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Samuel R Walker

Samuel Walker’s Answers

143 total


  • Want forms do i use to ask the judge for personal property in a divorce case?

    We are legal separated and she has physical possession of the home and all of the communal property. I only want a few personal affects such as car parts and clothes. Thats it

    Samuel’s Answer

    That may depend on what stage you are at in the case, has either party filed the Preliminary Declaration's of Disclosure? Also, may depend on whether the other party is going to oppose your request. Since there is a no contact order you need to file your documents with the court to ask for the items that you want.

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  • Am I off probation for the DUI I got in January 2011, even tho I didn't attend any of the DUI classes?

    I got a second DUI on January 14 2011(first one I was 17yrs old), I had a BAC of 1.6 on scene but I was booked at the jail with a BAC of 2.0 and I never have had my permit/licence. I was sentenced as a first offense DUI, so I got my licence suspen...

    Samuel’s Answer

    As the other attorney's have explained you have two problems, 1) You violated your probation on the first DUI and can get additional time or fines or other added terms if the judge allows your violation to be dismissed. You need to fulfill the terms of probation on the first DUI to get that case over with and proceed with the new DUI. 2) Your new DUI may have increased penalties because you have a first DUI and you were technically still on probation for the first DUI when you got charged with the second. You need a attorney to represent you to read over your terms and condition of the first probation and possibly negotiate with the DA to get your violation dismissed along with a plea on the new DUI.

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  • What can my mom do concerning false documents submitted on her behave?

    Divorce documents were submitted by my father and another person impersonated my mom. They filed a divorce and received divorce documents stating that my dad gives up custody of my brother. It further claims that my mother no longer wants child ...

    Samuel’s Answer

    You should contact a lawyer immediately, you have an action for fraud in family court and may have a civil lawsuit wherein you sue for damages. Do you know who the person was that signed your name?

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  • 2 people in possesion....1 person admits everything is his

    how does a case where 2 people are charged and one person takes the rap for everything usually play out....how strong is the case for the other persons defense,,,plan on getting lawyer....if anyone replys thinks they got a good chance gettin me a ...

    Samuel’s Answer

    As indicated by all the attorney's answering your question it depends on if there is any evidence that can be used against you ie...even if the other person confessed the DA will/may still prosecute if there is any facts to suggest that you also participated. Additionally, the other witness may have made statements that could implicate you in a crime. You need to speak with an attorney to determine your best course of action. The facts that you provided are to general to provide specific advice to your situation.

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  • What happens in the arraignment day?

    My insurance fraud felony case has been dismissed and the DA stated that they will file it again, I just saw online that I have an arraignment date and I'm not really sure what is that and what will happen on this date. Please explain

    Samuel’s Answer

    You must show up to the arraignment to enter your plea. You would benefit from calling an attorney to discuss your situation as your case was dismissed once and it may be possible to get a reduced sentence in exchange for a plea to a lesser crime.

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  • DRUG CHARGES OF POSSESSION TRANSPORTATION AND DISTRIBUTION BETTER TO TAKE PLEA OF 6 MONTHS OR TRIAL TO LOWER TO POSSESSION?

    FIRST TIME OFFENSE WITH DRUGS HAVE MULTIPLE DUI CHARGES AND AM IN PROBATION VIOLATION DA WANTS ME TO PLEA GUILTY TO ALL CHARGES AND JUDGE OFFERED 6 MONTH JAIL TIME TO AVOID GOING TO TRIAL BUT WILL HAVE THIS ON MY RECORD WHAT ARE POSSIBILITIES OF W...

    Samuel’s Answer

    The six months you were offered by the judge will likely be the lightest sentence you could expect and if you are found guilty at trial the sentence may be significantly more. You should ask your PD what is your exposure if you are found guilty. That will help you make your decision about whether to roll the dice and go through with a trial.

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  • What Can I do to End the Divorce Process ASAP?

    I filed a divorce and my spouse has filed a response. I made my spouse a settlement offer but have not heard from my spouse regarding the settlement. It is my belief that my spouse is trying to prolong the process hoping that I would change my min...

    Samuel’s Answer

    If a response was filed by the opposing party then you will need to go to a hearing to set your case for a settlement conference and or trial. You will be required to fully disclose all of your assets and debts prior to the court making an order with or without trial. As such you should seek legal help to give you advice on the process for a contested divorce.

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  • Remarried before divorce waiting period

    Divorce was uncontested and granted. Waiting period ending on April 2014 but I remarried Jan 2014. Is my marriage valid? If not, how can I fix this ASAP? I'm in LA County.

    Samuel’s Answer

    You cannot remarry in CA until after your first marriage has ended as indicated on your Judgment. It is a crime to remarry while not yet divorced and you should consult privately an attorney to discuss your options.

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  • California Divorce: Marital Settlement Agreement vs. Stipulated Judgment

    I am wondering what the difference is between these two documents, and how to use them in my situation: We had a Marital Settlement Agreement fully signed and notarized last year. At that time, the plan was for it to be a "Default Case Wi...

    Samuel’s Answer

    You should revise your stipulated order to include all the terms that both of you want included. If you are truly a no contest divorce you just need to call and have an attorney draft the documents for you. That should be less expensive than a contested divorce. Feel free to call for a consultation.

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