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Joseph Briscoe Dane
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Joseph Dane’s Answers

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  • Help. I was convicted of felony overpayment social services in 2006 California. O.C. The D.A. knew wasn't true.

    County after ex-husband for child support. He used me as liar claiming all 6 Checks he'd given me weren't reported to social services. I met with d.a. And he showed me checks and I showed him the copies I sent to s.s. As well as his copies of same...

    Joseph’s Answer

    Not sure what your question is, but if you are innocent, you have got to fight to undo this. You are too late to make a motion to withdraw your plea, but there may be ways to try and vacate the plea. You need to discuss this with an attorney in much greater depth face to face.

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  • Can I depose opposing counsel in civil case ?

    Defense attorney's partner was in court during criminal case when a victim testified that the doctor inflicted the same mayhem on her as I incurred. Can defense attorney be deposed by plaintiff , pro per, for evidence to support opposition to Mot...

    Joseph’s Answer

    I don't know why you're trying to jump through complicated hoops to get an attorney to testify to something they heard.... it's hearsay first of all and you don't need to even go there.

    If I'm reading your question correctly, you want to use some of the testimony from a criminal case for some purpose.... why not just contact the court reporter that was present during the testimony and order a copy of the transcript? You'll get a certified copy of the actual testimony.

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  • What is my husband looking at with these charges? Pc459, pc21310, pc182 (a)(1) &what is pc3455?

    Husband recently arrested with these charges, has prior arrests For Drugs Etc. and jail/prison time. Was on supervised probation, violated previously before this current violation. What is he possibly looking at? What is prcs court?

    Joseph’s Answer

    In addition to trying to revoke his current supervision status, he has picked up new charges. The 459 is burglary and the 182 is conspiracy. The other is a weapons charge.

    The 459 is potentially very problematic. There are two different kinds of burglary - first degree and second degree. If it's first, it's residential burglary and is a strike. Second can be either a felony or a misdemeanor. Second degree includes breaking into a locked car or commercial burglary.

    Yes, he absolutely needs a lawyer. He could be looking at a significant chunk of time in custody.

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  • If a 20 y.o supposeday had sex with a girl who claims she's 18 on a hook up site but she's not, can he face criminal charges?

    A buddy of mine is being accused of having sex with a minor from a girl he met on a hooking up site who claimed she was 18. There is evidence she claimed to be 18 and she never told him the truth that she was a minor. Could this be dismissed in co...

    Joseph’s Answer

    There is a defense to the charge of unlawful sexual intercourse - if he had an honest and good faith belief that she was over age.

    A profile that lists an age of 18 is a good start, but if there were any messages/emails/etc that disclosed her true age before the intercourse, there goes the defense.

    Similarly, if she only said she was over 18, but he picked her up from Jr. High school....

    The bottom line is that your buddy needs a good criminal defense attorney or he'll end up with a sex charge on his record.

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  • As a Nurse, you have less rights than a Criminal in prison!!!!!!!! WHAT needs to be done to have a fair government to review !!!

    I know in the past the Board of Nursing didn't exist due to lack of funds. The governor told them if they want to exist, they need to figure out an income stream. Now the are having nurses exposed to writing blank checks to the BoN!!! They not onl...

    Joseph’s Answer

    I get it. You're upset.

    But - this is your career. if your license is in jeopardy, you either do nothing and potentially lose it or you get a lawyer and fight to keep it.

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  • My son signed a deal pleading guilty to 5 felonies and is on ab109 program doing 4 years with half time.

    He's 23 no priors. Pleaded quilty to 5 felonies, theft, drug charges ect. My question is can he ask for alternative detention like rehabilitation or sentence modification?

    Joseph’s Answer

    In general, the time to set conditions of the sentence is at the time of the plea. Can he "request" a modification or some other change? Yes, but unless it was an open plea, I hate to say it - don't expect to get far. The terms of the plea were explained at the time the plea was entered.

    But you know who could answer this definitively? His attorney. They know ALL the details.

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  • Can a person be convicted of comitting a burglary if someone shows a picture of "them" not being able to recognize faces?

    picture of person walking around the victims car never being able to see any faces or the actual crime

    Joseph’s Answer

    A picture, even if it doesn't show the face, may be part of the overall body of evidence. It may show body size, shape, clothing, tattoos... other pieces of circumstantial evidence that lead to identity.

    Maybe.

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  • I just graduated law school and I'm awaiting my bar results. Any advice as to what to do from here?

    I'm a 25 year old female. I'm looking for a job in the legal field. Can I work as a paralegal until I get the "pass"? Or am I only allowed to be employed as a clerk or legal assistant? I'm interested in learning more about the field and why so...

    Joseph’s Answer

    Well...

    You posted in the "Education" category - a topic more for the posting of questions related to schooling and legal disputes connected to that.

    And - I appreciate the zeal, but Avvo is a consumer website for the posting of questions related to their current legal issues, seeking answers to point them in the right direction.

    Your question is a good one - but not necessarily suited to Avvo. Good luck on the bar. Maybe working for a general practitioner that dabbles in many aspects of law is the way to start out.

    You're going to have to find your calling and passion.

    Again - good luck.

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  • ROBBERY or THEFT?

    If a criminal suspect is inside a restaurant, and reaches over the counter and grabs the cash drawer, without touching the clerk, has he committed robbery or theft? How relevant is the positioning of the clerk to the cash register?

    Joseph’s Answer

    The proximity of the clerk is only a small factor. It is the MANNER of taking that matters.

    Theft is the taking of property without consent.

    Robbery is taking property from another or their immediate presence BY FORCE OR FEAR. "Immediate presence" can be the entire restaurant. If the reason the clerk didn't protest out of fear, it's robbery.

    Your scenario is the their taking the money from nearby, but it doesn't mention anything about fear being the reason they were able to accomplish the taking.

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  • Should I speak to a litigation attorney

    Sam King 20 years old My sister was named sole beneficiary of my mothers life insurance policy but it also states that she is to care for me and my twin past the age of 18. However in the will it says she may use the money however she likes to e...

    Joseph’s Answer

    There is always more to any situation than you could possibly write in one paragraph. To do anything, you'd have to speak with a probate or trust attorney about what (if any) rights you have, what the terms of the inheritance and how the money was to be spent. This goes way beyond a simple online question and answer.

    Speak with an attorney face to face about this.

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