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Richard Wagner’s Answers

66 total


  • I am under Informal Probation in CA and I was pulled over in NV for going 103mph in a 70mph zone.Will this affect my Probation?

    The zone was called "Zero Tolerance" according to the Citation.

    Richard’s Answer

    No. Only misdemeanors and felonies will violate your probation.

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  • Who do I talk to about reducing the charges against my son?

    My son is being charged with Cp422. The school called the police who arrested him and charged him with a violent felony. The school does not agree with the extent of the charges and all of the parties involved are friends, no real threat was perce...

    Richard’s Answer

    It's too bad it has gotten to this point. I recommend calling our office and speaking with Jack Gold who is a criminal defense attorney. The advantage you will have talking to him is that he was a juvenile court judge in Los Angeles for over 25 years. He will give you the information you need. If you need to hire him, he won't charge you "an arm and a leg."

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  • Say your 17 getting charged with fraud & have a record of robbery, what happens what do i do im graduating in a month !!

    are they going to let me graduate ? im i going to do time or just be on probation or house arrest because im a minor

    Richard’s Answer

    There are lots of things that the juvenile court judge or commissoner can do on your new case. It's best to be represented by the best attorney possible. You can have a former Commissioner of the Juvenile Court be your lawyer by contacting our law office for your serious case.

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  • Will California extradite me to Illinois on Juvenile Misdemeanors?

    I have 4 juvenile misdemeanors, will california extradite me to illinois on the warrants?

    Richard’s Answer

    There is an Interstate Compact for Juveniles. Juveniles accused of committing crimes are subject to extradition under Welfare and Institutions Code section 216. In cases involving delinquent juveniles who are runaways and who are likely to endanger their own health, morals, and welfare or the health, morals, and welfare of others, the rendition procedures to be followed are in Welfare and Institutions Code sections 1400-1403.

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  • I want to apply for deffered action but I have a fare evasion ticket. Can I still qualify??

    I tried to call to pay but Los Angeles Juvenile court doesn't have funds to accept my payment. I am tired of calling with no help. So am thinking if I should just risk the deferred action application????

    Richard’s Answer

    If you are not able to go to the court, then you should hire a lawyer to take care of the situation. One of the lawyers on our staff was a Commissioner of the Los Angeles County Juvenile Court. He will help you out and give you all the information you need.

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  • Juvenile record sealing

    I was involved in credit card fraud at age 16. Today I am 30 years old. Can I get my record sealed myself? If yes, what is the procedure and how long does it take?

    Richard’s Answer

    If you can get the Judicial Council Form JV-590, fill it out and file it with the court. You can get the form off the internet or from the courthouse.

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  • Juvenile record sealed

    I was arrested as a juvenile 15 years ago. How do I know if today my records are sealed?

    Richard’s Answer

    To seal juvenile court records, a petition must be filed by either the subject of the records or the probation department. The petition can be filed 5 years after the termination of juvenile court jurisidiction or when the person is 18, whichever is earlier.

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  • What are the penalties for a 3rd DUI?

    I got a DUI in OC four 6 years ago. I did not fight it and plead guilty. I paid the fins and finished the DUI course. If it matters is was at .10. 4 months ago I go another DUI in OC. Blood test showed a .15. I was appointed a public attorney ...

    Richard’s Answer

    The minimum amount of jail is 120 days. BUT, in Orange County, they do not give out the minimum. You are looking at the maximum which is 1 year. However, you can get the jail-time shortened by entering rehab and/or qualifying for DUI Court.

    The DMV will also revoke your license for 3 years, but you can get a restricted license after completing 6 months of an approved DUI school, if DUI was alcohol only.

    All of the mitigating evidence (preexisting med condition) needs to be put before the judge and DA.

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  • Probable cause statement not signed and dated on DMV DUI police report

    Is this a good reason for the DMV to issue a set aside of my license suspension?

    Richard’s Answer

    The question arises whether a “cut and pasted” probable cause narrative in an officer’s sworn statement is actually part of the sworn statement. The new DS-367 forms contain the following statement:
    PROBABLE CAUSE (DESCRIBE IN DETAIL THE FACTS AND CIRCUMSTANCES THAT LED TO THE STOP OR CONTACT.) THE NARRATIVE MUST BE AN ORIGINAL. PRINT OR WRITE DIRECTLY ON THIS PAGE. (A SYNOPSIS OF THE SUPPLEMENTAL REPORT MAY BE CUT AND PASTED BELOW AND MUST BE DATED AND CONTAIN AN ORIGINAL SIGNATURE.)
    The slightest error (or failure to fill in a required field) on the DS367 will be grounds to negate the Evid. Code §664 presumption. – If the Probable Cause does not “contain original signature” there is no indicia of trustworthiness as required by Evidence Code §1280(c). This is because he/she cannot be readily identified by the Officer’s Sworn Statement.

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  • Do i have to take the DUI class in the same county i was convicted in?

    I live in SF, But my DUI convictions are in San Joaquin county. Do i have to take the classes in San Joaquin county to get my license back? Or will the DUI class in any ca county be ok?

    Richard’s Answer

    You can take an approved DUI classes in SF, but you should check to see if you need the court's approval first. Some county courts require the court to approve an out-of-county program. Some don't care. Usually the DUI lawyer will get this straight when you enter a plea, so there is no confusion down the road. But sometimes, circumstances change so you just have to make sure things are OK with the court before you sign up for the class.

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