Skip to main content
Joseph Briscoe Dane
Avvo
Pro

Joseph Dane’s Answers

10,531 total


  • My fiance was fasley accused and incarcerated in Tulare CA. He lives in San Diego. Does he have to find an attorney in Tulare ?

    My fiance and his brother were falsely accused and arrested by the Tulare Walmart and Police Dept. On August 19th. These men are black. The court dismissed the case. The TPD have refused to return personal property and the motel they were staying ...

    Joseph’s Answer

    A local attorney in Tulare (or Visalia) could handle the matter and file appropriate motions to return property - as well as a petition for factual innocence to get this arrest off their record.

    See question 
  • Arrested for same type of charge I'm currently out on bail for plus I'm on felony probation what can happen to m

    I was obscounding from felony probation had a warrant, got busted for possession of counterfeit material served my violation and posted bail on new charge while out on bail picked up another possession of counterfeit material was picked up and cit...

    Joseph’s Answer

    You have got a ton of issues.

    First, your probation could be revoked and you could be held without bail. Next, the latest case could have a "crime bail crime" allegation for committing a new offense while out on bail for another felony. That potentially adds another two years on top of your sentence, making this whole situation worse.

    Get a lawyer. Get a good one.

    See question 
  • Federal Grand Jury proceedings

    Is there a way to know if someone is under a grand jury investigation in a federal matter? Must the USAO notify the "suspect" formally before or during the federal grand jury proceeding or not?

    Joseph’s Answer

    No, there is no requirement that the prosecution (US Attorney or DA) inform the target that a Grand Jury is being convened.

    If an indictment is issued, then the accused will be arrested if a warrant is sought.

    See question 
  • I received a civil demand letter for $325.00

    (for shoplifting) and it must be paid within 21 days. if i don't have the amount of money they are asking for, what are the consequences of not paying. Is the payment mandatory? what happens if i don't pay?

    Joseph’s Answer

    It's not a civil "fine" - it's a civil demand letter. California law allows a merchant to demand up to $500 following a theft incident. These letters are typically sent by the store or a law firm acting on their behalf. They are all bark and no bite.

    If you ignore the letter, they have to make a choice - let it go or file a small claims case against you. I have never heard of anyone actually being sued if they ignore the letter. Why don't they do anything? Because lawyers cannot get involved in small claims cases and it isn't worth the store's time to pursue a small claims case over such a minor amount.

    There is one law firm in Florida that does nothing but these kind of civil demand letters on behalf of stores. They were quoted in a Wall Street Journal article as sending out over one and a half million letters a year, but they filed less than 10 lawsuits. Not ten percent. Not ten thousand. Ten. The odds are overwhelming that they won't do anything.

    If you choose to pay their demand, it just means they won't sue you, but it will have no impact on any criminal prosecution. Paying it won't stop criminal charges from being filed and not paying it won't make a criminal case worse or cause charges to be filed if they weren't going to be in the first place.

    This is probably one of the most frequently asked questions on Avvo.

    See question 
  • Misdemeanor HS11364 possess narcotics paraphernalia, no narcotics found. Pulled over by police. Should I get a lawyer. No Prior.

    I had a friend who asked a ride since he was going the same way as I was. When police suddenly pulled us over. The officer immediately went to the right side of the car and asked my passenger to get out of the car. They did not say anything to me ...

    Joseph’s Answer

    If you're asking about whether you can suppress the evidence based on an illegal search, you will absolutely need a lawyer.

    Search issues are fact specific and only your lawyer can examine ALL the evidence and evaluate your "chances".

    See question 
  • Pre-sentencing interview for a plea deal and probation officer contacting employment?

    1. If a defendant, court and DA agree to a plea deal, does the defendant TYPICALLY have to go through a pre-investigative interview through probation 2. Does probation TYPICALLY contact the defendant's employer to verify employment if the crim...

    Joseph’s Answer

    You can waive your right to a written probation report, so no - it's not required. In fact, it is typically NOT done in scenarios where there is a plea agreement in place.

    If you are in formal probation - yes, they can verify. There may be restrictions on certain things (Internet access, working around children) that require them to check.

    No requirement to notify employer in general, but there are some jobs where registration under 290 mandates you register through certain entities and that may in turn trigger disclosure to work.

    See question 
  • How to find out if your attorney showed every bit of the evidence to DA

    I have a case pending against me and I want to find out if my attorney showed all the evidence to DA because it was pretty clear cut case and I have a lot of evidence that show that i am innocent but still my case is going to trail so my questi...

    Joseph’s Answer

    Well... First I'm concerned that you're having doubt about trusting your lawyer.

    Next - sometimes it's a good idea to show the DA everything and other times it's a good idea to hold some things back if the DA is still unwilling to dismiss. If they are being stubborn, why not hold something back for trial? That is a tactical decision i think you AND your attorney should be making together.

    But if it hasn't been dismissed yet, then your case may be headed for trial. You need to be sure you have a lawyer you know you can trust and that will truly fight for you.

    See question 
  • Do I need to pay my civil claim?

    I got a civil demand on 7/13/15 for shoplifting $180 worth of merchandise on 7/9/15 they resent a letter to me claiming it's a civil demand asking for $500 within 14 days. The letter says it's not an attempt to collect debt and the demand is made ...

    Joseph’s Answer

    It's not a civil "fine" - it's a civil demand letter. California law allows a merchant to demand up to $500 following a theft incident. These letters are typically sent by the store or a law firm acting on their behalf. They are all bark and no bite.

    If you ignore the letter, they have to make a choice - let it go or file a small claims case against you. I have never heard of anyone actually being sued if they ignore the letter. Why don't they do anything? Because lawyers cannot get involved in small claims cases and it isn't worth the store's time to pursue a small claims case over such a minor amount.

    There is one law firm in Florida that does nothing but these kind of civil demand letters on behalf of stores. They were quoted in a Wall Street Journal article as sending out over one and a half million letters a year, but they filed less than 10 lawsuits. Not ten percent. Not ten thousand. Ten. The odds are overwhelming that they won't do anything.

    If you choose to pay their demand, it just means they won't sue you, but it will have no impact on any criminal prosecution. Paying it won't stop criminal charges from being filed and not paying it won't make a criminal case worse or cause charges to be filed if they weren't going to be in the first place.

    See question 
  • So I am 16 turning 17 in December my boyfriend is 18 turning 19 in April.

    we're worried it wont work out between us because of age difference. we are both still in highschool but still age can get him into trouble. any advice would be AMAZING please and thank you

    Joseph’s Answer

    I'm not sure if you're asking for dating advice or have a legal question.

    ANY sexual contact between a person over 18 and a person under 18 is potentially criminal. ANY. Either keep the relationship completely non-physical (and non-sexual, since sending nude pictures violates the law as well) until you turn 18.

    See question