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Frances-Marie Prizzia’s Answers

36 total

  • Is it true that if you have warrants and you get a job, the courts will find out and you could possibly be arrested at work???

    I appearantly have two $10,000 warrants that I was previously unaware of. One if for a petty theft charge from July of last year, for which I went to court on the day that was listed on my ticket and was not on the calander. I never received any...

    Frances-Marie’s Answer

    You can be arrested any time on a warrant. No one can definitively state whether or not you would be arrested at work, but you can be since the warrant allows law enforcement to arrest you on the spot until the warrant has been cleared. There are other issues that go along with having a failure to appear in court such as hold or suspension on your license. You should consult an attorney immediately and handle both cases before you are arrested.

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  • I received an arrest warrant in the mail yesterday for VC23152(A). Just exactly is that charge?

    Sentenced 10/2012 to DUI. Am fulfilling court mandates and get the warrant in the mail yesterday out of the blue. Am quite concerned as my lawyer will not be back in his office until Tuesday. What should I do - post the bail amount on the notice?

    Frances-Marie’s Answer

    VC 23152(a) is a DUI charge. Assuming that you were not arrested for another DUI recently, then the warrant is for failure to complete some term of probation. You should probably review the terms of probation that you agreed upon during your sentencing and determine if you have complied with all terms. You should also leave a message with your lawyer letting him or her know about the warrant.

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  • How much time am I looking at violating probation with a new pc 666 charge? ugggh!

    and any thing I can do that would be helpful on a conviction with the judge considering my sentence?

    Frances-Marie’s Answer

    It depends on several factors such as what the original charge is that you are on probation for, how much time you have already done, etc. are you in formal probation or felony probation? I would need more information to provide an accurate answer.

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  • So today I got an infraction, it was for possession of marijuana does that appear on my criminal record?

    I was parked out of a park and it was passed curfew hours right so the officer asked for iIDS I said okay my friend said why so there for officer they searched my car found less of an ounce of weed

    Frances-Marie’s Answer

    Yes, however in Orange County, courts sometimes offer an diversion program in which you can attend an 8 hour drug class a d pay fines to have it dismissed. Contact an attorney if you are interested in obtaining a dismissal.

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  • Second drug charge with in one month. what can I do i was already given prop 36, and jut got arrested for the same thing.

    I have a previous felony-211 i completed probation on that charge and last month i was charged with possession. I just got arrested for 2nd possession charge. Will I do jail time? What can I do? Can i get proposition 36 again. I am a registered...

    Frances-Marie’s Answer

    You were given an illegal sentence by the court because you cannot have a strike within the last five years to be eligible for prop. How I'm reading your question is that your 211 charge was within the five year period. If it is outside five years then you are eligible for prop. This drug case will be viewed as a prop violation if you are still completing prop on your first possession charge. You will then have two prop cases open. However, the DA can always argue that you are not amenable to prop and request the court to sentence you instead. Make sure you have a knowledgeable attorney to guide you through this process.

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  • I had a background check done was told I did not complete probation back in 1994 what do I need to do to clear this up

    I now live in ten. it was in long beach ca.do I need a lawyer

    Frances-Marie’s Answer

    You would need an attorney because you are facing a probation violation which may include jail time. Also, most likely, there would be an active warrant for the failure to complete the terms of probation.

    An attorney would need to appear in court on your behalf and request that the warrant be recalled. If it is a felony, the court will order you to appear. If it is a misdemeanor, then the the court may allow an attorney to appear on your behalf.

    Depending on what term of probation you did not complete, the court may impose jail time or some other consequence. Alternatively, the court may decide to give you time to complete the terms of your probation and reinstate you.

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  • When is the last opportunity to reach a plea deal in a dui case in Orange County, CA Court?

    I have been charged with a dui, second in last 10 years. It is a alcohol plus medication dui. The alcohol level was only 0.04. Prosecution refused to offer a wet reckless at pre-trial. They only offered 60 days house arrest if no trila but if the ...

    Frances-Marie’s Answer

    The DAs in North court usually pull the deal when the case is set for trial. There is still an opportunity to settle the case but the offer may be increased. Depending on which judge you are in front of (potentially n8, of n7), you can request a court offer. You may be able to then get a reduced sentence or an opportunity to avoid jail time and get home confinement.

    The reason why you are not being offered a wet reckless is due to the fact that you had medication in your system. The DAs are looking at it as the combination of the low level of alcohol as well as the drugs in your system to create the under the influence charge. Orange County is very different from other counties in that they will push this case to trial and will not offer a wet reckless.

    In order to go more in depth about your chances at trial or even a better deal, I would need more information about the case, such as reason for the pull over, what quantities of medication were in your system, if they are therapeutic values or not, etc. You should consult an attorney familiar with that court as well as knowledgeable and experienced with DUIs if you so not feel comfortable with your public defender.

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  • Will I do to jail if I don't pay my fine for petty theft?

    It was my very first crime of anything. I don't hve money to pay and I don't know what to do. I owe money for public attorney but I don't have that. I really need help and don't know what to do..

    Frances-Marie’s Answer

    I agree with Mr. Taub, you need to calendar your case prior to the due date of the fine and request an extension to pay. If you do not pay your fine or are late in paying, then you will end up violating your probation at which time a bench warrant will issue for your arrest. You will then face more serious consequences as well as possible jail time.

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  • Court papers say "Bench warrant probation revocation " and another case 'bench warrant DEJ program" what will happen?

    Last year my son was placed on probation and served no jail time . Was ordered by the court that he needed to sign up to a DEJ diversion drug program and Drinking drivers program. He failed to sign up and later failed to show up to COURT ! So h...

    Frances-Marie’s Answer

    He violated the terms of his probation and his diversion program therefore the court can decide to terminate the diversionary program and sentence him to some jail time or whatever he had already agreed to. Alternatively? The court may decide to give him one more chance and reinstate him again and allow him more time to complete the necessary terms that your son originally agreed to.

    The best chance is to hire an attorney to advocate for another chance on behalf of your son or he may be facing a lengthy jail sentence as well as a criminal record.

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  • Can Police run your license plates at random with no probable cause and subsequently arrest you if you have a warrant?..

    Or do you have to commit a moving violation first?...

    Frances-Marie’s Answer

    Police can always run your license plate randomly and search for warrants. They usually do all the time whenever they are behind you. However, in order to pull you over, they must have reasonable suspicion that a crime is being committed. You cannot be pulled over simply to check to see if you are the person who has a warrant for your arrest. There has to be some other factor to confirm it. Usually, an officer will pull you over on a traffic violation as a pretext in order to pull you over and confirm their suspicions that you, the driver, is the person with the warrant associated with the plates. Unfortunately, it is difficult to prove that an officer was pulling you over just to check their hunch.

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