Gina Lynn Kershaw’s Answers

Gina Lynn Kershaw

Costa Mesa Criminal Defense Attorney.

Contributor Level 6
  1. He was arrested for vc2800.2. At arraignment they added 6 prison priors as well. What can we do if we cant afford a lawyer now?

    Answered about 1 year ago.

    1. Greg Thomas Hill
    2. Michael Kevin Cernyar
    3. Gina Lynn Kershaw
    4. Anthony Michael Solis
    5. Jay Scott Finnecy
    5 lawyer answers

    Sometimes a DA will load up a case with prison priors so that they can try to get some jail/prison time out of a defendant. They may try to scare him into accepting a deal early in the process. It sounds like your options are pretty limited regarding hiring private counsel, but if you are able to hire counsel at some point I would highly recommend it. You will definitely need someone who can devote some time into this case, talking with witnesses and drafting a plan to fight the charges....

    6 lawyers agreed with this answer

  2. What are the penalties most likely to be for a first time offender of being in possession of a controlled substance?

    Answered 2 days ago.

    1. Gina Lynn Kershaw
    2. Joseph Briscoe Dane
    3. Jay Scott Finnecy
    4. James Roy Dickinson
    4 lawyer answers

    As long as he has never done a diversion program before, he should be eligible for PC1000 - even with a felony possession. If he finishes the classes and a short probation period successfully, the case can be dismissed. If the DA insists on having him plead to the FTA, then he still has the option of Prop 36 and should be okay.

    Selected as best answer

  3. How can I appeal my DUI conviction? I was not represented adequately during my appeal.

    Answered 2 days ago.

    1. Gina Lynn Kershaw
    2. Jay Scott Finnecy
    3. Michael Jon Fremont
    4. Julia E. Simmons
    4 lawyer answers

    It depends on whether there was a plea bargain or a jury trial and verdict. I would also ask whether there was a PC 1538.5 motion filed in the case as this could be a potential issue that could be brought before a federal court. Good Luck.

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  4. DA's office initiates an offer to defense, is this a positive sign to the defendant that the DA does not have a strong case?

    Answered 2 days ago.

    1. David Mark Wallin
    2. John David Rogers
    3. Jay Carl Stoegbauer
    4. Brian Russell Michaels
    5. James Roy Dickinson
    6. ···
    8 lawyer answers

    The DA's office will almost always give an offer prior to preliminary hearing. This does not reflect how they feel about your case, although if the case is particularly bad, the initial offer may be the best one you get. It totally depends on the case, the individual DA and the policies at that DA office. You should get advice from an attorney on what a good offer would be.

    3 lawyers agreed with this answer

  5. Idk what to do help! Can I be throw in jail?

    Answered about 1 year ago.

    1. Gina Lynn Kershaw
    2. Greg Thomas Hill
    3. Jack McRae
    3 lawyer answers

    If you plan to take the witness stand and tell the court that you filed a false police report, you will be assigned your own attorney to advise you first. Filing a a false police report is a misdemeanor, and you could be subject to jail time if you are convicted of it. The reason why both parties have called you to testify at the preliminary hearing is because they need to find out what will happen (and what you will say) should the case proceed to trial. If you tell the court that...

    3 lawyers agreed with this answer

  6. My arraignment is on aug 7 do I need to consult a lawyer?

    Answered about 1 year ago.

    1. Stephen Ross Cohen
    2. Gina Lynn Kershaw
    3. Michael Kevin Cernyar
    4. Anthony Michael Solis
    4 lawyer answers

    You definitely should contact an attorney. You may have many options in this case, and you do not want to get stuck with an offer that the judge may suggest just because you want to get it over with. This type of case is fact-intensive and your attorney will probably want to contact as many witnesses as possible and work on helping you to get out of this mess. I also suggest an attorney that knows your courthouse and the attorneys/judges that work there well. This can make all the...

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  7. I have a warrant for a failure to appear on a traffic ticket. If I make a court date, will the warrant be lifted?

    Answered about 19 hours ago.

    1. John David Rogers
    2. Jay Scott Finnecy
    3. Gina Lynn Kershaw
    4. James Roy Dickinson
    5. Peter Sebastian
    5 lawyer answers

    Yes. Go to the court early in the morning and ask to see the judge. They will allow you to go into court and you can explain to the judge why you failed to appear. You will be able take care of the ticket on the same day ,although you will probably have to pay more than the original ticket amount because you missed your first court date. I suggest you do this as soon as you can - Good Luck!

    1 lawyer agreed with this answer

  8. I was caught stealing a Snickers bar from Magic Mountain and they told me that i would be fined. What happens if I don't pay?

    Answered 2 days ago.

    1. Joseph Briscoe Dane
    2. Gina Lynn Kershaw
    3. Sean Anthony Brady
    4. James Roy Dickinson
    4 lawyer answers

    You should just pay the fine and be thankful that you did not get arrested.

    1 lawyer agreed with this answer

  9. Do I need to file a motion for early termination of probation? Or can I go to the court and ask for a hearing and ask the judge

    Answered 2 days ago.

    1. Levon B. Kevorkian
    2. John David Rogers
    3. Jay Scott Finnecy
    4. David S. Kestenbaum
    5. Gina Lynn Kershaw
    6. ···
    6 lawyer answers

    You will need to file a motion, but you can sometimes do this at the clerk's window. The clerk will notify the district attorney so they can have some input it they wish. Then the judge will decide whether you have a good reason to terminate early and whether it is likely that you may offend again. Without knowing what your offense was, I can tell you that they rarely grant an early termination of probation on DUI cases because of the potential danger to the community. That being said,...

    1 lawyer agreed with this answer

  10. Is their a law that opens the Restricted Juvenile Reports to public?

    Answered about 1 year ago.

    1. Michael Moshe Levin
    2. Michael Kevin Cernyar
    3. Gina Lynn Kershaw
    3 lawyer answers

    No. California cannot open any juvenile records to the public.

    1 lawyer agreed with this answer

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