Edward Ray Flores's Answers

I have heard negative things about public defenders, but Im sure there are some really good ones.

I worked as a senior prosecutor in Orange County for 12 years, trying many cases against deputy public defenders and private lawyers. There are some very good public defenders and there are some that are not so good. There are some very good private lawyers and there are some that are not so good. The difference is that you get to choose your private lawyer. You do not get this luxury with a public defender -you get whoever is assigned to your case. That being said, I have never seen a...

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Can I avoid going to jail for shoplifting with a prior?

The short answer is that you can go to jail for the second offense, just like you could have gone to jail for the first offense. The police are not in charge of sentencing so I wouldn't worry about what they told you. The only way they are charging it as a felony is if they submit it as a burglary which is punishable as state prison. Not likely you will get this type of sentence. They probably are charging it as a petty with a prior (666/488). It is not likely, based on the facts you...

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Unknown charges

I agree that you should check out the website. The other option is to go to the courthouse and check the traffic window. If you are certain there is no criminal charge against you, did you fail to pay the fine or appear on your ticket? This could have caused a filing for failing to appear. This can usually be very easily cleared up by paying the fine itself and showing proof to the court that the fine was paid. (It helps to have lawyer go in on the failure to appear just in case the judge...

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I received a subpoena in the mail. What can happen if I don't show up?

What will happen depends upon whether you have acknowledged receiving the subpoena. The District Attorney's office typically sends out subpoenas by mail. They simply do not have enough resources to personally serve each witness to a case. It is the DA's responsibility to follow up with each witness. If the victim really needs you and you have a relationship with this person, you may want to call the DA's office and place yourself on call. If you decide that you don't want to show up...

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If an investigator call you about a case should you speak to them or remain silent?

It is never wise to return this type of call without the advice of a lawyer. The problem with returning calls is that frequently the person being investigated says more than he or she intends, thereby causing further problems. You should contact an attorney immediately. Anything you wish to say an attorney can say for you without endangering your privilege against self incrimination.

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I need to find out if the DA in my state(CA) & county(Orange) is compounding a case against me. Or any sort of proceedings

If they searched your residence, they very likely had a warrant signed by a judge. Within that warrant was a statement of probable cause - in other words, facts that they believe showed that some criminal activity was afoot. These facts were reviewed by not only a judge but very likely the DA here in Orange County to determine if there was enough probable cause to issue the warrant. In other words, they believe based on some objective facts that you are involved in some crime. You must see...

Charged with felony-first offense. What to expect?

Any time a person is charged with a felony there is a real possibility of jail time. If he has never been in trouble before, he is a good candidate for probation and possibly can avoid jail time. If he is sentenced to jail, there is the possibility he can do weekends or community work program in lieu of jail time. It really depends on all the factors, such as the DA and the court as well as your husband. As far as lawyers go, if you really cannot afford one (in other words you have no...

Got arrested with a DUI an the officer assumed i was my brother since he found my brothers license in my car

It could be considered criminal impersonation or giving false information to a peace officer. This is a misdemeanor and could be dismissed depending on the facts of your case. Did they ask you your name? Did you give them your brother's name? Did they ask you for your ID or simply take one they found in the car? I am presuming that you had no other ID on your person. If you have not appeared for your first arraignment you can clear it up in court by giving your real name. You should not...

I went to check in for probation and found out i have a bench warrant. what should i do?

How did you find out you had a warrant? If your PO told you this and did not arrest you, that is a good starting point. It sounds like you owe restitution but are struggling to afford it. If the warrant is for failing to pay restitution, then you have recourse. You should see an attorney to help you through this. The attorney will ask for a hearing with the court to modify your restitution payments. Be prepared to show how much you are earning and what your debts are so the court can make...

Help! I just recieved a ticket with cvc 23140 (CA) 20 years old!

The legal limit for a DUI is .08 and the code section is 23152. VC 23140 is a zero tolerance law for persons under age 21, meaning that if you have a blood alcohol concentration of .01 or higher your license will be suspended for 1 year. The first thing you must do is request a DMV hearing within 10 days from the date of the date your temporary license was given to you by the police officer. If you fail to do this the suspension will take effect without a hearing. A hearing may or may not...