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Maltaise E Cini

Maltaise Cini’s Answers

1,458 total


  • Can my son be charged with possession of marijuana in school a MONTH after the incident and questioned without parents present?

    At the time of the incident, the school notified us that the police were already there and spoke to my son. He was found in possession of a vape pen and a small amount of marijuana in the pen. The school released him to my husband and suspended ...

    Maltaise’s Answer

    Yes, your son can be charged a month after the incident. The statute of limitations has not expired. Neither the police nor the school are required to contact you when they spoke with your son. Given that your son needs to appear in Juvenile Court you are required to be present during the court proceedings.

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  • How can I establish response to temporary restraining order that was filed under false information by my husband of 18 yrs

    I have been assaulted by husband on sat then was told b him to come home we had intercourse last night then today I was served for being a threat to him and my other two children but sat he he physically attacked my son who jumped in frnt ...

    Maltaise’s Answer

    You may want to consider hiring an attorney to assist you with this. You need to file a response to the allegations. Your response will need to be served upon your husband. You can also bring witnesses to court and cross-examine your husband on the witness stand. A restraining order can have serious implications including but not limited to you keeping your distance from your husband and possibly being displaced from the family home.

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  • If I can get the Discovery on my sons case would someone be willing to look at it.

    I have part of it and am trying to get the rest, Thank all of you for your help. Sandy

    Maltaise’s Answer

    If you are going to have an attorney review the discovery make sure that you have obtained all the discovery. Is he currently represented by an attorney? If so the new attorney can get in touch with the other attorney for the discovery.

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  • What happens if you get caught using fake passport?

    What would happen if you are caught using fake Canadian passport trying to enter the U.S. or other country? The person is neither American or Canadian. Would you get arrest right away for deport to the country of your original flight?

    Maltaise’s Answer

    If you are on US soil at the time that the use is detected you would be taken into custody, brought to justice in the US and then deported. If this is detected at an airport before you are at US Immigration I cannot tell you what their procedure would be. This would be a federal offense.

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  • MISDEMEANOR PROBATION I ALREADY DID MY TIME ON BUT VIOLATED IT SOMEHOW WHAT DO I DO

    MISDEMEANOR PROBATION I ALREADY DID MY TIME ON BUT VIOLATED IT SOMEHOW WHAT DO I DO

    Maltaise’s Answer

    Yes, you may be violated repeatedly. Every offense carries a jail sentence. You may be violated until you have served the maximum time permitted on the case. You can not be violated for the same violation however if you were ordered to do something and have failed to do it-even if it was to report and that was the original reason why you were violated and then you failed to report again you can be violated a second time.

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  • I am a female and I have a clean record. about two days ago I got charged with a felony. will I go to jail ?

    the night I got arrested I was at a bar with my boyfriend I got completely drunk to the point where I don't remember what I did. I went to jail and apparently I kicked a police officer while they were booking me and threatened him. I do not remene...

    Maltaise’s Answer

    All felonies carry the possibility of jail time. Will you go to jail depends on a number of factors-the fact that you have no prior violence or convictions are a positive. However given the recent issues involving law enforcement many District Attorney's are refusing to negotiate on police assault cases. Give yourself peace of mind and hire an attorney. An attorney will come up with a strategy that will hopefully give you a positive resolution to the case. There are a number of ways that you could start mitigating your case in advance of the court date.

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  • I received a citation for marijuana,simple possession. Not guilty in court of California, How do I get my meds back????

    Ranger confiscated apox. 7 grams of meds. Santa Anita Ranger Station

    Maltaise’s Answer

    You would need to file a motion for return of property.

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  • Two Domestic violence cases dismissed, two TRO's dismissed, one more and do I have case for a vexatious litigant motion?

    In the past two year ex-wife has falsely had me incarcerated twice for two separate Domestic Violence cases which were dismissed, having no merit. Since she has filed Two TRO's which were both dismissed, now she threatens to refile at her pleasure...

    Maltaise’s Answer

    You should consult with a civil attorney regarding this. Keep copies of all your paperwork

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  • Two questions; (1) If LEO's used cell data evidence pulled from a unidentified cell a deputy admits was not found at the crime/

    Accident Scene by RCSD's Special Investigators. But, 2 hours later SBCSD's Detective said he found it inside same P/U now at tow yard, & processed into evidence. Is it and contents ADMISSABLE? (2) Why are items processed into evidence and turned o...

    Maltaise’s Answer

    All evidence is always booked with the police agency. The contents may be admissible if the proper foundation can be layed. Without knowing the fact of the case it is impossible to say whether or not the evidence was planted. Before any evidence is introduced the proper foundation must always be played. You can have evidence but if the foundation is not layed it will not be introduced into evidence at a court proceeding.

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  • What will happen if I'm caught driving with a suspended license?

    I was charged with a dui and placed on summary probation. I don't have a license of any kind.

    Maltaise’s Answer

    You will be looking at a violation of probation on the DUI and a minimum of 10 days jail and $1,000 fine along with an additional three years of probation. On the DUI probation you may have jail time imposed. Take the necessary steps to get a CDL.

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