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Maltaise E Cini

Maltaise Cini’s Answers

1,480 total


  • What should I expect?

    Got pulled over by Border Patrol for driving a Honda, I was told because it was a popular car to steal. They searched my car and found remanence of cocaine and parifinalia. They called sheriff's and I was arrested. Posted bail then a big earthquak...

    Maltaise’s Answer

    What will happen defends on whether you are appearing in Federal or State court.

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  • I was convicted of a felon with a gun can I get house arrest?

    it was not my gun I didn't even have an awareness of it but now im incarcerated and was hoping to get on house arrest haven't been in any trouble previous to 10 years before

    Maltaise’s Answer

    More than likely not. House arrest must be approved by probation. It is typically reserved for offenses that do not involve drugs or violence. Speak with your attorney.

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  • Temporary restraining order my wife is using the courts to harass me and gain an advantage during the divorce

    My wife filed for divorce I have been served two times neither one container divorce papers the first was an ex parte order to stay away from my truck which is in my name the second was a domestic charge she lied to get and that contain move out o...

    Maltaise’s Answer

    It sounds like there is a hearing on the restraining order. You should go to court and contest the allegations in the restraining order. Both sides can introduce evidence. Your wife has made allegations against you and the court issued a T.R.O. If you choose not to respond or appear in court and contest the allegations the court may find the allegations in her petition to be true and issue a permanent restraining order. This could lead to her having possession of the house and the truck. Read the paperwork that she provided you with. Having a restraining order issued against you can have serious implications.

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  • Can my boyfriend kick me out of his house, by calling cops?

    I have been living with my boyfriend for a couple of months, he wants me out ASAP, and he is constantly fighting with me , and threatening me that he will call the cops on me. Can he do that? What are the cops going to do, if he ever calls the c...

    Maltaise’s Answer

    Given that you do not own the place and are not on the lease you are there at your boyfriend's pleasure. Do yourself a favor and find your own housing. Worse case scenario is that your boyfriend kicks you out. You do not want to find yourself defending domestic violence charges. Should your boyfriend make those allegations against you, you could find yourself in custody.

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  • I was arrested for domestic violence but there were never any charges pressed.

    I have a letter stating that I was just detained. The department of social services Is still doing investigation. They just called my friend which is the one that called the police. What's the best step to take now with the department of social s...

    Maltaise’s Answer

    If CPS is making inquires you may want to consult with an attorney who specializes in dependency law. Do you have children? If so and CPS is involved they could remove the children from your home should they believe that the children are exposed to domestic violence. The burden of proof in dependency court is much lower than in a criminal matter. There are steps you can take to keep Social Services at a distance. You do not want to find yourself in dependency court. Be proactive and consult with an attorney ASAP.

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  • Can an attorney have a warrent recalled for a misdemeanor?

    I was going to use a public defender and appear in court for proof of completion in a duo class but since this case I got another dui so I'm looking at a possible probation violation. The public def is telling me that no lawyer can go and have the...

    Maltaise’s Answer

    If the case that you have a probation violation on is a misdemeanor an attorney should be able to appear 977 (in your absence) to have the warrant recalled. My suggestion is to consult with an attorney who is familiar with that court. Some courts will not allow attorneys to appear 977 to admit the probation violation. I have never experienced a court not allowing an attorney to appear on a misdemeanor to recall the bench warrant. Best of luck. Be prepared to have your doctor's paperwork ready for the attorney.

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  • How much time will I actually serve on a 45 day county jail time sentence ?

    i didint do my caltrans and the judge gave me 45 days in county jail and this is my first time ever going and I'm kinda nervous I wanted to know how will I get out ? Am I gonna do the whole 45 days ? The charge is a misdemeanor

    Maltaise’s Answer

    By law you should be receiving 50 percent credits given this is a misdemeanor. However with the jail overcrowding it is difficult to say how much of that time you will serve.

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  • Charged and sentenced for evading and public disregard.

    I was charged with evading the high way patrol and disregard for public safety on a dirt bike in LA county California and sentenced and served the sentence but I continue to violate my probation. How long can the court continue to keep me on prob...

    Maltaise’s Answer

    Given you are on probation and continue to violate the terms of probation you can be violated. BUT, if this offense was non-drug related and there is no concern regarding your use of drugs that appears to be an unreasonable term of probation. Speak to your attorney about getting this before the court and having the court address your terms of probation.

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  • California resident under 18 caught shoplifting?

    Recently I was caught at Kohls for shoplifting the items costed around 47$ and I was wondering what will happen? I was told there will be no criminal charges pressed but I assume they say that to all. I was also told I have to pay a fine but they ...

    Maltaise’s Answer

    If the police were not involved and you were not given a citation to appear in court then criminal charges would not be filed. The police would need to take a police report and then forward it to the District Attorney's Office. Regarding the fine, that is a civil matter. The stores are permitted to collect the monies and they request it from everyone. However, if you do not pay the fine I am not aware of them suing you in civil court in an effort to collect the monies. Take this as a lesson and do not repeat this behavior. The consequences of being caught and convicted can be devastating.

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  • CA Defense Attorney - Re: significance of report prepared by CA DOJ tracing prescriptions of controlled substance.

    CA Defense Attorney – I have a friend who had an accident years ago and was prescribed a pain medication classified as a controlled substance. Unfortunately through the years this person has become dependent upon it. Recently when this person went...

    Maltaise’s Answer

    As long as he had obtained the medication with a prescription written by a physician vs forging the prescription he is fine.

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