Joseph Briscoe Dane's Answers

What do i do....??? Received a letter from the Neal C. Tenen Law Corporation.....

That law firm is one of several that contract with retailers to do exactly what they're doing: send out intimidating letters to try to get you to pay money after an accusation of theft. Their demand letter has nothing to do with criminal charges - not paying it does not mean that they criminal charges will be filed, nor does paying mean that no charges will be filed. In reality, these firms rarely, if ever, file a civil suit. Why? Because the cost and hassle of doing so isn't worth it...

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Can I ask the court to change my court day?

Your attorney can possibly advance the case, but you must be present. Discuss this with your attorney - I'd the case is not filed by your arraignment date, there is nothing to appear on.

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Spitting on my boss

The arraignment judge (the first on your case will be in front of) will accept two basic pleas - not guilty or guilty. A guilty plea will guarantee a criminal record. The judge won't listen to your explanation - that isn't their role. They may make you an offer if you were to plead guilty, but they will not engage in discussions at that time. Instead, your attorney will engage in discussions with the DA and/or the judge if there is a resolution to be had... Or to fight on your behalf....

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Should I ignore my civil demand letter?

If you read previous answers here on avvo, you'll see that the overwhelming consensus is to ignore the civil demand letter. Could they sue you? Yes. Will they? Highly unlikely. Assuming they recovered the merchandise and put it back on the shelf to be resold, they really aren't out any money. The civil demand is authorized by law, but typically it's all bark and no bite.

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In California can a involuntary manslaughter charge be upgraded to 2nd degree murder during trial?

I can only assume you're talking about the recent preliminary hearing of Dr. Conrad Murray and the Michael Jackson case. The judge's ruling is based on what was presented at the preliminary hearing. They listen to the evidence, then based on a probable cause standard, make a determination if there is sufficient evidence to hold the defendant for trial. Their ruling is typically based on what charges are filed by the prosecution. The prosecution files whatever charges they think they...

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What does this mean: Assault with A Deadly Weapon other than firearm OR GBI? The main focus of my question is the "or" section?

245(a)(1) can be charged in two different ways - assault with a deadly weapon other than a firearm OR assault by means of force likely to produce great bodily injury. If charged as assault with a deadly weapon, it can be a strike offense. The "force likely" theory is not a strike unless great bodily injury is actually inflicted. The defense should clarify this point as the case progresses, since the outcome and future implication differences are huge.

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Facing two felony charges of 2nd degree burglary in the state of CA

Nobody can predict an outcome without knowing anything about the case except the charges. He faces a maximum of 3 years, 8 months in custody, but what anyone actually gets by way of sentence depends on: Can they prove the charges against him? What are the facts? What defenses (both legal and factual) are available? What mitigation facts are present? What was the actual loss, if any? Has restitution, if any, been paid? Etc. Every case is unique. What I will say is that just...

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In a DUI misdemeanor first offense, are the consequences worse if you blow higher than a .20 bal?

For a first offense with no accident, I you're over a .20%, it can increase the alcohol program from a standard 3 month to a 9 month. That is something your attorney can potentially negotiate down, along with your other standard DUI defense that may be possible in your case.

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What is my punishment for what I have done?

A couple of things: First - the store doesn't "press charges". That is up to the DA's office to decide. Since the police were called and you were cited, it's very likely you'll face charges in court. Next - they could make it worse for you by filing burglary charges if they think you entered the second store with the intent to steal, based on the stealing from the first store. And finally - marijuana pipes are not illegal under California law. Bottom line is: you need a lawyer to...

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DUI - suspended license

Sorry - you have to jump through the DMV's hoops again. They just need to verify the exact same information - current SR22, proof of enrollment in the alcohol program... and of course to extract another fee from you. You're eligible for the restricted, but it's not automatic. Go to the DMV to square things away. The last thing you need is to get caught driving while suspended. It's a mandatory 10 days in jail, an ignition interlock device and a large fine, not to mention it could violate...

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