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Joseph Briscoe Dane

Joseph Dane’s Answers

11,096 total

  • What to do if attorney has gone unresponsive.

    I had an attorney on this case, and he has gone unresponsive, not returning phone calls or emails. I cannot get in touch. About a month ago we filed an amended complaint per a demurrer. 30 days have passed and the defendants have not filed a re...

    Joseph’s Answer

    If you want your attorney to respond, a letter send return receipt requested so you can prove they got it indicating is your first step. Lay out how many times you've been unsuccessful in reaching them and ask that they contact you within 72 hours of receipt of your letter or you'll have no choice but to file a complaint with the State Bar for abandoning their client.

    That should get their attention and a response.

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  • Why did the District attorneys office send my case back to the sheriff's department?

    I went to court this morning for a pc 211 charge That Happen in the beginning of October and they told me they sent my case back to the sheriff's department .

    Joseph’s Answer

    One of two reasons:

    1. It was rejected and they won't be filing charges against you.

    2. It was sent back for additional information, investigation or clarification before the DA can make a final decision on whether or not to file charges.

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  • What happens if I can't make my bail payment plans that was scheduled.

    On November 18th 2015 a friend posted my bail and so I am out on bail. He paid only 1% of $75,000 which is $750. I was supposed to pay additional $750 last week and another $750 in about a week from now. In addition my monthly payment amount is...

    Joseph’s Answer

    The bail bonds company has the option of taking you back to court and surrendering you on the bail. That means they get their bond back that they posted on your behalf and you go into custody. Either find out a way to make payments or plan on going into custody if they will not work with you on the price or payments.

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  • Can a D.U.I charge be dropped if the C.H.P officers did not read someone their Miranda rights?

    I have a friend who was rear ended on the freeway and ended up crashing her car, the other car kept driving and left the scene. The highway patrol came and arrested her but they did not read her, her Miranda rights and they also tried to tell her ...

    Joseph’s Answer

    Perhaps one of the biggest myths out there. Just because you/they weren't read their rights doesn't invalidate the whole case.

    Any Miranda violation, if there was one, would result in any statement taken in violation of Miranda to be suppressed. If there is sufficient evidence without the statement, the case can proceed.

    I'll tell you that almost every DUI arrest does NOT involve Miranda. The statements during the investigation are during a detention when a person is not in "custody" for the purpose of triggering Miranda warnings.

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    Joseph’s Answer

    You face an uphill battle in any lawsuit against a government agency such as this - they have qualified immunity.

    But to answer your question regarding what type of attorney... a civil rights attorney with experience in filing lawsuits against CPS and government entities.

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  • Should I stipulate to having a Judge pro tem (a county commissioner) hear my case? What if I want a real Judge?

    Can I request my case be heard by an actual Judge? Can my request be made after my case has started? I never signed any paperwork agreeing to a Judge Pro Tem. I was out of the courtroom, at the clerk's window, when the bailiff explained about t...

    Joseph’s Answer

    Appearing before a Temporary Judge, assuming you were given notice (it can be verbal notice or a sign on the courtroom doors) may be taken as failure to object and therefor acceptance of the Temporary Judge.

    There are some proceedings where a Commissioner has authority and you don not have to stipulate to them hearing the case. Others require stipulation (or at a minimum a failure to object BEFORE the matter is heard).

    It may be worth your time and money to buy an hour's time with a good local attorney that handles these types of cases to at least discuss options. You don't necessarily have to hire them to take over the case if you don't want, but procedural questions like these will need further discussion beyond just a simple online question and answer.

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  • Just beat a case that's 9 yrs old would like to sue the state for defamation of character.

    I was fighting a child abuse allegation and beat the case but lost jobs and wages due to this case being pending for 9 yrs I would like to sue the state if I could want to know if I have a case or not

    Joseph’s Answer

    Unless someone intentionally filed charges against you KNOWING they were false.... or they did something intentionally to deprive you of your civil rights (hiding or destroying exculpatory evidence on purpose, etc.), then there's no lawsuit there. They believed in the case and filed charges. You won. Congratulations, but just because you were found not guilty or the case was dismissed doesn't mean that somebody can or should be sued.

    Aside from that... there are likely issues of prosecutorial immunity that prevent such a lawsuit.

    And aside from that... there are likely statute of limitations problems to pursue anything at this juncture.

    If you're still interested in pursuing some type of legal action, make an appointment and discuss with a civil rights attorney. Don't get your hopes up though.

    If you feel you are innocent - not just the case resolved in your favor, but innocent, you can talk to your lawyer about a petition for factual innocence to seal and destroy the record of this case. It's your burden to prove innocence.

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  • Goodmorning is there a way i can sue my school district for now giving me a copy of my diploma

    i was applying for my immigration form but i didn't get it because i did not give them a high school diploma. i lost it when i moved to a new house. i went to my school district and they said they can not give me a copy. im seeing if i can take le...

    Joseph’s Answer

    I'm not sure how this has escalated from a request for a document to considering a lawsuit...

    If you're talking about the diploma itself, they may not have a copy to give you. If you need to prove you attended or graduated high school, there are other documents besides the diploma to prove that...

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  • Should I file police for threatening?

    I've got into a small conflict at a grocery store with one of the supervisors. After not solving a problem she took a bag and starting going away and I bumped into her with an infant stroller. On accident but I admit I was frustrated. Then she g...

    Joseph’s Answer

    From what you wrote, it could easily be turned against you. It looks like tempers got out of control on both sides, but my personal opinion is to just walk away from this one. You don't want to find yourself on the wrong end of a criminal complaint because you tried to file one against them.

    Let it go. Just my humble suggestion.

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