Demurrer. However, I have not seen the demurrer and do not know what they are alleging.
The court will allow you to cure the defect, it the court thinks the defect can be cured.
This can be tricky and if done wrong will result in the dismissal of your...
Normally as a beneficiary under a "revocable" trust you do not have any rights because the trustor can change the trust at any time. That is why it is revocable.
In your situation if your mother has dementia, in a legal sense, she cannot change her trust and she cannot enter into contracts.
What would be needed is a Petition in the Probate Court for Conservatorship. A Conservator, a person who is the closest living relative and a responsible person, would be appointed to manage your...
California Penal Code 647(f) prohibits being "drunk in public". Simply put, you are "drunk in public" under California law.
The preamble to 647 states, "Except as provided in subdivision (l), every person who
commits any of the following acts is guilty of disorderly conduct, a
misdemeanor...." Subdivision I [probably does not apply to you...it applies to other acts that amount to a felony.]
If your level of intoxication makes you unable to exercise care for your safety or for the...