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Jeffrey George Moore

Jeffrey Moore’s Answers

779 total

  • Will he serve time if any? What does NF mean?

    My ex husband was previously charged with INFLIC CORP INJ SPSE/COH in 2013, received 3 years probation and anger management classes. He never completedid any of them, however was arrested again in 2014 for control substance and DUI, fast forward t...

    Jeffrey’s Answer

    That's not a rap sheet. You're just cutting and pasting from a jail record from the Riverside County Sheriff's jimspub site. It has no legal significance.

    NF in that database means "not filed", but that doesn't necessarily mean what you'd think it means.

    Who knows if he'll serve time? There's no way to predict the future on this site or (spoiler alert) any other.

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  • How was I supposed to know I had to be in court? Is it mandatory for DA to notify the accused of a court date ?

    I was,arrested for shoplifting at kohls in August by loss &prevention. It was my first offense ever so no record whatsoever. They let me go after getting my info, their property, which was some broken clearance costume jewelry. They didn't give m...

    Jeffrey’s Answer

    No one is required to tell you of a court date. If a case is filed without your knowledge, the prosecution ask the court to issue a warrant for your arrest to bring you before the court to answer the charges. It is common for a letter to be mailed to give you notice of the case as a courtesy, but it is not mandatory. It's not uncommon for such letters to get sent to an old address or mistaken for junk mail, so the letter may actually have been sent out in your case. Hard to say.

    You don't provide enough information to let us determine if miranda warnings were necessary or otherwise relevant to your defense.

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  • Can I have sex with my girlfriend under these circumstances if I'm 18 and she's 16?

    I am currently 17 years old, my girlfriend turned 16 in November of 2015. I am going to be turning 18 in July and me and my girlfriend want to have sex for the first time. My girlfriend's parents have talked with her telling her that they would gi...

    Jeffrey’s Answer

    Yes. It's statutory rape in violation of 261.5PC whether or not you're 18. Vaginal sex with a minor is a crime in the circumstance you describe.

    Fun fact: thanks to the California legislature (and now the Supreme Court), oral sex, anal sex, and digital penetration involving your minor girlfriend isn't just a crime, but conviction for those acts wins you admission into the Sex Offender Registry!

    So, don't do it. If you do decide to do it (don't), please no foreplay.

    Also, her parents could be potentially subject to prosecution for contributing to the delinquency of a minor or even, more disturbingly, conspiracy to commit unlawful sex acts against they're daughter.

    Now if you marry the girl, all of this is legal as of your wedding night. Food for thought...

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  • Could an attorney appeal to dismiss it because of the length of time ?

    I am being accused of perjury they say occured in 10-1-2014 and the papers were filed almost a year after.

    Jeffrey’s Answer

    That's well within the Statute of Limitation for any felony prosecution in California. A motion to dismiss due to the passage of time would need to show that your defense has suffered actual prejudice due to the delay in order to have any hope. Even then, chances of securing a dismissal are minimal at best barring extremely unusual circumstances.

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  • What do I do?

    I was caught trying to shoplift a $36 item at Khols. I was taken to the back and got my information and my social which I think they shouldnt have done. I gave the product back no damages no fighting, i willingly gave it to them,they told me tha...

    Jeffrey’s Answer

    You posted this same question 15 minutes ago. What can you do? Perhaps be patient rather than wasting the time of the very people you're trying to solicit advice from. Or perhaps focus on omitting irrelevant information (a private party got my social security number, for example) and paring your question down to the essentials (I shoplifted from a retailer and they sent me a civil demand letter). Or perhaps searching this site for relevant information and reviewing the literally hundreds of answers to this question that have previously been posted.

    Since you can't be bothered to do these things, let me help:

    They can ask for your social. You're an adult, you can choose to give it to them or not. You made your choice. Live with it.

    Congrats on not fighting with them when they caught you stealing their merchandise. Had you fought with them you'd be posting a question along the lines of, "I shoplifted from Kohls and now I'm charged with Robbery and the DA wants to send me to prison for two years. What do I do?" Your non-violent resolution does not change the fact that you stole, and is not relevant to the question you've posed. But it is worth pointing out that you could've turned an inconvenient and embarrassing situation into a life-changing and life-defining moment. You seem to have dodged a bullet. Good on you.

    You can ignore the letter if you choose. They have the right to demand the money pursuant to 490.5 of the Cal Penal Code (the same section that makes it a crime for you to steal their stuff). You can choose to ignore it. They can then sue you for that amount of money (or more), but it's highly unlikely that they will.

    Good luck.

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  • How does the three strikes law work?

    My brother was arrested on two felony charges of threats which didn't even happen back in August and they kept pushing his date for his trial for next month and then a few days ago he was arrested and charged with a charge for injury on spouse an...

    Jeffrey’s Answer

    Well, your question is a bit vague and lacking in important information. But it sounds like the three strikes law is not amongst your brother's many problems at this point.

    A "strike" is a prior conviction for a serious or violent felony. "Prior conviction" is pretty self-explanatory. A conviction suffered prior to the new crime. Since it sounds like his theirs case is still pending adjudication, it would not count as a prior conviction. Assuming your facts are correct, of course.

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  • Can a joke be prosecuted as a felony assault with a deadly weapon?

    My sister said her boyfriend half heartedly held a camping knife up to her throat in a joking manner them quickly put it away. She got startled, a neighbor called 911. She told police she wasn't scared and knew it was a joke but they charged him w...

    Jeffrey’s Answer

    Yes. It can be prosecuted. He may well have a defense to the charge, but a jury will be there to assess the reasonableness of his claim in light of all the evidence.

    I like the "he has priors" tag line. It sounds ominous, but you cleverly omit what his priors are, which heightens the suspense. In reality, those priors could essentially gut his defense. Or not.

    I'd say he needs a consult with a qualified criminal defense attorney, assuming he has funds to pay for his defense. Sounds like a serious situation for him.

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  • Sentenced on 12/11/2015. His sentence was 2yr in state prison. He received a total of 382 days time served. Why is he not out?

    I'm inquiring for a friend

    Jeffrey’s Answer

    Um? Why would he be out, exactly?

    He was sentenced to 2yrs. That's 730ish days of credit to earn before release.

    CDC and statute determine how his credits are calculated, but he won't be released with 382 days of total credit, because he's 250 days of credit short of his sentenced time.

    How much time he'll actually serve can't be determined by the facts given.

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  • Should I hire Private Counsel or stick with a PD?

    So on New Years Eve I was stopped outside a rave by an undercover for drinking a beer on the street. He pulled me to a side, asked if I had anything on me and if could search me. I said no to both and he told me I was under arrest for the the open...

    Jeffrey’s Answer

    There's no answer to this question. If you want to hire a lawyer, do it. If you don't, don't. A PD is capable of litigating the issues in your case just the same as a private attorney. The question is really: "Am I comfortable with the PD assigned to me?", assuming that you're even eligible for a PD. keep in mind that PDs provide defense to the indigent. You don't present yourself as an indigent individual, but I suppose there's no harm in presenting yourself to a judge and asking him/her to declare you indigent and appointing the PDs office.

    And your question presents a further false dichotomy. You present a fact pattern in which you are guilty of the crime charged, assuming the pills were a controlled substance listed in 11377H/S. You seem to be asking if you should challenge the legality of the stop and/or search. You are allowed to do that and still take PC1000 diversion, so long so long as you are deemed eligible for diversion. (With 5 pills, the DA could conceivably take the position that you were intending to sell or distribute, although how solid that position is would be determined by the totality of the circumstances, and could only be challenged on appeal...). You cannot take diversion after conviction at trial, but you do not present a triable case, really.

    So, find a lawyer that you trust to assess and litigate your case, whether public or private. Consider litigating the search. But if the search stands, PC1000 is likely to be your best bet.

    And PC1000 is available statewide. You are not on probation, so supervision isn't really an issue.

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  • What does 'Not Guilty' and 'Dismissed' mean?

    I was charged with petty theft in 2013. My lawyer got it dropped from a misdemeanor to an infraction for theft of retail merchandise which I was convicted of. I filed for a petition for dismissal (1203.4a). It got approved in 2015. My record now s...

    Jeffrey’s Answer

    Hold on now. You really need to discuss your situation with your attorney or (second choice) an attorney that can take a look at the court's records in this case.

    In most situations an infraction is not considered a criminal conviction. If you read the questions posed on job applications, I think you will find that they typically refer to convictions for misdemeanor or felony charges, not infractions. As each application is different, your reporting obligations may change for each job that you are applying for.

    Furthermore, an expungement per 1203.4a and/or 1203.4 will have an impact as well. You should read those sections yourself as well as discussing your situation with your attorney. After the expungement is granted and forwarded to the Department of Justice, in theory a background check through the DOJ will not include information about the arrest, prosecution, or conviction when done at the request of private employers (think IBM, In'n'Out, etc. vs. public employers like a state or county agency). What is included on background checks completed through private background firms is less clear. There's no guarantee that the case won't appear, as its existence remains public record. However, you may be legally able to deny that the arrest and prosecution occurred. How you deal with this contradiction is more or less up to you, and something that should (again) be discussed with your attorney.

    If you want to know what shows up on your record, follow the steps on the California Department of Justice website and request a copy of your criminal history. Look on the Superior Court website for the jurisdiction where your were prosecuted and see if the case is still visible. Do a google search and see if information about the case comes up. Pay for a private background search and see what they come up with.

    You don't say what opportunities you lost out on, so we can't comment on whether or not your situation has improved. If you're applying to be a peace officer or an NSA analyst, probably not. If you're pursuing a contractor's license, probably yes.

    Short answer: call your lawyer. If you can't do that, call another lawyer directly. Anonymous internet stuff isn't going to give you specific answers.

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