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Moises Aguilar
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Moises Aguilar’s Answers

157 total


  • My friend has been arrested for pc 530.5 a and pc484g. Should I help her get counsel or would she be released on o.r.?

    The police have taken things from our apartment as "evidence". She is now sitting in the detention center.

    Moises’s Answer

    Your friend needs an attorney fast. The charges you described can easily be filed as felonies. Orange County is a "tough on crime" county. A good attorney can help put your best foot forward for purposes of bail by arranging a reduction of bail or maybe even an O.R. release. But aside from issues pertaining to custody, the charges filed against your friend can have some serious consequences now and down the road. Play it safe: sit down with a few of us local attorneys and explain your facts and circumstances in a private, confidential setting. Don't do it here on avvo.com because this is a public forum. Most of us give free consultations. Good luck!

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  • Prop 47

    Is a misdemeanor Domestic Violence and misdemeanor Battery charge something that would disqualify me for a prop 47 reduction for a drug possession 11350(a) charge?

    Moises’s Answer

    Nope. Fill out that petition and get yourself on calendar. It's a relatively straight forward process. You can also enlist the help of an attorney to assist. Most of us offer free consultations.

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  • Daughter 14 accused of molesting gddaughter 4. Under investigation. Can something be done b4 charges filed to help?

    Can't find anything re child on child molestation on internet. Adults should have Atty intervene at this point - I have read. Offering things to the grand jury and detectives. 2 atty's I have met with say no. Not sure how much experience they hav...

    Moises’s Answer

    To echo what both of my colleagues have stated, your daughter should not give any statements to any government agency regarding this case without the advice of a lawyer. You should retain a lawyer who is well versed in juvenile criminal defense to assist you and to act as the intermediary between your daughter and the investigating agencies. Your attorney will determine what level of interaction, if any, between your side and the government is appropriate. Most attorneys here offer free consultations. Get on the horn with a few of them. I don't practice much juvenile law, so I'm probably not your guy but there are plenty of good lawyers on here who have the experience you need.

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  • Can a California employer legally ask whether a candidate was ever CHARGED with a crime?

    The relevant question in the application form asks whether the candidate was ever charged with a crime. I was charged with petty theft, but it did not lead to a conviction. Instead, I won a dismissal, with the help of a good lawyer. Ie not an a...

    Moises’s Answer

    Attorneys vary widely in how they answer this question, as you can see. You could simply not answer the question; you could answer "No, per Cal Labor Code § 432.7(a);" you could answer "no;" or you could say "yes" and explain that it was dismissed. Each answer involves certain risks; certain pros and cons.

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  • If I choose jail over probation for a first offense DUI in Orange County, do I still have to complete a first offender's class?

    Do I have to still complete a first offender's DUI class to get my license back? Thanks.

    Moises’s Answer

    Yes, the DMV will require it before they reissue your license/reinstate your driving privilege.

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  • Hi, I got stopped at a DUI checkpoint, blew an 0.05. Blood test came back at 0.06. What should I worry about?

    I recently got my CA driver's license back from a set aside from DMV as well about a week ago. I was stopped at checkpoint after switching drivers near checkpoint (I was paranoid) which caught their attention. The blood test should have come...

    Moises’s Answer

    There is not much to do at this point other than wait for your court hearing. The police report and additional discovery will be provided to your attorney at your arraignment. If you cannot afford an attorney, the Court will provide you a financial declaration form for you to fill out and, assuming you qualify, they will appoint an attorney to represent you. The DA will not provide you with a copy of your reports unless you act as your own attorney, which is never advisable.

    The best course of action, of course, is to hire a local attorney to help you navigate through all of this. If the District Attorney's office decides to file (I've seen them file with BAC's as low as yours), you would definitely benefit from the assistance of a private attorney given your facts.

    Most attorneys here offer free consulations. Please feel free to contact me for a free, confidential consultation. Be careful about posting specific facts about your case as this is a public forum.

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  • If I was told to go to court for a DUI and they said they did not have my paperwork ready can I get my case thrown out?

    I received paperwork to show up at court on 8/1 for a DUI. After having to take a day off of work I was told they did not have my paper work and I should call back in 10 to 15 days. I am not happy because I already lost a day of work and if I wa...

    Moises’s Answer

    Unfortunately, the mere fact that the prosecuting agency was not prepared to proceed with your case on your citation date is of no real consequence. If your case is out of the Harbor Justice Center (I'm guessing this simply based on the fact that you're from Irvine), this is quite normal because they sometimes take several months to file DUIs. If you hire a private attorney, you won't have to worry about getting days off and sitting in court all day for nothing. Many of us on Avvo offer free consultations; can't hurt to call around and pick our brain.

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  • Do I need a DUI attorney? Can I avoid jail time.

    I received a DUI in 2009, went to all assigned classes, and completed them. In 2011 I lost my job and was unable to pay the monthly payment of my fine on time. I was arrested and went to court and my probation was reinstated. Two months later in ...

    Moises’s Answer

    You are facing a probation violation; sounds like it's [at least] your second one. Jail time is certainly on the table, especially since it appears you were already given a break. Even a small, unexpected jail sentence (showing up to hearing and getting taken into custody) could really disrupt your life, especially if it ends up costing your job. Contact one of us for a consultation. You might be surprised at how flexible and affordable some of us could be. You can't afford to go in there alone.

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