John Wood Bussman’s Answers

John Wood Bussman

Santa Ana Criminal Defense Attorney.

Contributor Level 10
  1. What does expungment do? I want to clear my record of a shoplifting charge.

    Answered almost 4 years ago.

    1. John Wood Bussman
    2. Ronald Daniel Hedding
    3. Errol Lamont Cook
    3 lawyer answers

    An expungment will retroactively change a conviction to a dismissal. It will not, however, erase the fact that you were arrested and charged with the crime. Applying for an expungement (called a PC 1203.4 Petition) is a very simple process. The forms are available on most courts' websites and can be completed by simply checking off a couple boxes. Make sure that you have your case number and the exact date of your conviction. Once you have completed the forms, make at least 3...

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  2. I know someone who is 19 and arrester for shoplifting. What r her her chances of being convicted. She has a very clean record.

    Answered almost 4 years ago.

    1. John Wood Bussman
    2. Andrew Michael Limberg
    3. Michael Jonathan Wartko
    3 lawyer answers

    *Please note that the previous poster is licensed to practice law in Ohio, not California. The limit at which petty theft becomes grand theft is now $950, not $400. Your friend might be eligible for a diversion program, wherein she would be ordered to take some classes and learn how shoplifting affects merchants. Once she successfully completes the classes, the case can be dismissed entirely. Her eligibility to participate in a diversion program will depend on the exact nature of...

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  3. Prop 215?

    Answered almost 4 years ago.

    1. John Wood Bussman
    2. John M. Kaman
    3. Brandon Theodore Williams
    3 lawyer answers

    Depending on the terms of your probation, it is possible that any marijuana use (even under 215) could violate you. If you are on probation and you need marijuana for a valid medical reason, you should ask your lawyer to modify the terms of your probation to specifically allow for the medical use of marijuana with a doctor's recommendation.

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  4. My son showed up late for a court day of a correctable ticket, what will happen

    Answered almost 4 years ago.

    1. Joseph Briscoe Dane
    2. John Wood Bussman
    2 lawyer answers

    I'm not sure I understand the question. Has your son been driving around for the past 6 months with an outstanding bench warrant? If so, he would be subject to arrest any time he has any contact with the police. It would be a shame to go to jail over something so petty. If he has an outstanding bench warrant, he needs to get himself into court as soon as possible. He should walk into the traffic clerk's office as soon as they open (usually around 8:00 AM at most courthouses) and ask to...

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  5. In California how long can they go back on a felony dui I have two in the past both over 10 years one over 20 years old i got

    Answered almost 4 years ago.

    1. John Wood Bussman
    2. Hussein Ali Chahine
    2 lawyer answers

    DUIs that occurred within the past 10 years are considered "priors". If you have convictions that are more than 10 years old, they will not be alleged as priors, but they could still be used to enhance your bail.

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  6. FEAR RULES: Every Atty who answered states that I could still be charged by the D.A of Sacramento. (490.5 c)

    Answered almost 4 years ago.

    1. John M. Kaman
    2. John Wood Bussman
    3. Robert Lee Marshall
    3 lawyer answers

    You should NOT be in contact with the store manager. Constantly calling the manager to check in re the status of your case will only make things worse. This case is likely to simply die its own death if you just leave it alone.

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  7. How I can fight a traffic ticket in California. I 've been stopped for " entering the intersection on red light".

    Answered almost 4 years ago.

    1. John Wood Bussman
    1 lawyer answer

    You have the right to a hearing, at which the officer would be called to testify as to the color of the light at the time that you entered the intersection. The burden is on the prosecution to show beyond a reasonable doubt that the light was red before you crossed the limit line (the solid white line that delineates the beginning of the intersection). You might have a defense based on what is called the "dilemma zone". The law is CA is very specific regarding how long a light must stay...

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  8. I have a question about a hit and run

    Answered almost 4 years ago.

    1. Joseph Briscoe Dane
    2. John Wood Bussman
    3. Andrew Michael Limberg
    3 lawyer answers

    There is a split of authority regarding whether or not hit-and-runs can be settled with what is called a "Civil Compromise" (touched upon by the previous poster). I have successfully used them to beat hit-and-run charges in the past, but it always requires a little arm-twisting. A Civil Compromise is an agreement entered into by the victim, the defendant, the prosecutor and the judge whereby the defendant pays some money to the victim and the case is dismissed entirely. Here's my...

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  9. Where do I get a Marsden Motion document?

    Answered almost 4 years ago.

    1. John Wood Bussman
    2. Robert Lee Marshall
    3. Pamela Koslyn
    4 lawyer answers

    If you're interested in defending yourself, you should be cautioned that you are up against a professional prosecutor who has gone to law school, holds a juris doctor, and has passed the California Bar Exam. The rules of evidence are complicated and the judge will not cut you any slack. That being said, if you'd like to write your own Marsden motion, you can probably get a good template from a book called "California Criminal Forms and Instructions". It is published by Bancroft-Whitney

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  10. I was caught for shoplifting a $9.95 item and was cited by a police officer for "petty theft" (misdemeanor). What can I do?

    Answered almost 4 years ago.

    1. Joseph Briscoe Dane
    2. John Wood Bussman
    3. Alan James Brinkmeier
    3 lawyer answers

    As long as the value of the goods was less than $50, you are probably eligible to have the whole thing reduced to an infraction on the prosecutor's motion. An infraction comes with a small fine, but no probation or jail time and most importantly, no misdemeanor on your record. Your other option is to take some court-ordered classes and to learn about the harm that shoplifting causes for local merchants. Once you complete the classes (called "diversion"), the whole case will be dismissed...

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