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Melanie Nell Roe
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Melanie Roe’s Answers

12 total


  • How soon after pleding guilty do i have to register as a drug offender

    i pled on 8-7-12 but i wasn't told when or how soon to register how soon after i plee do i need to register

    Melanie’s Answer

    • Selected as best answer

    Usually, if you were placed on probation, the date in which to register should appear on the terms and conditions of probation. If it does not, contact the attorney who handled your matter and inquire. You can also go to the courthouse, ask for a copy of the minutes on 8/7/12 to see what the record reflects. Either way, get hopping because you do not want a violation of probation or diversion/Prop 36 fall-off filed against you.

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  • What happen if you have an arrest warrant?

    what happen if you suppose to receive a letter for a court date and some how you miss it, and now you have an arrest warrant, will the police try to find you or they just put it on you and somehow try to catch you the other way?

    Melanie’s Answer

    Unfortunately, this happens alot. You should consult with counsel because depending on the offense, and the number of prior failures to appear, you might be taken into custody when you add yourself to calendar to clear things up, even when acting in good faith. Cover all bases and be safe with counsel at your side.

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  • CA criminal laws: at the Indio, CA court what are the best ways to reduce misdeaminor to infraction. Original case. ..

    arose from $24 of spoiled sushi purchased at market, initially told: next time you are here we will replace it for up to same price, but when came back three weeks later the store said we don't know who told you that and cannot honor it (" this st...

    Melanie’s Answer

    • Selected as best answer

    Mushi Sushi is not recognized defense in CA,....YET!. Why plead? Hire counsel, push it out, no respectable D.A. wants to waste 2 days in trial on something like this. I'd push for a dismissal in exchange for a civil compromise for the price of the dinner.

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  • How do I retrieve a computer that was seized (improperly) by the police department?

    Actually 2 computers were seized 2.5 years ago. The case went to trial, and an appeal is pending. Can they police continue to hold these computers? On a side note, these computers were seized without a search warrant. Consent was given while h...

    Melanie’s Answer

    The appeal may be a fly in the ointment, but usually your attorney woud simply talk to the DA and obtain an stipulation and release of the items, seek a corresponding court order, bring it to the evidence room, and that should do it. If DA says no to the stipulation, and it is not an item of evidence relevant to the charges, you would file a motion for restoration of property.

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  • My lawyer says that if i FAIL a Polygraph, that they cannot violate my probation. I don't understand, is this true?

    I'm on sex offender probation, so the questions will be about CP and regular Pornography.

    Melanie’s Answer

    I had a case several years back where my client in a Riverside County case sought a transfer of his probation supervision to San Bernardino County and after several years of successful probation, his PO tried to force him, a misdemeanant sex registrant, to take a polygraph. I objected in writing and quickly added it to calendar because such a test was never ordered as a term of probation. The court agreed with me and we were able to block the poly in that and any other county.

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  • If the person is in prison and was involved in a fight and is now being charged with agravated assauult

    is in prision for manslaughter

    Melanie’s Answer

    Agree with other commentators. Need more info. However, here's something the inmate needs to know. You say he/she is in prison for manslaughter. Picking up a new case while serving time can have some very harsh consequences on the underlying beef. What do I mean? He could very well lose his good time credits earned due to this new incident. How does this occur? Board of Prison Terms will conduct an administrative investigation and provide to him due process rights (i.e. notice and right to be heard) prior to taking away those credits. I have represented several men who have aggressively fought the administrative parole hearing all the while being transported back and forth between CDC and local county jail to fight the new case. It is very important to fight both. Good luck!

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  • I got caught stealing about $20 worth of make up yeasterday from wal mart and I want to know what will happen next?

    I stole about $20 worth of make up and I opened one package. The security came out and told me to go in to a room and give them all of the makeup that i took. I took it out of my purse and gave it to them. The cops were not called and I didnt have...

    Melanie’s Answer

    Walmart takes a tough stand on shop-lifting, at least that is what we see in Riverside County, So. CA. Just look at the ceiling when you are in one of their stores and you will see hundreds of little bubbled cameras. Of course, there are far fewer cameras up there than the bubbles would imply, but still they are there to let you know their position on loss prevention. I have seen cases where clients have allegedly taken less than $100 and the clients were cite-released by responding law enforcement and appeared in court to find charges filed. I have successfully sought dismissals in exchange for civil compromises in all cases where appropriate. It does not appear you were cited/released and therefore, you may be off the hook, for now. A filing may indeed occur at some time. The longer the delay the greater the likelihood of a dismissal for delay in prosecution. Sit tight. Stay quiet. And learn from this temporary lapse in judgment.

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  • Can i go visit my boyfriend in jail after i had him arrested for DV?

    I called the police and they took him to jail. he says he thinks there is a no contact order but i dont know of one. what can happen if i go try and visit him in jail?

    Melanie’s Answer

    It is not uncommon for people in domestic violence situations to resume contact shortly thereafter. Problems arise when courts begin to make orders without the proper hearings and notice given to the parties. Hopefully, his attorney stood his ground and objection to the orders and demanded a proper hearing. If not, the order could still be challenged. If you do visit him in jail, do him a favor, do not discuss the facts of the incident or what you plan on testifying to at any future hearings. All jail conversations are recorded, saved and will be used against the accused and or his witnesses at trial.

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  • Can you plea bargain a wet reckless without a lawyer?

    Can you plea bargain a wet reckless with no lawyer? I was pulled over for tailgating and blew a 0.10 BAC. My roadside breath has not been disclosed. A blood test is pending, but I passed the field tests.

    Melanie’s Answer

    Well, I agree with many of my colleagues on this one. The 0.10% BAC may be quite defensible depending on many variables, including the time between drinking, driving, and the blow or blood draw, the maintenance and calibration of the machines recording the BAC, etc. Additionally, you mentioned nary a fact about the constitutionality of the stop, whether your were indeed driving, driving pattern not to mention field sobriety test performance. You are best served by consulting with a legal professional before pleading.

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