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Jeffrey Donald Kent
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Jeffrey Kent’s Answers

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  • Can a 17 year old leave the house without permission as long as their home before 10 pm and not get the cops called on them ??

    The parent calls the cops the second teen doesnt do as they say.

    Jeffrey’s Answer

    Unfortunately, Anaheim Municipal Code section 7.12.030 imposes a curfew prohibiting minors from being out in public between 10:00 p.m. and 5:00 a.m., unless accompanied by a parent or guardian. Anaheim is also amongst the strictest cities for enforcement of its Municipal Code in Orange County. The City of Anaheim goes so far in enforcing its Municipal Code that it is the only city in Orange County that prosecutes all misdemeanors in the City of Anaheim, while every other city in the county has the District Attorney's Office handle their misdemeanors.

    That being said, these offenses are often handled informally through the Orange County Probation Department, and rarely result in convictions.

    Best of luck.

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  • There is a question asking"have you ever been convicted as a felon or misdemeanor. how do i go about answering this?

    back in 2003 i was convicted of a felon penal code 11379(a) h&s transportation of controlled substance. and a misdemeanor charge for driving under a suspended license. my charges were later dismissed end of 2008 of my probation, upon completion i ...

    Jeffrey’s Answer

    I agree with Mr. Kaman, that Health & Safety Code section 11379(a) is a straight felony and cannot be reduced to a misdemeanor. Unfortunately, the court was correct. You did get this expunged pursuant to Penal Code section 203.4(a), but that has serious limitations. Although can legally answer you have never been convicted of the offense, after it has been expunged, there are several important exceptions: 1) Applying for state or local license, 2) Application for public office, and 3) Contracting with the California Lottery. The big problem I see with people applying for jobs in the public area is that many employers now do background checks, and don't understand what expungement is or how to interpret it. Employers see the charge, often times have no idea what expungement is, and then never call you for an interview because they perceive you have lied. Although this is wrong, improper, and violates the Faiar Employment Act, you don't always no the reason you were not called in for an interview or a second interview. Therefore, I recommend disclosing the conviction, and indicate that it has been expunged and your rights - with certain exceptions - restored.

    Best of luck.

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  • My 19 year old son was arrested for felony vandalism.

    He and his College roomate threw water bottles off the balcony of his dorm and hit the door of a car. The owner pressed charges. He has contacted the owner of the car and apologized and offered to pay to fix it. The car owner has accepted his a...

    Jeffrey’s Answer

    I agree with Erik, that it is possible to keep this from being filed, or even get it dismissed once it's filed. Penal Code sections 1377 & 1378 allow for civil compromises of misdemeanor matters. For vandalism, that is damage causing less than $400.00. However, the victim requesting no prosecution and being made "whole" by way of restitution will go a long way with the prosecutors office.

    Best of luck.

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  • If you have a warrant for 105,000 for not doing jail time (violation of probation)

    you already have been citated out once by Riverside County, now another county citated you out with a court date on April 4th, but the person doesnt plan on going at all to the court date, this will be the 3rd time in this case for failing to do a...

    Jeffrey’s Answer

    From the question it appears that the defendant has been arrested twice for the warrant out of San Bernardino County and failed to appear the first time, and is planning on failing to appear the second time. The warrant will remain out and will likely increase in amount. Some counties cite people out on warrants below a certain dollar amount, depending upon the underlying charge and reason for violation. However, the issuing county, in this case San Bernardino, will have the matter calendared for the April 4th date, and when the defendant does not appear, will likely, either raise the bail, or issue a no-bail warrant.

    This will not just go away. No time is a good time to go to jail, but there are worse times than others. In other words, the defendant wants to get this resolved. For example, if the defendant gets a new job, has a child, etc. it would be much worse to be picked up and have to do the time under those circumstances than when someone may be between jobs, etc.

    Best of luck.

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  • Criminal

    I am applying for an assisted living caregiving position in a residential home. i have a petty theft charge that i only had to do community service and the case is now closed. currently i have 2 open traffic infractions that i am paying off. i did...

    Jeffrey’s Answer

    I highly recommend that you expunge the petty theft conviction. Otherwise, it can cause you problems with licensing, bonding, etc. You can see the Legal Guide I wrote below for further information. Otherwise, the traffic infractions should have no effect whatsoever, unless they have gone to warrant. As far as passing a background check, that is specific to the position, employer, etc. who is conducting it. You do however, want to expunge the petty theft, as it is a crime of moral turpitude.

    Best of luck.

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  • Petition to seal & destroy arrest record PC 851.8

    My conviction date was 6/1999 and was dismissed by PC 1203.4 on 4/2008. I filed for PC 851.8 on 11/2010. PC 851.8 was denied on 1/14/2011 stating "case was dismissed pursuant to PC 1203.4 therefore defendant is not entitled to relief under PC 851....

    Jeffrey’s Answer

    • Selected as best answer

    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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  • What is the charges for minor pety theft 2nd offense

    My son Stole A track Bike and Got Caught this is his second pety theft offense what are the consequences

    Jeffrey’s Answer

    Joe, you are absolutely correct ad to the changes in the law. Thanks for reminding me!

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  • What is the charges for minor pety theft 2nd offense

    My son Stole A track Bike and Got Caught this is his second pety theft offense what are the consequences

    Jeffrey’s Answer

    I'm not certain what a "track Bike" is, or what it's value may be. However, that being said, if the item is worth less than $400.00, it would be considered Penal Code section 488 (Petty) theft, a misdemeanor. You indicate he has a prior conviction for the same. If he did "jail time" on the prior offense, even being booked into jail counts, then that offense can be used as a prior pursuant to Penal Code section 666 to make the would-be misdemeanor into a felony charge,where your son could theoretically serve up to 3 years in state prison. I say theoretically, as I have never seen someone actually go to prison with no record, but for 2 petty thefts. However, if the item is over $400.00 in value, then it can be charged as a grand theft purtsuant to Penal Code section 487, and that, in and of itself, may be a felony, with 3 years of prison exposure. Depending on where your son stole the item, the offense may also be charged as a burglary, pursuant to Penal Code section 459, whcih can be a misdemeanor or felony, if it is a commercail structure, and is a very serious felony, if a residential burglary.

    I highly remommend that you consult with an experienced criminal defense attorney.

    Best of luck.

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  • If I had a withdrawl plea in 2008 for PC 487(A) (charged as a mis) in California can I get that exspunged?

    If so, what are the steps in getting that done? If I cannot, how long will that be on my record?

    Jeffrey’s Answer

    If the plea was withdrawn and the charge ultimately dismissed, this is better than an expungement. You can say you have never been convicted of that crime, as the charges were dismissed. If it was a conviction, you could have it expunged, but you would still have to divulge it when applying for state or local license, public office or contracting with the state lottery.

    For more information, you can read the legal guide I wrote regarding expungement at the link below.

    Best of luck.

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  • What is bail forfeiture on a traffic ticket? and also if you did traffic school and it says case closed what does that mean?

    I recentlt got a speeeding ticket and paid it. I also completed traffic school online, all before the due date. Now when I look up the citation online it says case closed and bail forfeiture. Does this mean thst the traffic school wasnt accepted?

    Jeffrey’s Answer

    It appears that they did not receive your proof of completion of traffic school. Bail forfeiture on a traffic ticket is synonymous with a guilty plea and a fine paid. It usually occurs when someone sets a case for trial and doesn't show up, or requests traffic school and does not complete it. It will cause a point to appear for DMV purposes. I recommend that you take your proof of completion of traffic school to the clerk of the court and see if they can rectify the situation. If they cannot, you can request to see the judge in order to resolve the issue.

    Best of luck.

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