Skip to main content
Joseph Briscoe Dane

Joseph Dane’s Answers

10,542 total

  • Bench warrant issued for FTA PC 288.4. Can it be quashed without me being present?

    I am issued bench warrant for failure to appear charges pc 288.4 (B). Left country. Can it be quashed before I enter USA so I don't get arrested at port of entry

    Joseph’s Answer

    In general, no.

    Having said that, I have had a judge agree to recall a warrant for a limited period of time for just this purpose - with an understanding that the defendant is to appear in he courtroom immediately (the first available opportunity during regular courtroom hours) upon entry. That was for completely different charges however.

    There also *may* be a way for a bail bond agent to post the bond at the courthouse and set a future date without you being present.

    You know you are going to need an attorney do represent you on these charges - first, retain an attorney and discuss any possible options with them.

    See question 
  • Does law enforcement have to have a search warrant to look through someones phone if they are on probation ?

    my sons tablet was viewed by probation officer without search warrant

    Joseph’s Answer

    It depends on the terms of probation. If his probation includes a search waiver (which I assume he does since they were searching to begin with), they can typically search all his belongings.

    He should talk to his lawyer about the specific terms of probation that are in place.

    See question 
  • Can i revoke my own probation?

    I was charged for possession for sale. sentence was 1 yr county jail time and 3 yrs probation.on a 1 yr county jail time, I served 40 days. on the day of my release i went to see my probation officer. I have been in compliance all along. when can...

    Joseph’s Answer

    To revoke your probation means that you want probation and and for additional punishment to be imposed. You mean terminate probation.

    You or your attorney must file a motion under Penal Code section 1203.3 to terminate probation. Typically, your probation officer must agree before the court will consider your request.

    See question 
  • What are the consequences?

    My girlfriend sent me a nude picture and I sent it to my school email by accident. The school email has a filter that sends any possible nudity to a program that exams them if they're minors or not. The dean of my school told me that the Lapd mig...

    Joseph’s Answer

    First and foremost, you have a right to remain silent - USE IT. If you are in fact contacted by law enforcement (or anyone that wants to discuss this with you), do NOT discuss it.

    You could face child pornography charges and end up with a sex charge on your record. You and your folks should be in an attorney's office ASAP to discuss your options.

    See question 
  • My son cut his ankle monitor off in yolo county he recently got picked up for warrant yolo county whats gonna happen now

    No priors

    Joseph’s Answer

    What's gonna happen now?

    Several potentially bad things. First, he will likely have to do the remainder of his sentence in jail instead of some alternate custody option.

    Next, he could face vandalism charges for the damage to the ankle monitor. The charge itself isn't the end of the world, but if convicted, he could face a suspension of his driver's license on top of the punishment.

    He could also be charged with escape. By cutting off the ankle bracelet, he effectively escaped from the sentence he was serving, so he could face new felony charges.

    See question 
  • Will my friend get contacted by the police after seeing a prostitute who may have been caught and has a client list?

    A friend of mine contacted a prostitute while on a conference in another county (but same state) via a dummy email account and arranged to meet with her. He did meet with her though he was unclear if anything else happened between them. But before...

    Joseph’s Answer

    • Selected as best answer

    Anything is possible, but it is unlikely the police would go to such lengths over a misdemeanor prostitution case ...

    And the most important thing for your friend to do is: keep his mouth shut. Without a statement from him, there would not likely be independent proof that any sexual activity took place, leaving him with a viable defense.

    First and foremost - change his ways
    Next - a consultation with a good local criminal defense attorney where this incident took place is a maybe at this point. If contacted by the police, shut up and ask for a lawyer.

    See question 
  • Wanting to find out what kind of outcome I might be looking at

    HI my name is Andrew from California and I was charged with 11370.1 (A) HS , 111378HS , and 11379 (A)hs and I don't have any prior felonies just misdemeanor dui and misdemeanor possession of marijuana could you guys give me a little knowledge on w...

    Joseph’s Answer

    Andrew, you could be looking at some serious time. The district attorney typically does not like the combination of drugs and guns. I being charged with possession for sales while armed with the firearm, you could be looking up to four years if not longer in custody.

    Time for a lawyer.

    See question 
  • I was. Arrested and charged with attempted theft by deception. Misdeamenor I was not mirandized taken to the police station.

    They ended up just citing and releasing me.. was I supposed to still be mjrandized?

    Joseph’s Answer

    The requirement for Miranda rights is when you are in custody AND being questioned. Just getting arrested doesn't mean they have to read you your rights. It's only if they want to interrogate you.

    You know you need a lawyer - discuss this with them.

    See question