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Benjamin Adam Arsenian

Benjamin Arsenian’s Answers

29 total

  • DUI and FBI Background Report

    I was charged with DUI in August 2010, I went to Court in April, 2011 and plead guilty it was reduced to Wet Reckless. I was given 3 years probation. I went to Court again March, 2012. The exact wording of Minute Order, The Court hereby permits ...

    Benjamin’s Answer

    The conviction is likely to appear on your DMV report despite your PC 1203.4 dismissal.

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  • A person who have ADHD issues can what they say still consider as evidence?

    i was forced and being threatend by the cops saying if i don't talk they will go get my son at my parents house and take my son away. i have ADHD i told them as well and that i'm on medication. i made up couple things to say that was it. a person ...

    Benjamin’s Answer

    The jury might hear your statements with the caveat you were on medication for ADHD. Your ADHD and medication is relevant to the weight and/or interpretation of the statements, not their admissibility.

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  • First California misdemeanor : petty theft. CONSEQUENCES for non U.S citizen?

    I am 21 and I was caught for petty theft at Macy's for two shirt which came up to $50. The Macy's lady made me sign a paper which stated that i couldnt enter Macy's for 3 years and then a fine of $425. She called the cops on me. I was taken to co...

    Benjamin’s Answer

    If you resolve your case for an infraction pursuant to Penal Code section 490.1, there would be no probation, just a fine.

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  • My boyfriend is being charged with attempted robbery in the second degree. What is he looking at?

    He has a job, a stable home, a family, and no criminal history. What will happen next, and what should we expect?

    Benjamin’s Answer

    The aggravated term is 5 years. There are other additional special allegations that can operate as enhancements. Use of a firearm in the commission of the robbery is an example.

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  • Need an experienced attorney to seal the arrest record,.Penal Code 851.8

    D.V. case was discharged by D.A. No conviction. Now need to file the factual innocence 851.8 This motion is the most important case for my entire life !! since I will do high-cecurity job . Need an attoney who specialized in this area? ...

    Benjamin’s Answer

    I agree with the above. At the hearing on the motion, the court will likely require you to present evidence to prove you are in fact innocent and that the case was not "discharged" for witness unavailability or some other reason. You carry the burden of proof.

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  • Requirements for license reinstatement after completing 18 month dui progam?

    I was convicted of a 2nd DUI in 2006 but did not go back to court to handle it until 2010. I will be done with my 18 months of classes in June. Since it has been over five years since the actual offense but only handled in court recently do I st...

    Benjamin’s Answer

    Yes and I believe the reinstatement fine is $125.00.

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  • Does a pc11350a felony conviction set aside/dismissed under pc1210.1 prevent the party from possesing a taser gun, or tear gas..

    Does a pc11350a felony conviction set aside/dismissed under pc1210.1 prevent the party from possesing a taser gun, or tear gas (pc22810)?

    Benjamin’s Answer

    A dismissal pursuant to PC1210, aka Prop 36, would not prevent someone from owning a firearm assuming they are otherwise lawfully entitled to own said firearm.

    Even without any criminal history, it may be illegal to own tear gas/taser guns etc. I would consult an attorney prior to purchase.

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  • Can a sex offender live with a narcotics offender in California?

    Now this registered narcotics offender is living in a house with a registered sex offender, is that allowed in California?

    Benjamin’s Answer

    In short: It depends. If they are not violating their terms of probation and/or parole, then yes, it could be permissible.

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  • Deputy da stood up in recessed court and tell defendant that she is guilty and will not win and not to waste her or judges time?

    criminal trial setting court was recessed, deputy da stood up and in a very loud voice where everyone in court room could hear and did hear "that the defendant is guilty and will not win. defense atty asked what about defendants rights and the co...

    Benjamin’s Answer

    Her behavior and comments are unprofessional. However, they also reveal the strength of the defense. Most DA's seek verdicts in easy cases to impress their supervisors. Her outburst is an attempt to avoid a trial she fears losing. Pick 12 good jurors and beat her in trial!

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