Joseph Briscoe Dane’s Answers

Joseph Briscoe Dane

Tustin Criminal Defense Attorney.

Contributor Level 20
  1. Man was hit by fire truck after I left his unconscious body in the fire department drive way. Am I in danger?

    Answered 9 months ago.

    1. David Herman Hirsch
    2. Joseph Briscoe Dane
    3. Shoshana Kunin-Leavitt
    4. Christian K. Lassen II
    5. Marc Lazarus
    6. ···
    8 lawyer answers

    You have already said too much - both to the police and here. Your next move should be to find the best criminal defense attorney you can and sit down with them in a CONFIDENTIAL setting to discuss this. This could go from tragic to worse quickly. There may be defense investigation that needs to be done ASAP to preserve evidence that can help you. You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in...

    13 lawyers agreed with this answer

  2. Can my private criminal defense lawyer get my case dismissed before arraignment?

    Answered 10 months ago.

    1. Joseph Briscoe Dane
    2. Greg Thomas Hill
    3. Michael Kevin Cernyar
    4. Andrew Stephen Roberts
    5. Carlos Blumberg
    6. ···
    7 lawyer answers

    Can an attorney intervene and keep a case from getting filed in the first place? Yes - sometimes. They have to be able to get to the assigned prosecutor before the case is filed. In some jurisdictions it's easier than others to be able to speak directly with the prosecutor. Having said that - if there is defense evidence that exonerates the accused or casts serious doubt on either the accused's guilt or the accused's credibility, sharing that before filing may convince the DA that the...

    13 lawyers agreed with this answer

  3. If i dont pay the civil demand would it effect my credit record? can i get the record expunged?

    Answered 10 months ago.

    1. Joseph Briscoe Dane
    2. Andrew Stephen Roberts
    3. Donald Gray Drewry
    4. Francis John Cowhig
    5. Scott David Levy
    6. ···
    7 lawyer answers

    If the police were not actually called out the scene, they most likely will not be. Please see my other answer re: civil demands. If you don't pay, it will not affect your credit - it is just a demand, not an unpaid debt. There is nothing to "expunge" - an "expungement" in California happens after you've been convicted and finish probation. Because the police were not involved, there will likely be no court case and no conviction to "expunge". Lesson learned.

    13 lawyers agreed with this answer

  4. Charged with misdemeanors VC23152(a) and VC20002(a), what's the worst that can happen to me?

    Answered 10 months ago.

    1. Peter Charles Blair
    2. David Philip Shapiro
    3. Sean Fitzpatric Leslie
    4. Dan Eugene Chambers
    5. Nicholas Milan Loncar
    6. ···
    12 lawyer answers

    The worst? A year in county jail, two thousand in fines, probation and a six month license suspension. Best case? Beat the charges. There's no way to know how strong the case is against you and what the likely outcome is. You need a lawyer. Keep in mind that you only have 10 days to contact the DMV or they will automatically suspend your license.

    13 lawyers agreed with this answer

  5. Is jail time mandatory for 2nd DUI in CA

    Answered about 1 year ago.

    1. Joseph Briscoe Dane
    2. Anthony Michael Solis
    3. Stephen Troy Allen
    4. Dan Eugene Chambers
    5. Michael Laurence Fell
    6. ···
    8 lawyer answers

    Yes, there is a mandatory minimum. However, with the probation violation, the collision and the high blood alcohol level, if this occurred in Orange County, the prosecutor will be pushing for way more than the mandatory minimum. That's not to say they'll get it or that there cannot be alternatives (rehab instead of jail, house arrest, etc.) Your license is in jeopardy of being suspended for a year based on the second DUI and the probation DUI. If this occurred recently, you have 10 days...

    13 lawyers agreed with this answer

  6. I have my arraignment tomorrow and I don't have a lawyer, but I do need/want one. It's my 2nd DUI, while still on probation...

    Answered about 1 year ago.

    1. Matthew Murillo
    2. Daniel C Grupenhagen
    3. Michael Jon Fremont
    4. Joseph Briscoe Dane
    5. Michael Kevin Cernyar
    6. ···
    10 lawyer answers

    Orange County typically asks for 10,000 bail in a second DUI - and technically, the bail schedule for a misdemeanor probation violation is 15,000. If you posted bail when you were arrested, you should be okay. If not, if you appear without an attorney, they could take you into custody until you post bail. An attorney may be able to appear on your behalf and either see about getting you released without having to post bail - or at the least get you some time to have bail posted.

    13 lawyers agreed with this answer

  7. I have a friend who was arrested the other night for a violation of penal code section 422 (criminal threats)...

    Answered 3 months ago.

    1. Joseph Briscoe Dane
    2. Michael Kevin Cernyar
    3. Levon B. Kevorkian
    4. James Roy Dickinson
    5. Jay Scott Finnecy
    6. ···
    7 lawyer answers

    He should plead NOT GUILTY (or continue his arraignment so his attorney can be present with him). A conviction for 422 as a felony is a "strike" under California's three strikes law and can carry up to 3 years in custody. There's something else going on that landed him with no bail. I assume it's because they're alleging a probation violation for his other case. Without knowing anything about the case, it's impossible to predict what may happen, but he absolutely positively needs a...

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. How best to respond to a civil demand letter from a university when criminal charges are pending?

    Answered 3 months ago.

    1. Joseph Briscoe Dane
    2. Vijay Dinakar
    3. Thomas Curtis Locke
    4. David S. Kestenbaum
    5. Victor Murray Hwang
    6. ···
    11 lawyer answers

    Ordinarily, the overwhelming consensus is to ignore civil demand letters, but you're in a different category since this can impact your education and graduation. Actually, paying this may put your lawyer (yes, you need one) in a potentially better position to show that you're taking steps to pay for your mistake and get you a second chance. Find a good local criminal defense attorney and discuss these aspects of your case with them.

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Caused an accident. Made sure everyone was alright. Left the scene. Turned myself in the next day.

    Answered almost 2 years ago.

    1. Joseph Briscoe Dane
    2. Daniel C Grupenhagen
    3. Shawn Michael Haggerty
    4. Robert Laurens Driessen
    5. Steven Mark Sweat
    6. ···
    7 lawyer answers

    If they're claiming injuries, you could be looking at felony hit and run charges. If the injuries are minor or it's only property damage, you could face misdemeanor hit and run charges. They may have assumed or speculated you were drinking, but without proof that you were under the influence, they could never prove a DUI case against you. Under any of the circumstances, you're facing criminal charges that carry points on your DMV history, probation, potential jail time and/or fines...

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. How do I find out if charges have been filed against me in regards to a DUI citation?

    Answered 11 months ago.

    1. Joseph Briscoe Dane
    2. Donald Gray Drewry
    3. Greg Thomas Hill
    4. Yaniv Kenan
    5. Andrew Stephen Roberts
    6. ···
    8 lawyer answers

    If you were over 21 at the time, there should not be any charges filed unless they think it was a combination of drugs and alcohol. You can check on the Orange County website (www.occourts.org) to see if charges are filed. Be sure to contact the DMV and make sure they are returning your license pronto.

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