James Brian Campbell's Answers

Can a criminal protective order be dropped?

When the protective order is issued by the judge, it must be changed by the judge. Generally these orders can prohibit direct or indirect contact. You should ask his attorney if the matter can be put on calendar to receive your request that the protective order to modified or cancelled. The alleged victim carries a lot of weight in these matters, however, I have seen cases where the judge and the District Attorney refused to honor victim requests for changes in orders where they believed...

Selected as best answer

Where do they hold people awaiting trial for a criminal case when they have an immigration hold?

Normally, the person is held in the County Jail where their charges are pending. The Sherrif normally runs the County Jail and can provide information on the loacation of prisoners. If he was arrested in this State on an out of State warrant, he has a right to a hearing before extradition. If the right to this hearing is given up, he can be picked up at any time by the State with the Warrant. You should first call the Sherrif and then possibly check the records of the Court to see where the...

Selected as best answer

Will I go to jail if I violate the terms of my DUI probation?

All the citations you indicated are infractions under California law and would not be grounds for violating your probation in the DUI case. It sounds like, if you have a license, you may be heading for revocation based upon excess points if you don't get some of these dismissed. If you were driving without a license or driving on a suspended license, you enter the misdemeanor category which could result in a violation of your probation. If you violate your probation, you could receive...

Selected as best answer

Traffic ticket not in the system?

You have met your obligation by appearing as promised and the clerk has provided you with proof. The case may have been lost in the shuffle or filed in the wrong court. Sometimes cases disappear and sometimes they show up. The statute of limitations for this type of case in California is one year, so it can be prosecuted within one year of the date of the offense. Depending on the circumstances, you may have a defense based upon speedy trial rights for delay that does not arise to one year....

Selected as best answer

How long can a hold be placed on a California driver's license?

If you never went to court, you have a failure to appear hold rather than a failure to pay hold. Failure to appear hold can generally be cleared up by appearing in Court. If you appeared in Court and were ordered to pay, you have a failure to pay hold which may require payment. You should try and get an attorney to lookup the case and try and get it cleared up. Unfortunately, there is no automatic clearing of the record, but it may be easier to resolve than you think. Often, the Courts...

4 people marked this answer as helpful

I am facing embezzlement charges and the DA offered work release. Can an Atty. lower charges from felony to a misdemeanor?

The District Attorney in the Fontana Court reviews the file and makes an offer at an early stage. When this offer is recieved by your attorney, he has an obligation to relay and explain the offer to you. You should not feel uneasy about your attorney talking to the District Attorney, that is his job. Obviously, you have numerous questions which could not be answered by anyone without a thorough review of the facts in the police reports as well as those in your possession which could only be...

1 lawyer agreed with this answer

1 person marked this answer as helpful

How do I know what crime I was charged with

You can go to the clerk's office and request to see the court file. The minutes of the clerk will indicate what happened. The complaint will identify the sections violated and usually contain language describing the offenses. You can look up the sections violated in Penal, Vehcile, or Health and Safety Code books for the language that pertains to the sections. You could also consult with an attorney.

1 lawyer agreed with this answer

I received a PC69 OBSTRUCT/RESIST EXEC OFF, what does that mean, and what am i facing exactly?

Penal Code Section 69 is a large grab bag that prohibits multiple acts involving resisting or deterring a peace officer in the performance of their dutis. It can be punished either as a felony or misdemeanor. The District Attorney will decide how and what to file. There is no way to tell what exactly you are facing until the final resolution of the case. Everything depends upon the exact circumstances. If you can afford an attorney, you should hire one, if you can't, you should seek the...

1 lawyer agreed with this answer

Hi all... I was recently pulled over and received a traffic ticket and I was cited for 14601.1(a) and 22101 d vc. Any advice?

Request the services of the public defender at arraignment. They will probably seek to continue the case until you can resolve the license issue. If you can at all avoid it, don't plea to the driving on a suspended. It carries two points, so it puts you in jeopardy of loosing your liicense again. These cases often resolve with an unlicensed driver charge when you get your license back.

1 person marked this answer as helpful

Can a defendant in a criminal prosecution file a motion to dismiss based on insufficient evidence?

There is no statutory provision for defendant to file a motion to dismiss in a criminal case, however, there is a history of these motions honored in California based upon the common law which is the collective body of law established in cases throughout the legal history of our courts.

1 person marked this answer as helpful