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Joseph Briscoe Dane
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Joseph Dane’s Answers

10,403 total


  • How to get a sentence modified or postponed on your turn in day

    i have to do 14 days in jail cause i was denied work program i want to postpone turn in date thats today how do i do this what do i need if also on a different thought if i file a plea withdrawal and its denied what r my options to stay out

    Joseph’s Answer

    You need to be on the phone to your lawyer, not posting on the internet. The only way you can get an extension on your remand date is if the judge grants it. The only way the judge even gets to consider it is if your case is in front of them.

    And the only way you get your request granted is if you can convince the judge to grant you more time.

    Call your lawyer NOW.

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  • Reduce formal to informal probation

    Dui 5 years probation formal wish to reduce probation to informal Dec will be 2 years probation officer said I could apply for reduced probation after 2 years have paid all court cost and finished du I program for court order

    Joseph’s Answer

    Assuming you've been in compliance with all the terms, your PO supports the request to relieve probation of supervision and you've completed all obligations (classes, fines, etc), then you have to get in front of the judge and make your request. Your original attorney can probably assist with this - or you can seek a new attorney's help.

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  • Can you be charged if sister called cops and threw your drug paraphernalia in garbage can and told cops that is where it was?

    I got in a fight with my sister at home she called cops and threw my pipe in the garbage. When cops have me in the car she tells them my pipe is in the garbage can. She threw it in there after I left she admits to that. Now I have a possession o...

    Joseph’s Answer

    The prosecution would still have to prove beyond a reasonable doubt that the pipe was yours. Don't post anything else online since this isn't confidential. You need an attorney - a private attorney if you can afford to hire one before your court date or the public defender will be appointed when you appear in court.

    Yes, there are potential defenses and issues with the case that your attorney can discuss with you.

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  • How do I drop charges against someone?

    I pressed charges against someone for battery and for a pc 591.5 (unlawfully removing the use of wireless communication device to prevent me from calling 911), and I want to drop charges but I am not sure how.

    Joseph’s Answer

    It's not up to any individual to "press" or "drop" charges. That decision belongs to the DA exclusively. You can let them know you are not supportive of prosecution, but they can proceed even if you don't want them to.

    Assuming this is a domestic violence case, you have certain rights, including the right not to be forced to testify if you don't wish. You'd need to consult with an attorney to advise you of your rights.

    The person charged needs their own attorney as well.

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  • Need explanation please, arrested on a PC f 422(a) with a rejection by the DA lack of evidence, now it's been 6 months

    DA now wants to charge on a misdemeanor 415.5(a) giving it a new case # but using the same police report from the 422 arrest, is this able to happen? Also can I just be sent a court date by mail not knowing what I have done wrong? Doesn't this fa...

    Joseph’s Answer

    This sort of thing is quite common. The police arrest for a charge they believe was committed, but then the case is sent to the DA for review. The DA is supposed to independently review the reports and if they believe a crime was committed, they file charges. It can be the same charge (or same level) as the arrest, but it doesn't have to be. For example, the police could have arrested for a felony violation, but the DA feels that only a misdemeanor is warranted.

    The double jeopardy question only applies if you are actually charged in court and "jeopardy" attaches to the case, then you're charged again. It doesn't sound like that's the scenario here - just that there was an arrest, an initial rejection, then a later filing.

    You need a lawyer and can discuss all this with them in detail.

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  • Can I bring my firearm to my girlfriend's home when I am sleeping there for self-protection?

    My girlfriend is on informal probation for circumstances that may not be relevant. I have concerns about safety when sleeping at her home. I have a registered firearm and would like to know how the law applies given that I can have it in my "pla...

    Joseph’s Answer

    I've looked over the other answers and comments.

    The two issues are intertwined, but separate. You may have a lawful right to possess a firearm (and yes, being an overnight guest makes it your temporary residence), but your girlfriend's conditions of probation and the risk to her are still an issue.

    You don't say what she is on probation for (sorry if I missed that in the comments). If it's a felony, then she cannot have anything to do with firearms and she should not have one in her house. If it's a misdemeanor conviction, if as a term and condition of her probation she is not allowed dangerous or deadly weapons or firearms, then you having your gun there puts her at risk for violating the terms of her probation. Further, there are some misdemeanor charges that have a 10 year (and possibly lifetime) ban on firearms possession. Even though it's registered to you, access is key. If she has access (and that isn't for you to negate by simply saying it's yours and she doesn't access it), then that access could violate her probation if she is restricted.

    So - she needs to be aware of you bringing a gun to her home. She has to know what the terms of her conviction and probation are and whether or not she is in violation.

    So in summary - while YOU may be lawfully in possession at her house, she could be at risk.

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  • Should I be paying restitution back of the amount 45.54$ after I already payed back 55$ from stealing.

    I received a civil demand for 250$ letter and a restitution letter for 45.54$ after I have already payed them the 55$ that I took in the form of candy bars over 7 months. Everyone has said to ignore the civil demand but should I ignore the restitu...

    Joseph’s Answer

    I believe this is a duplicate question.

    The particular attorney you mentioned in your other question is typically listed as "of counsel" or some other label that makes him connected to the firm that sends the civil demand letter. The civil demand letter is a common occurrence for retail theft situations. A shoplifter gets caught and whether or not the police are involved, a civil demand letter is sent demanding hundreds of dollars.

    If you have paid back the actual restitution for the candy eaten, that ends your responsibility. Could they try and file a small claims case against you for anything additional? Yes, but lawyers cannot get involved in small claims cases, so the attorney you mentioned wouldn't be the one going to court - it would be store employees. That typically doesn't happen.

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  • I received a civil demand from Ronald Halpern Esq. for civil demand 250$ should I pay?

    I got caught stealing at work over the period of 7 months I was eating candy and such that I didn't pay for and they asked me my estimate of how much I took and I told them like 55$ then they asked me to pay it back (which I did) and then I was fi...

    Joseph’s Answer

    That particular attorney is typically listed as "of counsel" or some other label that makes him connected to the firm that sends the civil demand letter. The civil demand letter is a common occurrence for retail theft situations. A shoplifter gets caught and whether or not the police are involved, a civil demand letter is sent demanding hundreds of dollars.

    If you have paid back the actual restitution for the candy eaten, that ends your responsibility. Could they try and file a small claims case against you for anything additional? Yes, but lawyers cannot get involved in small claims cases, so the attorney you mentioned wouldn't be the one going to court - it would be store employees. That typically doesn't happen.

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  • Relative arrested for reckless driving. Had panic attack. Is this defense in California?

    He has never seen doctor about his anxiety. He is really panicking over court. Would hiring attorney help? What kind of cost would it be. He also needs to make sure he doesn't lose license. Just got a job--has been out of work for a while.

    Joseph’s Answer

    This is the third posting of the same scenario.

    You need to start locating good criminal defense attorneys in the area and set up in person consultations to discuss this further. This goes way beyond a simple online question and answer. Nobody can quote fees. You'll have to discuss that with the attorneys you've narrowed it down to.

    There may be additional proceedings with the DMV if they try to suspend their license because of a medical condition, so I'd be cautious how much to push the medical aspect of things. If the DMV is alerted that a driver has a medical condition that makes it unsafe to drive, they can yank their license until they are medically cleared... and that may be never or it could take quite some time.

    Reckless driving is a two point violation. By itself, it doesn't automatically mean the loss of a driver's license.

    Get a lawyer for you relative.

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  • Can a testimony from a person be used in a civil matter from a criminal case before being found guilty in the criminal case?

    I have a case ongoing over a civil matter, that a testimony will be used against me and I am being arraigned on the criminal charges after the hearing for the civil matter. I have not been found guilty... can the testimony be used against me even ...

    Joseph’s Answer

    Any statement you may make could potentially be used in another proceeding, but your question is very vague and it's impossible to fully explore this without knowing all the details - what was said, what context, was it voluntary, how is it being used against you, etc.

    You need to discuss this with your civil lawyer and/or criminal defense attorney.

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