Jay Carl Stoegbauer’s Answers

I know many public defenders who are very good attorneys, however, they have tremendous case loads and often do not have time to give great service to their clients. My office is in Fullerton which is very close to you and I would be happy to discuss this matter with you.

This is not the end of the world for you. You made a mistake. My office is in Fullerton, very close to you and would be happy to discuss this matter with you.

You need to communicate with the court, not the District Attorney. Understand however, that the court has discretion, and will not grant the Marsden motion simply because you and your Public Defender do not get along. Be prepared to cite very specific details of inadequacies. Practically speaking, you might ask to speak with your Public Defender's supervisor. If you cannot calendar a Marsden hearing before your trial readiness conference, let the Judge know of your concerns during the...

Please contact an attorney and show him or her the video. After seeing the video, an attorney can negotiate with the District Attorney's office, and possibly alter and/or get the filing dismissed.

From your posting it is hard to determine what is going on. My best guess as far as the matter set for compliance, (and this is a best guess without having the citations or other charges that resulted in the informal probation in front of me), is that you need to show that you have rectified the expired license, and show that you are now in compliance with having a valid drivers license. Please understand that this is a general legal opinion, based on the laws of California where I am...

No matter what the officer told your son, I am quite certain the ticket does not state that your son was cited for flipping the bird to the officer! (That in fact is not an infraction). I would suggest that your son set the matter for trial. If the officer does not show up, the case will be dismissed. If the officer does show up, your son can testify that the officer gave the ticket in retaliation, (probably will not fly, but worth a shot). If your son is eligible for traffic school, I...

Only the District Attorney can prosecute a criminal case. The District Attorney is charged with represented the People of the State of California. A private citizen cannot hire an attorney to prosecute a criminal matter. On the other hand, a private citizen also cannot prevent the State, (through the District Attorney) from prosecuting a case even if the private citizen does not want to "press charges."

DO NOT SPEAK TO ANYONE WITHOUT AN ATTORNEY PRESENT! The police will probably try to make you believe that they are your friends, and just want some information, but anything you say to them voluntarily can be used as evidence against you. Law enforcement detectives are very well trained in obtaining incriminating statements. The Constitutional right to remain silent is very important, and my suggestion is, no matter what the investigation is, if there is any chance that you are going to be a...

In order to be charged with any criminal allegation the prosecution must show probable cause. In California, (where I am licensed), the defendant is entitled to a preliminary hearing, where the judge decides if there is probably cause to proceed to trial. The standard of proof here is "reasonable suspicion," which is a tremendously low standard, and it is a rare occurrence to have charges dropped for lack of probable cause.

By all means you can remove his name from the deed. The pertinent question is whether there is equity in the property. If there is, the bankruptcy trustee may look at the removal as an attempt to defraud creditors. Generally, any transfer of interest in property with value after filing, (or within a reasonable time before filing) a bankruptcy is looked at with close scrutiny. I am in practice in California, and while bankruptcy is a Federal matter, each federal jurisdiction has subtle...