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Matthew Murillo
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Matthew Murillo’s Answers

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  • Did I get ripped off?

    I payed 250 dollars for bail bond for a 500 dollars bail. Did I get ripped off?

    Matthew’s Answer

    I don't know what charges only carry a $500 bail, other than traffic infractions.

    Something doesn't sound right. Why would you pay 50% bail? Especially when it's that low. Just pay the whole amount so can get it back once the matter is resolved.

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  • My name is Ana, my question is, not being a u.s citizen can I be deported for doing jail time instead of community service?

    Last year I got involved in an incident that lead to me being charged with a DUI, I am under the dreamers act law, but about 2 months ago I received a 2nd charge for driving with a suspended license as i was making my way home from work, which I d...

    Matthew’s Answer

    Simply doing jail won't get you deported, depending on how much. However, the DUI will disqualify you from dream act renewal as it is considered a significant misdemeanor. Also, having 2 suspended license conviction on top of the DUI will have an impact on any future immigration relief you MIGHT be eligible for.

    Jail time won't lead to deportation. But while you are in jail, if ICE is still doing jail sweeps, that could trigger the start of removal proceedings once you are released. Don't just take the conviction. Try to get the charges dismissed or reduced. That will help you in the long run.

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  • How do I drop charges against someone?

    I pressed charges against someone for battery and for a pc 591.5 (unlawfully removing the use of wireless communication device to prevent me from calling 911), and I want to drop charges but I am not sure how.

    Matthew’s Answer

    You can't since you didn't "press charges". You file reports. Police forward reports to the DA. The DA decided whether to file/"press" charges. Once that report goes to the DA, it's out of your hands.

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  • My friends daughter was arrested for a felony dui on a golf cart but she wes never arraigned. The dmv case was set aside

    Two days before the one year date she was charged with a misdemeanor dui. She rehired her attorney to handle this case. She wants to plea it down to a drunk in public as no witnesses saw her drive the cart at 2 am on a culdisac street. Obviously t...

    Matthew’s Answer

    Why is this a felony? Was the prior a felony?

    Unfortunately, in negotiation, both sides have to agree. She can't just say she will plead guilty to drunk in public if the da won't accept it. Whether or not to accept a deal can only be determine by her after careful discussion with her attorney.

    I don't know who the attorney is and obviously know nothing about the case, but $10k seems pretty high for a misdemeanor DUI - especially if it was a re-hire (assuming no refunds were issued - in whole or in part) from the initial hire for this charge). If you paid that much, there must have been some level of trust.

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  • My Miranda rights were violated

    I was driving down 80 and I got pulled over for having a broken tail light. I was meaning to get this fixed but that's neither here nor there. The officer saw a baggie of meth and a pipe I used to smoke it with on the seat next to me and he asked ...

    Matthew’s Answer

    You misunderstand Miranda rights. They don't apply unless you are being questioned and in custody. Being detained for investigation has not yet been considered as being in custody so Miranda wouldn't apply yet. Further, even if it did, it doesn't get a case dismissed. It only gets statements suppressed.

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  • Is there an instance where it's legal for a 17 year old to be intimate with an 18 year old?

    I'm 16 and my girlfriend is 17. She'll turn 18 in February and I'll turn 17 a month later. Will it be legal for us to have intercourse after her birthday? (she lives in Tennessee and I live in California by the way)

    Matthew’s Answer

    The law is neutral on gender. So the fact that she is 18 makes no difference as you are still under age, so she would be the one potential facing statutory rape charges.

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  • Can a person be arrested for not completing their community service hours?

    I've been really depressed and have been suffering from anxiety so every time I make an attempt to go back, the depression and anxiety in conjunction consumes me (especially the anxiety). I have until Jan. of 2016 to complete it, but I don't even ...

    Matthew’s Answer

    I get the anxiety, but it's simple. Do the work release or go to jail. If you fail to complete the work release/community service in time, and the judge doesn't grant any extensions, they can simply take you into custody and make you do the time in jail.

    If you just continue to fail to appear and the deadline comes, an arrest warrant will be issued for you.

    Suck it up. If necessary, go see a doctor and get some anxiety medication if it will help you get through it. It will be much worse if you end up going to jail.

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  • HOW MUCH TIME AM I LOOKING AT FOR EVADING A DUI CHECK POINT, 3RD TIME CAUGHT DRIVING ON A SUSPENDED LICENSE, PLUS A F.T.A

    In 2001 I got 2 DUI'S back to back. Judge was mad he gave me 45 days. Since then i never fixed my SUSPENDED LICENSE. In 2011, I got my first DRIVING ON A SUSPENDED LICENCE. A month later I got one more . Judge was mad gave me 5 days. This year i...

    Matthew’s Answer

    It is not unlawful to avoid a checkpoint, so that won't enhance punishment. That's the good news. Bad news is that a 3d DUI carries a minimum of 120 days custody. It's not necessarily going to be in jail, but most of the time, judges will require at least a portion of it to be done in jail.

    all that said, if the last DUIs occurred in 2001, you probably will go in with a "clean" slate and will be treated as a first time offender as far the DUIs go. The suspended license charges carry their own minimum sentence as well though.

    You'd be wise to speak to an attorney in person and discuss your case from there.

    Finally, start getting help. Start attending AA meetings, take care of your resppnsibilities and get your license. There is no excuse for waiting for so long.

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  • Wouldn't the attorney who wrote my parents trust have a copy of said trust. Doesn't a copy have to be filed somewhere?

    I was originally successor trustee, my sister went behind my back and tricked my parents into making her trustee. When my dad went to get his strong box with all his paperwork it was gone and my sister had taken it and told my dad if he wanted a c...

    Matthew’s Answer

    While it is generally good practice to keep a copy of the trust? An attorney is not required to do so. I'm sorry to hear about the unfortunate circumstances you find yourselves in.

    A trust also does not need to be filed with anyone. That is one of the benefits of creating it - privacy.

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