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Joseph Briscoe Dane
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Joseph Dane’s Answers

11,380 total


  • How was my car singled out when the car in front of me was speeding too?

    Colusa, Ca Last week I was traveling on a two lane highway. Posted speed limit 55mph. I was going with the speed of traffic, behind a car driving 75mph. CHP traveling opposite direction hit his lights then got behind me. The car in front of me...

    Joseph’s Answer

    Going with the flow of traffic is not a defense to speeding, nor is it that only you were cited and not the other person.

    if you haven't attended traffic school in the past 18 months, you are eligible to attend and avoid the point on your driving record.

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  • Can I take care of this myself or do I have to pay for an attorney?

    Convicted felon trying to get felony dropped down to something less and possibly expunged. Felony was in 1998 possession of marijuana, in Las Vegas, NV, less than 1 oz.

    Joseph’s Answer

    As you've seen from the other answers, California attorney's won't be much help with your question. First step - try reposting your question under a Nevada heading so attorney's from that state will see and hopefully respond.

    Or use the "find a lawyer" tab above to search for an attorney they is local to where the case was and consult with them.

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  • How do I go about getting the analysis myself? Is this possibly exculpatory evidence being withheld by prosecution situation?

    Shoes in evidence at trial not the same shoes taken off during arrest. Evidence shoes have mud and an emblem on the bottom of one shoe. There is an arrest photo showing bottom of shoes with no mud and no emblem. Shoe print analysis was never given...

    Joseph’s Answer

    If this is regarding a case that is now past conviction, a writ of habeas corpus may be the avenue. This will absolutely not be a do it yourself project. You'll need an attorney well-versed in post-conviction relief.

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  • Will a bench warrant show up on a rental application background check?

    I have a bench warrant that I'm soon taking care of for driving on a suspended license, which was the dmv's fault. however I'm in a process of filling out an application for my landlord, and they are going to do a background check on everything in...

    Joseph’s Answer

    Yes, convictions and pending cases (such as a warrant) will likely show up on a background check. I don't know what the underlying issue is, but it shouldn't be that difficult to clear up. If you're running into problems doing it yourself (and you should never try to handle a criminal case by yourself), contact a good local criminal defense attorney to assist and get this cleared up so you won't be blocked from renting where you want to.

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  • What is the best way to get a deposit back from an un cooperative roommate even though out of lease and they decide to stay?

    I entered into a joint lease on April 15 with a roommate and replaced her previous roommate on the lease, the lease ended on 9th Jan 16. The roommate was a nightmare to live with and so I decided not to renew lease, I gave her and apt complex writ...

    Joseph’s Answer

    Unless you have a contract or other agreement with your former roommate, yes, you can file in small claims, but I don't think you'd prevail. Your deposit was lodged with the landlord and unless someone else puts a deposit with them to release yours, the landlord is entitled to have sufficient security deposit for the apartment, regardless of what the arrangement was between you and your roommates.

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  • Will i be able to own a handgun with DUI (misdemeanor) 6 years ago and a dismissed petty theft 3 years ago?

    I had a DUI (misdemeanor) 6 years ago and dismissed petty theft in California 3 years ago. Will these prohibit me from purchasing a handgun?

    Joseph’s Answer

    By themselves, neither of those two crimes carry an automatic ban on possessing firearms. If that's all you have, you should be able to purchase a gun. Of course, you'll have to go through the background check. Should you be denied for some reason, you'll have to pull your records and straighten them out.

    Or - you can pre-check your eligibility by going to the Department of Justice (DOJ) website and doing a PFEC (Personal Firearms Eligibility Check). You submit your fingerprints and a fee and they'll mail you back a letter indicating whether or not you're eligible to possess a firearm.

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  • Can I actually be at risk of prosecution or summons on this matter?

    I received a phone call from a company claiming to be law firm. I'm told I owe over $1100 from an old payday loan (I'm in CA) and they are preparing to send the file to state attorneys office. Told me it is now federal crime because it is over $50...

    Joseph’s Answer

    They can sue you civilly. This is not a criminal matter.

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  • Do you answer yes or no

    If a application asks haver you ever been convicted or violated any law except traffic and your cases are expunged .. What do you answer

    Joseph’s Answer

    California doesn't have a true "expungement" law - if you mean your case was later dismissed pursuant to Penal Code 1203.4 (commonly, but incorrectly called an expungement), then the next question is... what application?

    If it is for most private employment, you can legally say "no" if your case has been dismissed pursuant to 1203.4. There are some exceptions.

    If you're applying for a professional license, to work for the State Lottery or in law enforcement... and if the job involves federal clearance, then you may have to disclose the conviction.

    But for most employment, a 1203.4 dismissal is for that purpose - so you don't have to disclose it.

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  • Is my husband going to get an appeal? The crime happened in November 9th, 2014. He is innocent! Please help!!

    My husband is facing a life sentence for a crime he did not commit! His sentence will be on the 16th of this month, Feb. He went to trial and was convicted by the jury for 1st degree murder. During trial, some of the jury people were sleeping, so ...

    Joseph’s Answer

    He can file a motion for a new trial before sentencing. If denied and he is sentenced, his attorney should file notice of appeal. If he cannot afford to hire an attorney to do the appeal, counsel will be appointed for appeal.

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