Yes, charges could be filed if the District Attorney decides to do so. The best short-time advice for the two of you is to refuse to discuss the case with anyone – including the girl, her family, or the police. If the police come to her and act like they want her side of the story and express doubt that the girl is telling the truth, don't be fooled. The police do this often in an effort to get the suspect to open up and trust the police. Also note that if the girl or one of her family...
Regardless of whether the DUI conviction is removed, it can be charged as a prior conviction for 10 years. It can also be considered for a variety of purposes - e.g., state licensing, etc. It will theoretically remain on your criminal record forever, with a notation that it was "dismissed" if you are able to get it expunged. Nevertheless, removing the DUI from your record does have some beneficial aspects to it, including the ability for you to say "no" when asked by a private employer if...
The prior answer explains the "worst case scenario," which is certainly important. But it is also true that many first-time juvenile offenders receive diversion, either from the probation department or the court. An attorney can help achieve this result in some situations.
There are a number of ways that you can seek to vacate the plea agreement. It is usually very difficult to do, but it is certainly possible depending on the facts of your case, and whether you were represented by incompetent counsel.
Most criminal attorneys offer free consultations. Your question really requires a consultation since there are way too many facts that an attorney would need to offer you any meaningful guidance.
Brian (Tustin criminal defense attorney)
You can be fined a maximum of $20, with the addition of penalty assessments on top of that. The total amount will be around $60 or so.
The DMV does not add a point for this violation.
The fact that your device broke shortly before the offense is not a defense.
An interesting note is that minors (<18 years old) are not permitted to drive while speaking on the cellphone, even with a handsfree device. This is set forth in Vehicle Code section 23124.
Good luck and drive safely,
I can't imagine many situations where a finding of factual innocence would be made if you pled guilty to the offense or were convicted at trial. It is theoretically possible, I suppose, but the petition should be denied if there is reasonable cause that you committed the crime – regardless of whether there is proof beyond a reasonable doubt.
To become a criminal lawyer in California, a person must first pass the bar. This happens after graduation from law school. Law school lasts for 3 years for a full-time student, and four-years for an evening program. At least one program in the country (Southwestern in Los Angeles) offers a two-year program.
Most law schools (but not all) require a bachelor's degree (typically a four-year program) as a condition of admission.
I was a prosecutor for 13 years before entering private...
The forms used in Orange County are found below, along with instructions. You can do this yourself or with the help of an attorney.
The fee is actually $120.00. The $60 fee referenced in a prior answer applies to misdemeanor convictions, not felonies.
Best of luck to you --
It is true, as the prior answer states, that you could file a petition for a finding of factual innocence. However, these motions must be denied unless there is no reasonable cause to believe you committed the offense. This is a VERY difficult test to meet. In many cases, reasonable suspicion exists even though the defendant's guilt was not proven beyond a reasonable doubt.
Robbery can be punished by 2, 3, or 5 years in state prison, assuming there are no other charges or enhancements alleged.
But note that a judge is not required to sentence someone to prison for robbery. (Again, this could change if certain enhancements are alleged.) A judge may impose probation and order a defendant to serve time in jail (generally up to a year) as a condition of that probation, and as an alternative to a prison sentence.