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Daniel C Grupenhagen

Daniel Grupenhagen’s Answers

611 total


  • Can I apply for U.S. citizenship with a 15 year old conviction that's been expunged from my record?

    My current status is permanent resident since 1997. I was convicted of felony theft in early 2000 at age 18, complied with everything the court ordered and paid all my fines. Had my case expunged by a judge in early 2007 for complying with everyth...

    Daniel’s Answer

    The expungement doesn't help in the Immigration world. DHS looks at your record in whole, and the expungement isn't an eraser. It would help to contact a lawyer familiar with immigration and criminal law in that you could try to petition for a certificate of rehabilitation that would help because it is an eraser. Although difficult to obtain, it may be available to you.

    I still recommend contacting a lawyer because there may be other ways for you to naturalize.

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  • If my sons 12 and hes getting charges pressed on him for assult, will that affect me or will he just go to juvinile hall?

    There both in the same grade and go to the same school the girl spit on him and thats when he hit her.

    Daniel’s Answer

    Maybe someone actually in Orange County can answer this for you. First, I wouldn't expect that he end up in juvenile hall for a simple assault. If the girl had a permanent injury, the chance of going into custody increases, but without that, there is a slim chance that he would need to be incarcerated. Second, I agree with the other attorneys in the sense that having a child in the court requires your presence, and the related expenses will be yours. A more thorough case evaluation with a local criminal attorney is recommended so you may obtain specific answers for your questions.

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  • I recently attained an MIP in the state of California. What consequences am I facing & can i avoid getting my license revoked?

    I am eighteen years old, it is an increment ticket

    Daniel’s Answer

    An MIP (Minor in Possession of Alcohol) is a misdemeanor in CA. The consequences vary depending on where your case is. You may be required to attend an underage offender program, and pay a fine. There IS an automatic action against your license, a suspension for one year if you are found guilty. This is why you should contact an attorney local to the court to represent you and avoid getting convicted. An attorney could possibly appear without you, so that's a big bonus to save you from traveling back and forth.

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  • Why won't the police arrest someone who violates a restraining order multiple times, even when they have the evidence?

    This guy has done everything possible to violate the restraining order and they will not arrest him- why?

    Daniel’s Answer

    In CA, violation of a restraining order is (usually) a misdemeanor. Police cannot arrest for a misdemeanor that did not happen in their presence. If a felony occurs, that rule is out the window. If the reporting/protected party wants to have the police effect a citizen's arrest, that may be an option for you.

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  • There is a friend.of mine got arrested for.domestic violence last day. The police take a picture of his wife bruised and hurt.

    Wife doesn't like to go court and testifies in court. He scheduled for readiness hearing. His question is what will happen if he go to trial I am sure they bring the evidence and he be guilty. I need your advice

    Daniel’s Answer

    The Wife doesn't want to testify? If she doesn't, there is no evidence from her. The Prosecutor (DA) could have other witnesses describe the conduct, even the bruises and pictures. In my experience, the DA will want the wife because she is the best witness. Securing her presence in court can be obtained with a warrant although that is extreme, it is possible. Recommend to your friend that he contact and hire a lawyer to handle the matter because trials are rare, statistically speaking. The case may be resolved well before trial. If he already has a lawyer, direct this question to that attorney.

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  • Can DMV keep charges of DUI on me if the court dropped to reckless drive?

    The court doped my case to reckless drive and DMV kept in my drivers license as DUI. Can I fix it? I think reckless is only three years on the record but DUI is longer. can I still clean my records and drop to reckless with DMV?

    Daniel’s Answer

    Generally, the DMV and Court are completely independent when it comes to DUIs and your arrest. The DMV action that starts after your arrest is a Per Se, Administrative process. That means, basically, it's quick, automatic, and a limited amount of Due Process is afforded to you. Your license in a privilege not a right, but it is the kind of property that the State (DMV) can't just take away for no reason. The DMV process of taking away your license after a DUI begins separately from the Court.

    If the Court (Judge or Jury or even the District Attorney) decides that there was an issue that affected the legality of your DUI case, that decision can be brought back to the DMV to "fix" the original administrative action against your license. This is rare, but it is possible.

    In response to your question, the DMV would want to know why your case was reduced. If no judge made any factual findings about your case, like if the DA and your lawyer just came to an agreement after negotiating, the DMV wouldn't change their record. A wet reckless is the same as a DUI to the DMV anyway, 2 points, and priorable like a DUI.

    If the DA is willing to fill our a form explaining the reduction, your attorney can take that back to the DMV to argue as if there was a legal decision from the Court that should bind the DMV. A painstaking endeavor that may require suing the DMV. Wherein, time is of the essence.

    Hope this helped!

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  • What is the punishment for 3rd offense driving on a suspended license within a 5 year span for a previous dui.

    Received my 3rd ticket for driving on a suspended license for a previous dui

    Daniel’s Answer

    The mandatory time tops out at 30 days jail and the fine. However, the priors and probation an add time. It would be wise to have a lawyer help you.

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  • I got charged with sales and a DUI on the same day, then OR'd, will I go to jail on my arraignment date?

    This is my first offense i'm 20 years old , and in school. I'm not familiarized with the court system so I wasn't sure how it flows. and also how should I plead?

    Daniel’s Answer

    Don't try to go through this without counsel. Consult with some attorneys to help you make that decision.

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  • My son has a warrant for failure to finish his CWP Program - a misdemeanor - the warrant says mandatory appearance but no date

    is given and there is a bail amount of $1500.00. What do we do now? Thank you!

    Daniel’s Answer

    Counsel can appear for him, or he can risk going in himself to court before police catch up to him.

    I recommend having an attorney help you.

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  • My boyfriend was sentenced to 27 days for not showing up to community service for a DUI. How long will he really do?

    My boyfriend got taken in to NORTH COUNTY CORRECTIONAL FACILITY in La county for not showing up to his community service for a DUI. He was sentenced 27 days and he is already been in there for 15 days today. Will he serve the full time?

    Daniel’s Answer

    He should be done, stay by the phone when he calls you tonight.

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