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Rosanne Faul

Rosanne Faul’s Answers

38 total

  • Arrested twice two weeks apart. Put on probation in one county one year later da filed charges on the other can i get prob on it

    Both charges are prescription fraud.

    Rosanne’s Answer

    Yes. A plea to a prescription fraud case does not exclude you from future probation grants. In addition, you may be able to argue that the District Attorney knew or should have known about the other arrest when making the probation offer to you. You were also placed on probation on one case after you were arrested for the other case, so the new filing will not violate the probation you are currently on.

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  • Can Michigan suspend my license 2 years after a dui conviction from nc after i have already taken care of all of nc

    Fines and requirements. Michigan never know about it. But im in the military and to get my base driving privileges back the military might tell Michigan. Nc kept my mi license for a year

    Rosanne’s Answer

    If this were a CA case, you would be able to keep your CA driver's license if NC had cleared your driving privileges in NC, but if you still were suspended in NC then CA would suspend your driving privilege in CA until you cleared the NC license. The best thing is to speak to a DUI lawyer in Michigan who understands the DMV laws in that state.

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  • How can I get my gun rights back? I was convicted of a class 6 undesignated dui felony but got it down to misdemeanor.

    I reside in California but was arrested in Arizona for aggravated dui and eventually got it down to a misdemeanor. I purchased a fire arm in 2008 with no problems and when I tried to purchase a firearm in 2012 i was denied and was told I had to ge...

    Rosanne’s Answer

    You should contact your attorney in Arizona. Either the codes have been incorrectly inputted by Arizona for the CA Department of Justice to prohibit you from owning a gun in CA or you pled to a felony in Arizona and do not realize it. The correction must come from the Arizona Court if that is the only case you have. However, until this occurs you cannot own, possess or be in control of any guns so make sure you do not have any guns or you may be charged with a new felony in California.

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  • Criminal back grounds say "outside" party report 7 years in Ca. My questions is, from the "Violation or Conviction" date?

    I have 2 dui, same county. one relatively fresh. the other has a violation of 03/05 making past 7 years so why would I report that knowing if an third party was reporting? Working it i know.....thanks for any help. I have since been to rehab and g...

    Rosanne’s Answer

    When you are looking for a job you must report everything on your record or you will not get the job simply because they will believe you are not telling the truth. DUIs do not count as priors after ten years have passed, but they still count as convictions for employment purposes. When you are off probation on both cases, you should try and have the DUIs expunged from your record. You should contact a lawyer or the court when you are off probation in order to file the necessary paperwork. This may help with your job search.

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  • Can I get a restricted license for a first time DUI after my 30 day suspension but before my case is closed and still pending?

    I was told to get a "civil referral." Would this be a route in obtaining a restricted license?

    Rosanne’s Answer

    Yes. In order to obtain a restricted dl for work purposes you must enroll in the DUI class, obtain an SR22 from your insurance agent and go to the DMV on the 31st day of the suspension period to pay a reissuance fee.

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  • Was arrested for DUI in Nov of 2010. Lost first hearing. DUI criminal case was rejected by the DA. DS 702 form was signed.

    The form was signed stating the reason charges were not filed. Second hearing granted. Was represented by an attorney. Lost second hearing. What are my chances of winning a deparental review? This is my second DUI.

    Rosanne’s Answer

    The only thing you have to lose by filing a departmental review is the fee. The departmental review also prolongs the writ filing period if you decide to go that route. Unfortunately, you are looking at a one-year suspension period so if the DA decided to dismiss the case, it may be worth fighting the DMV decision.

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  • Can I move to a different state on an informal probation

    I already served 60 days in county jail and now I'm on a 3 year informal probation for a criminal misdemeanor

    Rosanne’s Answer

    As long as you give the Clerk your new address and do not have any other terms of probation that you must do in CA, you may move. However, if you have a CA class or community service or any other term, the court must grant you permission to do those in another state. If you owe a fine, you may send that in from anywhere.

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  • Is it possible to stil get my charge reduced?

    About 7 years back, I was arrested for drug posession and charged with a few things, and recieved 6 months in jail. I was given the option to enter rehab, doing so would reduce my charges from a felony to a misdemeanor, and also get me out of the ...

    Rosanne’s Answer

    You have asked a couple of questions: 1) The domestic violence charge may or may not be dismissed depending on the final disposition of that case. You may qualify for a Motion to Vacate, but I would need more information about the final disposition of that matter. 2) You may qualify for a reduction and an expungement on the drug case depending on the terms of probation. Both these require the services of a qualified attorney to research your cases, obtain declarations and file motions.

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  • I was arrested for possession of controlled substance & the court ordered drug diversion program PC1000 & i enrolled at wrong

    location then the one assigned & was arrested again at my house cops said they had a warrant for non compliance.what happens to me now? I have another court date in about a month.

    Rosanne’s Answer

    If you are enrolled in the correct program and have been attending the classes as required, you should not have a problem when you go to court. The court will simply change the location. The warrant was issued, because the location you were assigned to never heard from you so they believed you were not in compliance. Bring your enrollment and progress report from the class to the next court date.

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  • When can I get my California license back?

    On June 7, 2010 I was pulled over by an officer and given an infraction for being under 21 and driving with .03 alcohol in my system (the term DUI was never given) I am getting near my "year suspension" and am wondering how and when I can get my l...

    Rosanne’s Answer

    You may be eligible to obtain your driver's license 13-months from your arrest, because your driver's license wasn't suspended during the month when you had the pink paper 30-day license, but you should go to the DMV to see if you have any other requirements.

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