Bart Kasperowicz’s Answers

Bart Kasperowicz

Newport Beach Criminal Defense Attorney.

Contributor Level 9
  1. Arrested for 148, DA rejected case

    Answered about 1 year ago.

    1. Bart Kasperowicz
    2. Stephen Troy Allen
    3. Joshua Kaizuka
    4. Michael Kevin Cernyar
    5. Anthony David Scott
    6. ···
    8 lawyer answers

    You should consult an attorney that handles both criminal and civil rights cases. Firms like mine and those of the other attorneys who are listed on AVVO and my colleagues who will answer your question can evaluate your facts more in depth in a face to face setting. But the short answers to your questions are: the DA office can still file charges against you months later and the police report can be obtained in a number of ways (mostly through the lawyer that will represent you).

    22 lawyers agreed with this answer

  2. What is a job of a public defender?

    Answered about 1 year ago.

    1. Sharon Paris Babakhan
    2. Anthony Michael Solis
    3. Bart Kasperowicz
    4. Kelly Katherine Sprissler
    5. Joseph Salvatore Farina
    6. ···
    6 lawyer answers

    It comes down to numbers. Public defenders handle the vast majority of criminal cases. Having that said, it's a matter of sheer numbers that public defenders get high exposure deals because many defendants fall into the category that cannot qualify for good deals. I have seen clients hire private attorneys and get better deals than when the case first started... but i have also seen private attorneys mess things up and ruin what was already a great offer for the client. Bottom line is what...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. I caught a 10851 case while on probation what will happen?

    Answered about 1 year ago.

    1. Bart Kasperowicz
    2. Michael Moshe Levin
    3. Dan Eugene Chambers
    4. Maria Cavalluzzi
    4 lawyer answers

    In some courts, the district attorney office (working along side the probation department) will file a probation violation in lieu of a new case. This of course depends on the circumstances of the 10851. More jail time can then be tacked onto the original case, or community service depending upon what the first probation case punishment was.

    Selected as best answer

  4. What steps can we take if a family member was a victim of police brutality?

    Answered about 1 year ago.

    1. Bart Kasperowicz
    2. Malosack Berjis
    3. David Lee Fiol
    4. Mary Frances Prevost
    4 lawyer answers

    Speak with a civil rights attorney immediately who understands and handles police related cases, especially in the criminal context. Also take pictures and get him to a doctor to document the injuries.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. I need a lawyer for a criminal case. I live in California but my case is in Texas. How can I seek help?

    Answered about 1 year ago.

    1. Bart Kasperowicz
    2. Christina Jonae Oleson
    3. Michael Moshe Levin
    4. Brian K Wanerman
    4 lawyer answers

    Find out what courthouse the case is in and contact a local attorney nearby. Dont be afraid to talk to a few of them on the phone.

    6 lawyers agreed with this answer

  6. If I was arrested and released without charges almost a year ago,can I still be charged?

    Answered about 1 year ago.

    1. Bart Kasperowicz
    2. Anthony Michael Solis
    3. Maria Cavalluzzi
    4. Dan Eugene Chambers
    4 lawyer answers

    Best course of action is to consult with a criminal lawyer to look into the details of the case and even inquire with the department or the DA's office. The general rule for misdemeanors is about a year, felonies can be filed longer than that. But every case is different which is why its best to have an attorney go over the complexities.

    5 lawyers agreed with this answer

  7. How does someone get a state appointed attorney instead of a public defender?

    Answered about 1 year ago.

    1. Bart Kasperowicz
    2. Anthony Michael Solis
    3. Michael Kevin Cernyar
    4. Lisa Henderson Mattern
    4 lawyer answers

    A state appointed attorney is a public defender. What you may be thinking of is either a conflict panel lawyer (who would be appointed only of there was a conflict of interest with the public defenders office and the client, or a private panel attorney that handles court appointed cases... which will still charge but at a reduced rate. So ask the judge/court for a list of private panel attorneys in the area for consultation. Keep in mind however that depending on the case, you may still...

    5 lawyers agreed with this answer

  8. Do police have a right to search you or pat you down for no reason?

    Answered about 1 year ago.

    1. Bart Kasperowicz
    2. Jeremy C Wen
    3. Michael Moshe Levin
    4. Dan Eugene Chambers
    5. Dean George Tsourakis
    5 lawyer answers

    What you are talking about is sometimes called a consensual encounter. Its a slippery slope. But the way in which you describe this encounter does not sound consensual. I suggest you get a detailed evaluation by an attorney. I find your situation very interesting.

    5 lawyers agreed with this answer

  9. Can two people be charged two separate things for the same bag of evidence? Even if one is admitting its theirs?

    Answered about 1 year ago.

    1. Bart Kasperowicz
    2. Jeffrey Dean Schwartz
    3. David Matthew Piper
    3 lawyer answers

    Yes. Its called "constructive possession", and the fact that one Person admits to it, means that it helps the other person at trial. But that fact is not conclusive on it's own and sufficient for dismissal for the other person. Long story short, the one who does not admit to it has an argument for trial.

    5 lawyers agreed with this answer

  10. What can I judge sent ice me with. 1st misdemeanor / vandalism .also have a secound for the same offense.

    Answered about 1 year ago.

    1. Anthony Michael Solis
    2. Bart Kasperowicz
    3. James Brian Campbell
    4. Dan Eugene Chambers
    4 lawyer answers

    Vandalism convictions will have an effect on your driver's license. I suggest you consult with an attorney because having two citations so close together will give the court a reason to treat you seriously.

    5 lawyers agreed with this answer