Joseph Briscoe Dane’s Answers

Joseph Briscoe Dane

Tustin Criminal Defense Attorney.

Contributor Level 20
  1. Does entrapment still exist as a legal defense for jury trials? How does the jury react to these cases?

    Answered 9 months ago.

    1. Joseph Briscoe Dane
    2. Stephen Troy Allen
    3. Richard Wynn
    4. Victoria L Clemans
    5. Darryl Elliot Young
    6. ···
    7 lawyer answers

    Well, since the cases are over, it's all academic at this point, but... Does entrapment still exist. It's an affirmative defense, meaning the defendant bears the burden of proving by a preponderance of the evidence that they were entrapped. Entrapment is when law enforcement officer (or their agent) engages in conduct that would cause a normally law-abiding person to commit the crime. The examples from the jury instruction on entrapment include "badgering, persuasion by flattery or...

    14 lawyers agreed with this answer

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  2. 1st Time DUI...got pulled over for speeding, but no record on speed on documents/ticket. Will I get charged for both?

    Answered about 1 year ago.

    1. Wade J. Skalsky
    2. Joseph Briscoe Dane
    3. Kapesh Vithal Patel
    4. Hart Jasper Levin
    5. Joshua Matthew Dale
    6. ···
    7 lawyer answers

    On a first time DUI, there typically is no jail time unless they add enhancements for excessive speed or reckless driving. Can they also charge you with the speeding? Yes, but your attorney should be able to get that dismissed in a plea deal (should it get that far). Will they drop a first offense just because it is a first offense? Sorry - no. DUI is one of the most aggressively prosecuted and highly political charge out there. There may be defenses or other issues, so it's worth it...

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  3. MOTION PURSUANT TO PC 1538.5 - how many times can an attorney request this - then it goes to pretrail conference for a DUI - the

    Answered 10 months ago.

    1. Troy Slaten
    2. Joseph Briscoe Dane
    3. Michael Jon Fremont
    4. Andrew Stephen Roberts
    5. Amie Hamilton Beighley
    6. ···
    9 lawyer answers

    Ask your lawyer why it is being continued. You can run the motion once (typically) in a misdemeanor case.

    14 lawyers agreed with this answer

  4. If a defendant in a criminal case is diagnosed as an autistic person, can this person be tried normally or can they enter

    Answered 10 months ago.

    1. Andrew Stephen Roberts
    2. Michael Kevin Cernyar
    3. Joseph Briscoe Dane
    4. Miguel Amador
    5. Victoria L Clemans
    6. ···
    7 lawyer answers

    It all boils down to their level of function and whether or not they are competent to stand trial. Assuming they're competent, they would be treated as any other defendant.

    14 lawyers agreed with this answer

  5. WHAT ARE MY CHANCES OF FIGHTING MY DUI IF MY BAC WAS UNDER .08% BUT WAS STILL ARRESTED?

    Answered about 1 year ago.

    1. Mohammad Ali Salimi
    2. Joseph Briscoe Dane
    3. Anthony Michael Solis
    4. George B. O'Neill
    5. Joshua Peter Visco
    6. ···
    9 lawyer answers

    They will have to prove driving - and at the time you were under the influence. They will try to argue that because of the crash, you "must" have been under the influence. Whether they can really prove that depends on ALL the reports. If they took your license and gave you a pink temporary license, you only have 10 days to contact the DMV and request a hearing or they will suspend your license.

    14 lawyers agreed with this answer

  6. I have a public defender, already plea guilty base on his advice don't feel his helping me.

    Answered 8 months ago.

    1. Joseph Briscoe Dane
    2. Donald Gray Drewry
    3. Victoria L Clemans
    4. Andrew Michael Limberg
    5. Joseph Salvatore Farina
    6. ···
    11 lawyer answers

    If you have not been sentenced, you have to make a motion to withdraw your plea. You'll have to demonstrate "good cause". Remorse isn't good cause. You can either request that your public defender file the motion or if you believe part of your grounds to withdraw, you'll need a different attorney.

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

    Answered almost 5 years ago.

    1. Joseph Briscoe Dane
    2. Tami Leigh Diebel
    2 lawyer answers

    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...

    1 lawyer agreed with this answer

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  8. Is there any possibility that I can get into a diversion program and have this not to be in my record? what should i do?

    Answered 9 months ago.

    1. Joseph Briscoe Dane
    2. Andrew Stephen Roberts
    3. Dan Eugene Chambers
    4. Michael Kevin Cernyar
    5. Michael David Kern
    6. ···
    8 lawyer answers

    Very possibly. Your age, the relatively low dollar mount work on your favor. First - look for an attorney. You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard. Second - do NOT go in for booking if the police requested you to do so. Third - should you get a civil demand letter, don't pay it without discussing it with your lawyer. That letter may have been...

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  9. Ok how much will the cheapest attorney cost to GUARENTEE the camera light ticket gets dismissed

    Answered 8 months ago.

    1. Joseph Briscoe Dane
    2. Joshua Sachs
    3. Brian K Wanerman
    4. Andrew Stephen Roberts
    4 lawyer answers

    It is unethical for an attorney to do a contingency fee arrangement on a criminal case (including traffic).

    13 lawyers agreed with this answer

  10. Is an expungement for a misdemeanor worthy?

    Answered 9 months ago.

    1. Greg Thomas Hill
    2. Joseph Briscoe Dane
    3. Victoria L Clemans
    4. Brian Russell Michaels
    5. Grant Joseph Savoy
    5 lawyer answers

    You are absolutely correct about the limitations of an "expungement". Many people think it erases it from their record, but it does not. It adds the notation you mentioned. Having said that, yes - I would do whatever the law allows. At least for some jobs, it may no longer be an issue. Should it come up, or should you choose to disclose it affirmatively, you would at least have the ability to say it has been subsequently dismissed. If nothing, it demonstrates a responsibility on your part...

    13 lawyers agreed with this answer

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