Jay Carl Stoegbauer’s Answers

Jay Carl Stoegbauer

Fullerton Criminal Defense Attorney.

Contributor Level 7
  1. At the first court hearing ( criminal ). I asked to see the discovery , Then my public defender said to me he dont have time !!I

    Answered over 1 year ago.

    1. Karren Melinda Kenney
    2. Jonathan Hackworth
    3. Elliot Rahmim Zarabi
    4. Jay Carl Stoegbauer
    5. Frank Mascagni III
    6. ···
    6 lawyer 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.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. I shoplifted yesterday, taking to jail and bailed out, how can i get out from serving jail time if i'm guilty?

    Answered over 1 year ago.

    1. Karren Melinda Kenney
    2. Joseph Briscoe Dane
    3. Andrew Stephen Roberts
    4. Daniel C Grupenhagen
    5. Elliot Rahmim Zarabi
    6. ···
    7 lawyer answers

    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.

    6 lawyers agreed with this answer

  3. My spouse was accused of a 288 crime. What happens if we received a note from the victim stating that it was all a set up?

    Answered 7 days ago.

    1. Jeffrey Robert Lawrence
    2. Brian K Wanerman
    3. Michael Douglas Shafer
    4. Michael Anthony Hernandez
    5. Michael Kevin Cernyar
    6. ···
    8 lawyer answers

    Have your spouse seek counsel immediately. THis is a very serious issue and your spouse needs to get off the sex offender registry. I agree with the other attorneys that more details need to be vetted. Who wrote the note? Is the child willing to give a statement with adequate protection? If your story is true, it is one of those travesties that sometime happen and are a bruise to our justice system. You may want to contact the Innocence Project. I know they deal with death penalty cases, but...

    3 lawyers agreed with this answer

  4. My wife lives at her dads house, he does not want me in his house, is it a crime to be in his house if she invites me in?

    Answered 4 days ago.

    1. Jay Carl Stoegbauer
    2. Joseph Briscoe Dane
    3. Alfred M. Freitas
    4. Greg Thomas Hill
    4 lawyer answers

    In my opinion, with the limited facts presented so please do not take this as a definitive answer, and as you know, by answering this question I am not establishing an attorney-client relationship, there is a legal answer, and a practical answer to this question. Legally, if Dad and/or your wife does not have a restraining order, and if your wife is a valid resident and she invites you in, you have the right to enter. Practically, when Dad calls the police, you never know how they will...

    Selected as best answer

  5. How do I get a Marsden Motion in the State of California

    Answered over 4 years ago.

    1. Jay Carl Stoegbauer
    2. John M. Kaman
    2 lawyer answers

    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...

    Selected as best answer

  6. Am I allowed to ask for all court minutes and police reports when fight a criminal case and want to take it to trial?

    Answered 4 days ago.

    1. Robert Matthew Cargal
    2. Michael Anthony Hernandez
    3. Matthew Murillo
    4. Amber H Lunsford
    5. Jay Carl Stoegbauer
    6. ···
    7 lawyer answers

    My opinion is that your fiancé should seek the help of an attorney. If he is representing himself, he would be able to get copies of the police report and any other discovery, (evidence) the District Attorney has. He may need to file a motion with the court. Something very east for an attorney to do, but probably not a familiar thing for your fiancé to do. As far as the minutes, depending on which county the case has been filed in, they may be available at the county court website. I cannot...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Should I get a public defender vs. private attorney for DUI case?

    Answered 3 days ago.

    1. Joseph Briscoe Dane
    2. Michael Anthony Hernandez
    3. Julia E. Simmons
    4. Zaheer A Shah
    5. Vijay Dinakar
    6. ···
    7 lawyer answers

    I have high respect for most Public Defenders. The problem is that they have very high case loads, and may not have the time to delve into the details of an individual case, so if you can, I would recommend a private attorney. I am not sure what yo mean by "it reached 0.08," but if that was your blood alcohol level the presumption will be that you were under the influence, and then your attorney, (whether a Public Defender or private attorney), will need to look at the details to come up...

    1 lawyer agreed with this answer

  8. I have an arraignment coming up next week for a misdemeanor, when can I obtain the police report?

    Answered 5 days ago.

    1. Joseph Briscoe Dane
    2. Andrew Stephen Roberts
    3. Brian K Wanerman
    4. Kevin Samuel Sullivan
    5. J. Denise Carter
    6. ···
    7 lawyer answers

    The police report and any other evidence should be provided by the District Attorney's office at the arraignment. However, if you have an attorney, (or Public Defender), it will be provided to them. They can then share the information with you. If you choose to represent yourself, (which I HIGHLY do not recommend, your liberty may be at stake and there is a reason that attorneys spend time learning the law and mastering their craft), you can receive the discovery.

    1 lawyer agreed with this answer

  9. My husband was charged with pc29800a! The gun was not in actual possession just in a car he was in! What's the law?

    Answered 7 days ago.

    1. Jeffrey George Moore
    2. Scott Harman Heitmann
    3. James Roy Dickinson
    4. Jay Scott Finnecy
    5. Jay Carl Stoegbauer
    5 lawyer answers

    Was it his car? Was the gun under the driver's seat? Was it within his reach, if so, it is probably constructive possession. His prior convictions are not going to help him. If he is currently on probation, that is probably a probation violation. Bottom line is he needs an attorney post haste!

    1 lawyer agreed with this answer

  10. How big a mess is this?

    Answered 16 days ago.

    1. John Joseph Hillenbrand
    2. Mark K Khalaf
    3. Latanya Sewell
    4. Brian K Wanerman
    5. Jay Carl Stoegbauer
    5 lawyer answers

    If the police were involved in the 2nd DUI there is a good chance that the Santa Clara county parole officer will find out, and because there was an injury, the likelihood of just letting it go is reduced. THe timeframe from February 2014 to today, in terms of the District Attorney's office is not that long, so my first analysis is that this matter is simply not going to go away. Your friend may want to come clean with his parole officer, sometimes hiding things make things worse. He should...

    1 lawyer agreed with this answer