It was a misunderstanding i got mad and called the cops and said he hit me but all he did was pull me off the door so he can leave he didn't lay a finger on me and they said i press charges but i dont remember they sent dpss to my house cause ou...
As stated in the other answers, unfortunately the decision to file charges is out of your hands now. The DA often files charges even when the "victim" of the alleged charges does not want to or has since admitted to lying about it. If they do file charges you may be contacted by the DA at some point and that would be an opportunity for you to admit the truth. Otherwise they will proceed the best way they see fit. Hopefully after a full investigation they will decide not to ultimately file charges.See question
I have a year to pay $1800. I asked my attorney to petition for community service in lieu of paying this hefty fine but he messed up and told them I would pay the fine. When I went to court on my own and after the fact, I was told that I was onl...
You should be proactive and go ask for the community service option you want BEFORE your fines are due. If you go after the fact, when you are already past due on your $1800 fines you will be in violation of your probation at that point, and a Judge is not likely to work with you or help you out. If you have the time to go to court and add it on calendar to request community service instead of fines you can do so yourself, and be sure to bring the Dr's note you mention. The Judge may say no again, but it won't hurt to ask if you ask early. If your request is denied, your only real options are to keep the fines as is or convert them to jail time if the judge allows.See question
...while living in Northern California, my court ordered therapy classes dropped me because I missed a payment for the sessions, because of my unemployment situation, I just had no money to make the payment. I then received notice of warrant for m...
Since the case in Northern CA has gone to warrant for failure to complete the court ordered classes, it will remain in that status until you or an attorney you hire goes to clear that up. Just becuase you weren't arrested for that warrant on your most recent contact with police doesn't mean that the warrant is gone or that it has been "dropped". There are many reasons why they might not have picked up on it or chosen not to alert you, but its a risk you don't want to take again. You should try to clear the warrant as soon as possible so that you aren't in danger of being arrested next time you are contacted by police. An attorney can handle that as well as get you reinstated to your classes, which the court will still want you to complete.
Also, once the warrant is cleared you will be able to get your license back assuming you have fulfilled all the other DMV requirements. The DMV will hold your license ransom until the warrant is cleared by the court that issued it.See question
Hello, I finally received my police report for my first time DUI in orange county... it shows even though they made me blew for breath test at the scene of my arrest, result is none since - blank, so i am guessing it didnt work.. they to...
Another reason you will need an attorney is that most police agencies have video and audio capabilities. This may mean that a video or audio recording of your encounter with police that day exists. These can be extremely helpful in supression motions. An attorney can request and obtain the video and /or audio for you.See question
THESE ARE THE CHARGES MY PRIVATE ATTORNY COARSED ME INTO PLEADING 459PC 484-488PC 11357HS 11365HS IM A RESISENT NOT A CITIZEN WILL THE BURGLARY CHARGE REFLECT A CONVICTION CHARGE FOR IMIGRATION PUPOSSES AND WILL THE deJ COVER THE 11365 HS?
You should gather all court paperwork and speak to an immigration attorney. If you recieved a DEJ offer the end result should be a dismissal of those charges upon completion of the terms of the DEJ, usually a class and DNA. However you were probably required to enter a guilty plea first, with the agreement that the plea be withdrawn after you complete your DEJ program. So it important that you complete your DEJ terms to get the plea withdrawn.
Generally a DEJ offer covers all charges but it may have been different in your case. If at some point you want to withdrawl your guilty plea to the charges that were not DEJ, the fact that you were not warned of immigration consequences may be a basis to do that. I recommend speaking to an immigration attorney to find out if that is even neccessary or not.See question
I RECEIVED A SECOND DUI IN MARCH OF 2010 AND THE COURTS RENDERED A DECISION IN JUNE OF 2010 THAT SUSPENDED MY LICENSE AS OF JULY 10,2010. JUDGES IN BOTH NORTHERN AND SOUTHERN CALIFORNIA HAVE MADE RULINGS IN SEPARATE CASES TELLING THE DMV TO ISSUE ...
It has been the DMV's consistent position that those who have a violation AND conviction date before July 1,st 2010 are not eligible for the restricted license after 90 days. The recent rulings you mention have dealt with violation dates before July 1st and conviction dates AFTERJuly 1st. Because your violation and conviction date are both before July 1st, the DMV will not allow you to apply for your restricted after 90 days. You can still seek to file a writ with the DMV, many attorneys are preparing these challenges to the new law, but I have not heard of anyone in your situation doing so successfully.See question
I was pulled over(what I was pulled over for was never explained), I took a FST and a hand-held breathalyzer, was told I was being brought in for indications of marijuana use and then charged with a DUI. I also was never read my Miranda Rights. I ...
If you have already entered a plea of guilty you will need to make a motion to withdrawal your plea in order to "re-open" your case and address the issue of your blood test. If that motion to withdrawal your plea is granted by a Judge, you will have an opportunity to negoitate the case once again.
Because you were charged with a DUI that involved both alcohol and drugs, you may have entered a guilty plea to the charge of 23152(a). Even if your BAC is below a .08 you can still be found guilty of this charge, especially since there are drug use allegations. So simply showing the DA or Judge the new BAC results may not affect their offer. You will need someone to help you challenge the drug allegations.
I highly recommend that you contact a criminal defense attorney, and specifically one who does primarily DUI cases. They can assist you in obtaining all the evidence, reviewing it, and negotiating with the DA and Judge.See question
I got pulled over and the cop gave me a ticket because I had a warrant for an unpaid ticket. I went to court on the date stated and was told I was at the wrong court. Now I'm going to the correct court where the ticket originally started. Will I h...
You need to go to the correct court and address the issue as soon as possible. You will not be taken to jail. Make sure you provide the judge with your documentation so that he can clear the Failure To Appear that might have resulted when you went to the wrong court.
Because you did not pay the original ticket that resulted in the warrant, the judge may add on a civil assessment fine, so be prepared for the amount you owe the court to increase.See question
I was initially arrested and charged with DUI in June of 2008 after a breathalyzer test indicated .09 BAC . However, I finally pled guilty to "wet and reckless" 8 months later in February of 2009. Will my informal probation end in June of 2011 o...
Your informal probation will end in February of 2012, but as indicated above, you can always double check on the court paperwork to be sure. If you had an attorney assisting you they can also confirm that for you.
Keep in mind that if you have successfully completed probation , you can seek what is commonly referred to as an expungement under Penal Code Section 1203.4.. If you haven't had any probation violations or picked up any new cases, the court almost always grants these motions. So once your probation has ended you should look into this option. An expungement will change the status of the charge to "dismissed".See question
I was arrested my husband posted bail for me. I have a court date in a 4 days. What is going to happen? Do I plea not quilty and ask for a public defender? Please help!
If you cannot afford to hire an attorney you absolutely should ask to have the public defender appointed to represent you. Domestic violence charges can have a long lasting impact on you as well as your family and you should protect yourself by making sure an attorney is there to assist you.See question