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Bart Kasperowicz
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Bart Kasperowicz’s Answers

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  • A warrant was issued for me failing to appear even though I hired an attorney. Bail was set at 35,000.

    It is for a third time misdemeanor DUI and I do not live in CA. Do I need to contact a bail bondsman ?

    Bart’s Answer

    Get hold of your lawyer because several things may have happened. Sometimes a client's name is spelled wrong in the system and there is a court date that no one could have predicted or seen coming. The timing of when you hired your lawyer is also important. If you signed a retainer and paid good money you should be fine. He/she has an obligation to put your case on calendar to quash the warrant and you can proceed from there.

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  • Prop 47 D.A Gets To Make There Own Felonys ?

    i just went to court for prop 47 and they turned all my felony cases into misdemeanors except one case And the public defender told me i would have one felony count and the rest like comercial burglary felony was under $400 So DA dropped i...

    Bart’s Answer

    It sounds like you are not sure whether or not you entered a "guilty" plea to a misdemeanor or a felony. Before pleading guilty, the DA has discretion to file charges as either if the law allows. But if you plead guilty to a misdemeanor in court, then nobody can change that charge to a felony after that.

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  • What are the best ways to document/log harassment and vandalism by ex?

    Within a span of 2 weeks my sisters car has been vandalized by her ex, no proof, but he's been using an anonymous online site (PINGER) to send harassing pic/texts. Text messages and a nude photo has been sent to people she knows claiming she is a...

    Bart’s Answer

    One other thing in addition to what the attorney's have already said...Contact the police against the ex as having made a false report (child abuse) to a government agency (CPS). Depending on the agency, they may have records of where the caller was calling from. At the very least, your sister is preparing herself from future acts by being proactive about the allegations and having a good idea where they came from.

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  • Got a 'rolling stop' ticket but am fighting it, if the officer doesn't show, is it automatically thrown out? i've heard that b4?

    got 'rolling stop' ticket, contesting it, if officer doesn't show on that day/time, i heard it's thrown out, is this true?

    Bart’s Answer

    Yes it's true. But some judges will wait a little bit just to make sure if the officer is running late. Chances are, if the officer knows it's an "iffy" ticket, they will notify the court beforehand and let them know he/she will not be coming in.

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  • How to ensure law enforcement has complied w/PC 851.6(d).

    How can one ensure that law enforcement has complied w/ PC 851.6(d) after a case has been rejected or dismissed by the D.A., where no accusatory pleading was filed?? They already are taking steps to ensure a certificate is issued pursuant to PC ...

    Bart’s Answer

    I agree with the two prior attorneys. I would do something in addition to that. Request the Live Scan result, absolutely. But also send a letter to the agency (address it to whoever was the officer that notified you of the 851) and as for a "status" with their compliance. When you get a response stating they have done their duty, retain that copy and keep for your records. You will use that confirmation letter to show that they have done their part just in case any DOJ records or other agencies didn't process it.

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  • What to expect in court?

    A few days ago I was pulled over for going through a bus stop area which you weren't supposed to drive on. I'm 16 with only a drivers permit, no license. I had over one oz. of marijuana with me. As soon as the cop came up to the window I was compl...

    Bart’s Answer

    The DUI is defendable because it looks like there wasn't any blood test administered. If there was, the amount of cannabinoids would be detected and measured and that would assist the prosecutor in proving you were "impaired". However, with only your word that you smoked 4-6 hours prior, there is going to be a much bigger challenge in showing your impairment. You will most likely need an attorney to fight this charge however. Suffering a conviction from it will hurt you in the long run so fight it if you can. The marijuana will be a fine-only offense. Driving without a license is also eligible for a reduction to an infraction (fine only offense) if you can play your cards right.

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  • Do I have a claim for civil rights violations

    Recently their was an incident in front of my residents . According to the police report was cald in as a stabing but apon arival their was no felony only a misdomemet citation . They forced my handicapd mother out of the house under duress (gun p...

    Bart’s Answer

    It looks like there are some missing points in your summary. Working with what you have here, however, you may have a disconnect between what the police report "says" and what actually happened. If there was any reason for you being a suspect or "party of interest" in the investigation of the stabbing near your house, then the actions of the officers to hold you at gunpoint becomes more complicated. No one would agree that the way your handicapped mother was treated was fair. But reading between the lines of what you wrote, it seems there may have been a stand off or some kind of high pressure situation where police were trying to get into her home. Again, if you were a suspect of any kind, chances are that the officers will claim that exigent circumstances were involved and that they had a right to enter without a warrant. Montebello has great officers, but just like any agency they can make mistakes or go overboard. From the sound of your post, the chaos that was involved seems to me there was much more going on. It is also unclear whether or not you were charged with a crime and for what. You stated that you were taken in at gunpoint and that they handcuffed you. But it is unclear how long you were in their custody or whether you have been arraigned. My advice is to post a more detailed question on this site so that more lawyer can give you a more detailed opinion. My best wishes to your mother. I hope she's doing alright and that everything will work out soon.

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  • When do the police have to give you your police report by?

    I was arrested for a DUI last night in Fort Collins and upon my release under bond from the jail they gave me neither a police report or what my BAC was at the time of my arrest (I opted for a blood test). I have been in contact with lawyers all d...

    Bart’s Answer

    The lawyers who have responded to your question are correct. I would like to add just another element to your inquiry. You may be asking yourself "Why am I not allowed to have the police report?". Every city and county have different policies. But one major similar across the board is that it is a criminal report (not like your average fender bender on the freeway). Many believe that because a car was involved, the police MUST give you the report. This is not the case. But as one of the attorneys above stated earlier, an experienced DUI lawyer will know what questions to ask you to get a good idea what is important in your case.

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  • Is it legal for a cop to show up to my house and do search because wife is on probation but does not live there .

    We have been maintaining seperate homes for 4 Months. She was not at residence.

    Bart’s Answer

    Yes, if the residence is still listed as her address with the probation department. She has to talk with her PO and update it.

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  • Is there case law on 120227.53 being unconstitutional

    Un confirmed which bullet from which gun caused gbi on victim. 2 suspects 2 guns only one gun retrieved .

    Bart’s Answer

    The gun enhancement section you are referring to applies when there is at least some evidence of "personal use". So if there were two guns, even though only one was retrieved, it stands to show that both suspects personally used their respective firearms.... how they used them differently or who was the one who actually hit the victim is another story when dealing with causation. The section has been upheld as constitutional. However, wrongful conviction based on insufficient verdict has been challenged many times. But that only happens after there has been a conviction.

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