Jeffrey Donald Kent’s Answers

Jeffrey Donald Kent

Fullerton Criminal Defense Attorney.

Contributor Level 11
  1. I am on formal probation for a misdemeanor. Is Probation or an associate of them allowed to track my cell phone?

    Answered almost 4 years ago.

    1. Jeffrey Donald Kent
    2. Jeffrey Tyson Hammerschmidt
    3. Harry Edward Hudson Jr
    3 lawyer answers

    This would not only be a highly unusual term of probation, but one that in 18 years of practice, I have never heard of happening. There is no relation between the charge you are on probation for and any reason to track your cell phone. However, law enforcement may "ping" your cell phone through your cell provider upon a written affidavit from a law enforcement agency and some type of urgent reason for doing so. However, this has nothing to do with you being on probation. A separate warrant may...

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  2. Under p.c 1203.4 will i be able to seek employment

    Answered almost 4 years ago.

    1. John M. Kaman
    2. Jeffrey Donald Kent
    3. Andrew Michael Limberg
    3 lawyer answers

    I agree with Mr. Kaman 100%. Expungment is not what it appears to be. Although, it is definitely worth doing, I agree with Mr. Kaman's recommendation that you still disclose the conviction and let them know it has been expunged. In this day and age of readily available information - including criminal backgrounds - a future employer may do a background check and feel you lied, even though you may very well have been legally correct. I wrote a legal guide on this issue, and provided the link...

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  3. What does it mean in San Diego, CA to have " No Action Has Been Taken On The Case"?

    Answered almost 4 years ago.

    1. Jeffrey Donald Kent
    2. David Philip Shapiro
    3. Hussein Ali Chahine
    3 lawyer answers

    I am not certain what this language means in San Diego. However, this is common language used by prosecutors throughout the state. It may mean tat no charges will be filed. However, it can also mean that no charges are being filed at this time. Meaning that the prosecution could be sending the case back for my more information, or that the prosecutor is not filing at this time. A misdemeanor may be filed up to 1 year from when it occurred. Most felony charges have a 3 year statute of...

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  4. What does it mean when they say you have 10 counts?

    Answered almost 4 years ago.

    1. Jeffrey Donald Kent
    2. Ronald Daniel Hedding
    3. John Leif Fossum
    3 lawyer answers

    It sounds like you have been charged in a 10-count federal indictment. This means that a federal grand jury has found that there was probable cause you committed 10 federal crimes. Each charged crime is a count. They can be different, or some may be the same thing on different occasions or with different alleged victims. You mention it is a conspiracy charge, which mean that the government believes you entered into an agreement with one or more other individuals to commit a crime and that you...

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  5. Petition to seal & destroy arrest record PC 851.8

    Answered almost 4 years ago.

    1. Jeffrey Donald Kent
    2. Gerald Blank
    3. Scott Ryan Ball
    3 lawyer answers

    Penal Code section 851.8 is not just a universal vehicle to seal one's record. 851.8 is a vehicle for removing an arrest, booking, charging, etc. of someone who is then determined to be "factually innocent" of the charges. If you pled guilty, or were found guilty after trial, the best you can do is an expungement. You can also petition for a certificate of rehabilitation, but it will not seal and cause the records to be destroyed as a finding of factual innocence does. Best of luck.

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  6. When you are arrested what does indictment mean?

    Answered almost 4 years ago.

    1. Jeffrey Donald Kent
    2. Jason Chase Beahm
    2 lawyer answers

    There are two ways for one to be brought before the court in either a state or federal criminal case. The most common way is to be arrested and then have a criminal complaint filed against you. If that is the case, you then have the right to a preliminary hearing. This is a hearing when a magistrate, usually a judge, determines if there is probable cause for the case to continue. This is done after the judge hears testimony of witnesses in the case, usually law enforcement. If the judge found...

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  7. Jail time in lieu of probation

    Answered almost 4 years ago.

    1. Jeffrey Donald Kent
    2. Joseph Torri
    2 lawyer answers

    You have the right to object to a grant of probation by simply not agreeing to the terms. However, the judge can, and often will, sentence you to the maximum possible sentence. The maximum sentence on a 2nd DUI in California with no enhancements, is 12 months in jail AND a $1,000.00 fine, plus penalty assessment. If there were other charges along with the DUI which you pled guilty to (i.e. Driving on a Suspended License, Child Endangerment, etc.) you could be facing additional time. It is...

    4 lawyers agreed with this answer

  8. I realize formal probation and summary probation are different; but what about when it comes to expunging a conviction?

    Answered almost 4 years ago.

    1. Jeffrey Donald Kent
    2. Joseph Briscoe Dane
    3. Andrew Michael Limberg
    3 lawyer answers

    1203.4 or expungement is applicable to anyone the completes probation. It is mandatory that it be granted per the statute of one successfully completes probation with no violations, and otherwise discretionary. It does not make a difference if you were on summary or formal probation. However, if probation is still in effect, you would have to file a motion to modify probation per 1203.3, if you wanted to terminate probation early. If successful, you can then petition to have the matter expunged....

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  9. What is the percentage of time served?

    Answered almost 4 years ago.

    1. Jeffrey Donald Kent
    2. Anthony A Arzili
    3. Ronald Daniel Hedding
    3 lawyer answers

    Theft crimes, with the exception of strike crimes like robbery, allow for standard credits. Your daughter will earn 1/3 time credits, meaning that she should be released after serving 180 actual days, as that would be 180 actual + 90 earned for a total of 270 days. However, I sense that are referring to additional credits she may receive due to overcrowding in the L.A. County jail system. That is a question that is very difficult to answer, because there are no guarantees. It all depends on the...

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  10. I was arrested back at 12/17/2010 for swirving, got a DUI, blood came back BAC .02.

    Answered almost 4 years ago.

    1. Jeffrey Donald Kent
    2. Jason Chase Beahm
    3. Aaron Reuben Bortel
    4. Judith Michael Fouladi
    4 lawyer answers

    I would certainly NOT be considering pleading no contest or guilty based on the facts you have given so far. There is a big difference between the court and the DMV though. The DMV is only interested in suspending your license if your BAC was a 0.08% or higher at the time of driving. However, in court you could be charged with driving with a BAC of 0.08% or higher, and/or driving under the influence/while impaired The latter theory can be proven even if your BAC is below the legal limit, as...

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