Skip to main content
Joseph Briscoe Dane
Avvo
Pro

Joseph Dane’s Answers

10,227 total


  • Can someone take a boat cruise that leaves the US but returns back to US?

    If someone has been previously denied a passport due to an outstanding child support debt , but is still making monthly payments, is retired and kids are now adults. Can he exit the country on a boat cruise using his naturalized citizenship certif...

    Joseph’s Answer

    You posted without a category, so I'll tag it as an immigration question so it will be seen by immigration attorneys who can weigh in.

    See question 
  • What happens if i missed my set court date for a light rail ticket?

    my plead to the judge was not guilty

    Joseph’s Answer

    If you missed your trial date, then the failure to appear can result in two things: additional charges for failing to appear and/or a civil assessment of $300. You'd have to have a compelling reason why you missed court for a judge to do anything with the civil assessment. If this was recently, get to court ASAP before they tack on either of those two things and see what can be done. They *may* give you another trial date... or not. But you've got to clear up the failure to appear ASAP before things get worse.

    See question 
  • How long does an Arrest Record for Reckless speeding stay and what can be done to remove it?

    I got arrested for first time in my life for speeding reckless driving ( speeding 115/mph), given I have speeding tickets each year once or twice but no more than that. I do have good Career and I know this will affect me a lot. What can be done t...

    Joseph’s Answer

    This one is worth getting a traffic ticket attorney over. If this proceeds as merely the speeding over 100 mph, you could be facing a license suspension and two points on your record in addition to huge fines. With prior speeding tickets, you could come close to having too many points and having your license suspended for being a negligent operator.

    Or.... this could be referred to the DA for filing of misdemeanor reckless driving charges (VC 23103). That carries potential jail time in addition to points, fines and probation.

    If it's a traffic infraction, get a traffic ticket attorney. If it's filed as a misdemeanor, get a criminal defense attorney that routinely practices in the court where your case will be heard.

    In the mean time, you may want to discuss with your lawyer whether attending a traffic school or some other sort of action will help get you in a better position for a good outcome.

    And it goes without saying... you've got to slow down. If you dodge the bullet on this one, you may not be so lucky on the next.

    This isn't something that will just go away. Be proactive.

    See question 
  • What can I do to help my dgt? I live in Buffalo NY. She's in jail in Ca.

    My dgt has been held at an Las Angeles correctional facility since 5/31/15 waiting for NY to pick her up for an warrant. They had until 7/2/15. Now there keeping her until 7/6/15. It's been longer than 30 days. Someone told her that she will get ...

    Joseph’s Answer

    If she is being held on an out of state warrant, then the DA in California files a fugitive case against her. She is entitled to an ID hearing - that is not about whether she did anything back in NY, but simply whether or not she is the person wanted by NY.

    The next step is a governor's warrant - essentially the paperwork that begins the exchange if NY indicates they want her back. Clearly since she has been held for so long, NY has indicated they do want her back. It just takes time.

    She is likely held on a "no bail" status once she either waives ID hearing or it is proven to be her.

    IF (a big if) an attorney in NY can either get he warrant recalled and/or the case dismissed, she will be released. OR - if he courts in NY will allow the posting of bail back there, she could be released to then transport herself to NY and appear. That's unlikely though.

    There isn't a ton that can be done at this point - she is likely going to be transported soon. How soon is the mystery.

    See question 
  • Can I get my HS 11550 charge expunged?

    Can I get my HS 11550 charge expunged? I was not qualified for drug diversion, so I had to suffer the penalties. I am finished with probation, didn't pick up any other offenses during. So can I get it expunged? What are the steps? Thank you.

    Joseph’s Answer

    California does not have a true "expungement" statute. What we do have is a dismissal under Penal Code 1203.4. If granted, it doesn't wipe the case off your record, but it adds a notation that the case was dismissed. That allows you to tell most employers that you have not been convicted of the crime, but it remains on your record and still counts as a prior conviction.

    Yes, you can do this yourself or a local criminal defense attorney can assist for a nominal fee and to be sure it's done right the first time.

    See question 
  • Do I need a lawyer?

    My vehicle was stolen over a month ago and involved in a hit and run. I wasn't aware until the morning, apparently making it look suspicious to police. It appeared to them I crashed and took off. There was a loaded gun found in the vehicle as wel...

    Joseph’s Answer

    You've gotten several answers that say basically the same thing - get a lawyer. I'll expound on that simple concept.

    You're potentially looking at some serious trouble. If they think you're filing a false report to cover up for the fact that you got in a hit and run, just filing a false report is a misdemeanor. If someone was hurt in the hit and run, that could be a felony. God forbid someone dies...

    Then there's the gun...

    Not to mention that if you filed an insurance claim for the value of your car and they think that it was not stolen, you could face felony insurance fraud charges and/or grand theft if they paid you off.

    Yes, you should be sitting down face to face with the very best local criminal defense attorney you can get. Until you have spoken with your attorney, do NOT make any statements to ANYONE about this. Not the police, not insurance people, not your friends, social media.... NOBODY.

    If you did nothing wrong, you still need a lawyer because at this point, people are saying that your report was fraudulent. Time to get serious and defend yourself.

    See question 
  • After having a dui Watson set aside with the dmc and no negligent driver charges.

    The da filed misdemeanor 23512 a, b. 2 days before the statute of limitations were up. There was no car involved. A golf cart and no witnesses other than relatives who never saw her driving in the street, at their home on private property. Que...

    Joseph’s Answer

    I'm trying to follow the question.

    They are charged with misdemeanors currently, correct?

    If the question is whether the DA can upgrade the case to a felony, the answer is yes they can if the facts support it.

    The other part of the question is where you lost me. If she looses (at trial?) can they then change it to a felony? And a felony Watson?

    A Watson murder is where the defendant has a prior DUI (usually) or is otherwise shown to aware of the risk of driving under the influence and hey then drive under the influence and kill someone. The DA can charge murder under a Watson implied malice theory.

    The part about someone collapsed... Did someone die?!?

    This is beyond a simple third-hand question and answer. This person absolutely needs a lawyer and should be discussing all this in depth with their attorney.

    See question 
  • How long is video evidence stored?

    4 years ago I was convicted of Unlawful Intercourse and sentenced to probation. I have now completed probation and filed for expungement. The victim is now 20. Part of the evidence in the case was a video. My question is: will the video still b...

    Joseph’s Answer

    If this was a video of sexual acts with a minor, nobody is getting it back since it's considered child pornography and would be illegal to possess. Since the case is long since closed and the time frame to appeal has gone by as well, the evidence may have been destroyed. I say "may" because there is also a chance that the police department's (or the DA's police that in cases involving sex crimes with minors, they keep the evidence indefinitely, should you reoffend. The California Evidence Code allows the prosecution (potentially) to introduce prior conduct in sexual assault cases to prove intent, etc.

    I'm not sure why you're inquiring unless it's in hopes that any prior trail evaporates. Why not discuss this with the attorney that represented you for the underlying case?

    See question 
  • Harrasing calls

    Someone Named Michael From Imperial Legal Services Keeps Calling. I Called Back And Asked What This Is In Regards To, He States Its For A Person Named (Richie Chagala) I Am Not That Person And I Have Been Requesting That They Stop Calling My Numbe...

    Joseph’s Answer

    Block your number on the government's do not call registry and the next time they call, tell them that you are recording the call and if they wish to proceed talking with you, they will be recorded. Next, clearly tell them that you are not Richie and have no connection with him. Finally, tell them that if they continue to call regarding this matter any further, they will be reported to the California Attorney General and the Federal Trade Commission.

    See question 
  • Is it not required to register a car in California anymore after the supreme court ruling last year? why did I get a notice from

    why did I get a notice to renew my registration if that is not required

    Joseph’s Answer

    Sorry, but I'm unaware of any case law that does away with the administrative requirement of registering your car with the DMV.

    See question