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Rosanne Faul

Rosanne Faul’s Answers

38 total

  • Everytime my son goes through immagration the people say he always has something on his record. Last week it was a DUI

    What can we do and where do we start he has never had a DUI

    Rosanne’s Answer

    Next time he goes through immigration find out where the charge is out of including court house, county and state. You, or an attorney, will then need to contact that courthouse to find out if someone used your son's information or if the true person's identifying information was inputted into the system incorrectly. Regardless, you will need to see a Judge to correct the problem. If it is only a DMV error, you will need to go to the dmv to correct it.

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  • Dismissed misdemeanor

    I was NEVER arrested, but had a misdemeanor charge that showed on my background check as pending.my attorney told me all charges will be dismissed because it was more than a year ago. I went to court and they were all dismissed. i was never arrest...

    Rosanne’s Answer

    You were not "convicted" of the charge if you never pled guilty to the charge or went to trial on the charge and were convicted by a jury. You may have been technically "arrested" without knowing it if you were detained by police and given a citation. This may constitute and show as an arrest on your record. The charges were "pending" against you from the time they were filed with the court until they were dismissed.

    It sounds like you were never notified of the charges or had knowledge they were pending until the background check was done. Since a year had gone by and you had no knowledge of the charge, the case would be dismissed by the Judge, because of the lack of prosecution by the DA. In other words, they filed a misdemeanor against you, but never brought you to Court within a year period of time. Congrats on the dismissal!

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  • What is the difference between Penal Code 484 and Penal Code 488?

    I have seen this penal code together alot (Penal Code 484/488), so what is the difference? 484 is define as "theft" and 488 is define as "petty theft" but is one more serious than the other? Which one is consider as an infraction?

    Rosanne’s Answer

    Penal Code section 484 is the general theft heading. There are many degrees and specific theft sections of the Penal Code which are under this general heading of PC 484. Petty theft, Penal Code section 488, is one of the lesser degrees of theft. PC 488 may be charged as either a misdemeanor or an infraction.

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  • If there is no evidence, can i be charged with a crime, if i am out of balance $5000.00 while working at a banking institution?

    As a senior teller employed for over seven years i was surprise audited by my branch supervisor. After the audit i was missing five thousand dollars. A member of corporate security interviewed me yesterday a told me that the authorities are going...

    Rosanne’s Answer

    You have the right to remain silent at all stages of the proceedings. Regardless, of what you have previously said, DO NOT make any more statements. Most accused individuals do not help themselves by talking to the authorities. It is an unfair playing field, because the police are allowed to lie in order to obtain a statement from you, and you do not know what real evidence/information they really have. Consult an attorney immediately with all the facts that you know.

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  • DUI in CA but student in CO.

    I got a DUI in CA and they suspended my CA DL. Court allowed me to take my DUI classes in Colorado but I heard that CA DMV will not release the suspension on my CA DL. I did some research and they said that the DMV does not recognize any DUI class...

    Rosanne’s Answer

    Once the term of your CA suspension expires, you may complete the "Application for Termination of Action" CA DMV Form. Send it to the DMV by certified mail (as they sometimes do not receive mail) with all the required documents proving that you are an out-of-state resident and have insurance out-of-state. CA DMV will then lift the suspension in CA. When visiting CA you may drive in CA with your out-of-state license.

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  • HELP PLEASE

    I RECEIVED A LETTER WITH A CASE NUMBER AND LOOKED IT UP TO FIND MY BOYFRIEND BEING CHARGED WITH D.V HE NEVER RECEINVED NETHING IN THE MAIL WAS NEVER ARRESTED AND DIDNT EVEN KNOW NOTHING ABOUT THE CASE UNTIL 2 DAYS AGO. WHAT WOULD BE OUR NEXT STEP ...

    Rosanne’s Answer

    If your boyfriend received a letter in the mail it probably means that there is a court date set in the future or there is a warrant for his arrest. Either way he needs to hire an attorney to fight the dv charge and to go to court with him. The District Attorney has the right to file charges against him for dv even if you do not want to press charges against him. You will need an attorney to negotiate the case, present his side and your side of the situation. If your boyfriend is innocent of these charges, he does not want to go into court and just plead guilty. If he does, he will, at the very least, face jail time, community service, a one-year class, probation and a criminal record.

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  • What could happen for violating informal probation and now being charged with dui and posseion for sales of meth

    got pulled over for traffic violation and arrested for dui and possesion for sale of meth 4.8g which the meth was found in motel room registerd to me currently on informal probation

    Rosanne’s Answer

    Based on the information you provided, there are a few issues that are worth exploring with an experienced attorney: 1. Do they have a valid DUI arrest (in other words did they follow proper procedures and can they prove that you were under the influence for driving purposes of a drug or alcohol, or were you at a blood alcohol level of .08 or greater); 2. Did you give up your right to search and seizure when you agreed to be placed on informal probation, and if not, how did they get from your vehicle to the motel room; 3. Although the room was registered in your name were any other parties present who would have control of the meth in order to deny your own personal knowledge; 4. Were any incriminating statements made, and if so, were you advised of your rights; and 5. If you are on probation for a previous DUI you may face increased penalties, but the sales charge is a felony and carries higher penalties than the probation violation or the misdemeanor DUI.

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