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John Wood Bussman

John Bussman’s Answers

80 total


  • I received a ticket in Oregon (have to go to Glendale court) but live in Arizona and unable to go back to to Oregon for hearing.

    I received a speeding Violation when driving back to Arizona on the I-5. I have to go to Glendale court. I was hoping I'd have a job by now to be able to fly up to go to my first appearance but I am unable to go and my court date is the 2nd of ...

    John’s Answer

    How much time, money and effort do you want to spend fighting a speeding ticket? Is this being treated as a misdemeanor or an infraction?

    If it's simply an infraction, you can probably just mail a check to the court without any personal appearance necessary (I know that's what I did last time I got a speeding ticket in Oregon).

    If you're accused of a misdemeanor with a mandatory appearance, you should contact a local attorney in Oregon. For most types of petty offenses, an attorney can appear in court on your behalf so that you don't have to commute from out-of-state.

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  • Moving out state would I have a license based on their state DWI laws?can not have a productive life without a condition license

    1st was 0 tolerance , blew legal limit but underage. could i get that plea changed now? over 10 yrs ago to avoid the new laws? in my 20's i got 2. I went back to school got my nursing license . I've finished the 3 yrs probation and unable to get m...

    John’s Answer

    It depends on who suspended your license and why you're ineligible to get it back. I'd need more info to give you a good answer. Unfortunately, you probably won't be able to get a license anywhere in the country if the DMV from any state has a "hold". Without more info, I can't tell you what it would take to lift the hold.

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  • Rookie question here, but why is "disorderly conduct" called a "CD" arrest? Shouldn't the acronym be "DC"?

    Please advise -- thank you!

    John’s Answer

    "CD" probably stands for "case disposition". Since your police encounter ended with you being arrested, the case disposition is listed as "arrest". That's my guess.

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  • What does PC 11350(A)(2) Hs

    I was arrested a month ago under PC 11377(A) when released from Jail a couple hours later my Booking sheet had the PC crossed of with 849(b)1 in it's place. After getting out went to the bail bond agency where they gave me a court date of 1/25/10....

    John’s Answer

    It sounds like the cop who arrested you either doesn't know his drugs or he doesn't know his code sections.

    It is very common to be arrested on suspicion of one crime, and then to show up in court and find out that you're actually accused of something completely different. In your case, the arresting officer picked you up on suspicion of possession of a "dangerous drug". 11377 is usually meth, but it can also be for ecstasy, mushrooms, PCP, etc. 11350 is usually heroin or some other opiate drug.

    Don't worry about 849(b)1. That's just the code section that deals with the procedures that police follow when they're applying for arrest warrants.

    As for the delay, it's also very common for defendants to appear in court on the date and time that they were told to appear, and to find out that the DA is not ready for them. This has been happening more and more frequently these days because of budget cuts in the courts. It doesn't mean you're off the hook, it just means that the prosecutors need more time to get their act together. Show up on 2/8/11 and find out what you're actually accused of.

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  • My formal probation expired today, 1/25/2011. I had been reporting to a kiosk for the past year. Will I be notified?

    My court date was in October, 2010, and the judge said my probation would not be extended. The date on the note before going for the expiration was 1/25/2011. I have a restitution balance and the judge said it would convert to a civil judgement....

    John’s Answer

    You should walk into any courthouse in the county, find the "criminal clerk's office" or the "enhanced collections division" and ask about arranging a payment plan for your restitution.

    If you've been paying restitution through the probation dept., your PO might also be able to get you squared away. Good luck and congratulations on successfully completing your term of probation.

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  • I have a question about a hit and run

    I rear ended a car and left the scene I was scared and panicked. I have a drivers license and insurance but I had never been involved in a car accident and I don't know why my reaction was to leave I guess someone got my license plate so the polic...

    John’s Answer

    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 strategy (which might not be the best strategy for you, depending on the unique facts of your particular case. Your attorney will be in a much better position than I am to give you any advice.): I like to stretch these things out as long as possible by asking for a couple continuances. By the time your attorney approaches the victim and asks for a Civ Comp, it might be 6 months since the accident. This gives the victim plenty of time to cool off. Hopefully by the time decisions need to be made, the victim doesn't harbor any hard feelings and he or she is more willing to forgive and forget.

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  • Where do I get a Marsden Motion document?

    I need to fire my Bar Panel Attorney because she said I am guilty allready and we haven't had the trial yet and she says i am guilty.

    John’s Answer

    P.S. on my previous post:

    The book I mentioned is expensive (probably in the $200 range, I don't know), but you can view and photocopy in sections you want if you walk into any public law library. If you find yourself in a law library, ask the research assistant if he or she can recommend any other books of criminal forms / template motions. I just recommended the one I did because it's the one I use.

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  • I was arrested with paraphenilia, and im being charged with 11377 for posesion, what should i do?

    shouldn't i be charged with paraphenilia instead of posesion for the insignificant amount that was within it?

    John’s Answer

    As the previous poster noted, to be found guilty of 11377, the prosecution must prove that you were in possession of a "usable amount" of meth. As you're aware, the residue lining the inside of a glass pipe can get you high and, under some circumstances, may be considered a "usable amount".

    Depending on your criminal history, you might be eligible for some form of diversion. If you're granted diversion, you will be ordered to take some classes and stay clean for period of time. After you successfully complete those classes and do whatever the judge tells you to do, the whole case will be dismissed like it never happened.

    The exact mechanics of the program you are assigned to will depend on your history, as mentioned. On Prop 36, for example, you are on probation while you take your classes. On PC 1000, you are not on probation.

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  • Where do I get a Marsden Motion document?

    I need to fire my Bar Panel Attorney because she said I am guilty allready and we haven't had the trial yet and she says i am guilty.

    John’s Answer

    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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