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Shamoon Aziz Budhwani

Shamoon Budhwani’s Answers

142 total


  • Can I have my soon-to-be-ex pay for my lawyer since he has been the only provider?

    I'm finishing up my school, so I don't have any income. I've just been served and I don't know if I should even try to get a lawyer because I can't afford one. Any suggestion? Thank you.

    Shamoon’s Answer

    Yes FC 2030 allows this where there is a disparity in funds among other factors. Evens the playing field.

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  • I was charged with possession of Marijuana, I pled guilty I am 19, with a medical License, can I change My plea?

    I am 19 years old, I have had my medical marijuana license for over a year. When the citation was given to me, I did not have my document on my person. When I showed up for court, I pled guilty figuring that it would be a small fine for 100$ + co...

    Shamoon’s Answer

    Definitely need a motion to withdraw. It's difficult but not impossible. Which court are you at?

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  • Should I apply for the deferred action if I'm being charged with a misdemeanor?

    I was arrested on July 16 for possession of marijuana while driving and my court date isn't until 10/16/12. Should I apply for the defered action on August 15?

    Shamoon’s Answer

    I think most of attorneys that answered misunderstood what you meant by deferred? They thought you were speaking of the prosecutors deferred judgment program with crim court and not Obama immigration policy.

    You need to speak with an immigration attorney as this is not solely a criminal issue. Thus far specifics on the Obama program are slow to come out. What we know is that they will look at crim record. They have stated minor viol like driving with a suspended will not be held against an applicant. It's not clear whether a simple possession would be considered minor. It may. Prob worth a shot at applying. I wouldn't fear it as they have stated applications should not be forwarded to ice unless there is an outstanding warrant or the like. There is still a lot to learn from the govt as to specifics.

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  • Is it really easier to find a job after having my felony dismissed?

    I just had my commercial burglary charge dismissed and want to start looking for work.Is it true if the job application asks if i have been charged i can put no on there?So does dismissal mean that i was accused of it but never charged with the cr...

    Shamoon’s Answer

    • Selected as best answer

    For non governmental jobs you may state that you were not convicted of felony.

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  • Shoe injury

    Bought a brand new pair of shoes , first day i wear i walk about two to three blocks ,the back sole of the shoe rips the skin off the back of my ankle i and i fell and my hip got fracture were it makes a cracking noise what should i do?

    Shamoon’s Answer

    Merits of the case and damagges seem strong but costs in expert fees will be high in proving the shoe was in fact defective. I would be happy to provide a consult. 888-652-5529

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  • First time DUI in California with non-us license

    I'm charged with the DUI and not sure if I should find an attorney for my case or just plead guilty. Breathalizer showed .12 & .14 at the spot. I was not pulled over, but the police arrived when I hit pothole and had deflated tire with the rim dam...

    Shamoon’s Answer

    Your question is very similar to another posted very close in time. I suspect it's the same person. Regardless, facts are so identical I will give a very similar answer. I assume from your location in NB thatvyou case will be at Harbor.

    If so, here is the inside information on Harbor Justice Center Court. I am there regularly representing DUI clients and know the Judges and DAs well. You will likely be arraigned in Judge London's court room. The regular DA assigned there is Ms. Patel. Typically both will agree to a reduction of the standard offer as related to the length of the alcohol program in a straight forward traffic stop DUI case. However, your situation is a bit complicated since there was an accident. Glad there was no other person injured but an elevating factor could be property damage. Fortunately, Judge London can be forgiving on this issue if damage was not to severe. It is possible to get a decent offer in front of London from the outset under the care of a attorney familiar with him. Normally, in high BAC cases of .14/.15 plus his offer is worth considering. However, if you are in the lower end of the BAC barometer or have a good defense, and you may on account of your diabetes (false BAC), it may be worthwhile to set for pretrial. If so you will be sent down to Judge Massourian's court room (nice guy, new to the bench) where a pool off DAs will be waiting to wheel and deal. I generally have a good relationship with these folks and find them to be reasonable under the right circumstances. The key to getting the best result is having a good attorney who knows the players in that specific courthouse and what moves they like to make. With your high BAC you need someone who knows what defenses will work and when.

    If interested in a free consult call my office. We are three blocks from the courthouse off Von Karman and offer reasonable rates. Tell my receptionist that I asked you to call on Avvo so she will patch you right through, even on my cell so long as I am not in court. BTW, as you likely know the 10 days to request a DMV hearing is ticking so either higher an atty ASAP or call the DMV to request it right away. Finally, be advised that the DA office at Harbor has been running approx 4-6 weeks behind in actually charging people so the criminal side of your case likely wont start until a few weeks after the date stated on your citation (though you must still attend on that date or have an attorney do so just in case).

    Best of luck.

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  • Need DUI attorney in Newport Beach or Costa Mesa

    I have been arrested first time for DUI on May 19, 2012 by Costa Mesa PD. Scheduled in Harbour court on 29 June 2012. I was not pulled over but had an accident where only myself involved. Nobody injured. Breathalyzer resulted in .12 & .14 30 m...

    Shamoon’s Answer

    Here is the inside information on Harbor Justice Center. I am there regularly representing DUI clients and know the Judges and DAs well. You will likely be arraigned in Judge London's court room. The regular DA assigned there is Ms. Patel. Typically both will agree to a reduction of the standard offer as related to the length of the alcohol program in a straight forward traffic stop DUI case. However, your situation is a bit complicated since there was an accident. Glad there was no other person injured but an elevating factor could be property damage. Fortunately, Judge London can be forgiving on this issue if damage was not to severe. It is possible to get a decent offer in front of London from the outset under the care of a attorney familiar with him. Normally, in high BAC cases of .14/.15 plus his offer is worth considering. However, if you are in the lower end of the BAC barometer or have a good defense, and you may on account of your diabetes (false BAC), it may be worthwhile to set for pretrial. If so you will be sent down to Judge Massourian's court room (nice guy, new to the bench) where a pool off DAs will be waiting to wheel and deal. I generally have a good relationship with these folks and find them to be reasonable under the right circumstances. The key to getting the best result is having a good attorney who knows the players in that specific courthouse and what moves they like to make. With your high BAC you need someone who knows what defenses will work and when.

    If interested in a free consult call my office. We are three blocks from the courthouse off Von Karman and offer reasonable rates. Tell my receptionist that I asked you to call on Avvo so she will patch you right through, even on my cell so long as I am not in court. BTW, as you likely know the 10 days to request a DMV hearing is ticking so either higher an atty ASAP or call the DMV to request it right away. Finally, be advised that the DA office at Harbor has been running approx 4-6 weeks behind in actually charging people so the criminal side of your case likely wont start until a few weeks after the date stated on your citation (though you must still attend on that date or have an attorney do so just in case).

    Best of luck.

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  • Contributing to Deliquency of Minor

    In CA, if my 17 year old daughter has sex with 18 year old her boyfriend in my house, am I contributing to the delinquency of a minor?

    Shamoon’s Answer

    Not unless you facilitate them doing so. If you had no knowledge you are ok. The 18 year old may be prosecuted, though, it's unlikely.

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  • Can my attorney ask for house arrest or Alternative sentences to avoid jail?

    I violate my informal probation for driving without a license.12.500 i had a DUI a year ago. i am not a legal resident yet. Thats why i drive without a license. Never a ticket before, I went to clases nd pay the fines.

    Shamoon’s Answer

    Because your driving without a suspended stems from a DUI I expect the sentencing to be higher. Essentially, it shows you had knowledge of not having a drivers license. I don't have all of the facts of your charges but if my guess is correct you could be facing a 30 day minimum jail sentence. House arrest or even private jail is an option but you will need a good attorney to obtain it, still it's not guaranteed. Call me or any other criminal attorney. Most will represent you on a flat fee and some even on a per appearance fee. Good luck.

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  • I violated my informal probation for hit and run when i recently got a DUI. Is it guaranted that i will face jail time ?

    I violated my informal probation for hit and run when i recently got a DUI. Is it guaranted that i will face jail time ? or are there other options with the help of an attorney?

    Shamoon’s Answer

    You need an attorney for both. For the hit and run you may qualify for diversion or civil compromise. Probation violation is not good. A buddy of mine from law school practices out in SLO. Good lawyer. Message me if you would like his contact info.

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