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Joseph Briscoe Dane
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Joseph Dane’s Answers

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  • Am I looking at jail time? Is it difficult to get a restricted license? Can I convert jail time to work service?

    I just received my second DUI. My bac was about .15 and i crashed the car on the freeway. No one was hurt and I walked away without a scrape. I did all the tests and did the breathalyzer. I feel that I gave them all the evidence of it being a misd...

    Joseph’s Answer

    There is mandatory jail for a second DUI within 10 years. yes, the fines can potentially be converted. You're looking at a mandatory 90 day suspension, then restricted with an ignition interlock. Get a good local lawyer.

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  • Can you provide me with a referral?

    I am looking for a family law attorney in Orange County, California. Long term marriage (19 years). Adult children. We have a Trust. My spouse (husband) has been the sole support for 6 years.

    Joseph’s Answer

    We cannot directly respond to your question, but if you use the "find a lawyer" tab above or reach out to any attorney in OC that has responded, they can probably get you a name or two.

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  • Should I take the officer's 'suggestion' & contest in hopes of him not showing up?

    Received texting while driving ticket. Officer thanked me a few times for being so polite to him during the experience. He then explained I could contest the ticket, which would wipe the records, pick a court date convenient for me & maybe he woul...

    Joseph’s Answer

    If the officer doesn't show for trial, you win.

    If they do show up (and most will since either they're on duty anyway, are off but their department requires them to show or they are off but want he overtime), it doesn't matter how polite they say you were, if you're convicted, they judge will impose a fine.

    This is not a moving violation and not a "point" against your driving history, so it really depends how much your time is worth. Check the amount of the fine with the court, but a first offense is about $160. That is the mandatory minimum fine plus court costs.

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  • How are charges calculated to render punishment / sentences for denfendant?

    How are chargers or offense calculated to produce the final charges in California?

    Joseph’s Answer

    A governmental agency (district attorney usually) files criminal charges. If there is a plea deal or a conviction after trial, then there are sentencing ranges that apply, but what actual sentence is imposed depends on many things - the facts, the defendant's prior record, if any, what mandatory minimums must be imposed, additional time based on conduct enhancements (such as the use of a weapon) or based on priors (like the three strikes law, prison priors, etc.

    Sentencing is a moderately complex matter in California.

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  • Should I go for a bench trial or jury trial if it's a very factual DUI case?

    There isn't enough space here, so I'll summarize. I called the police to press assault charges, but they also gave me a DUI because 30 minutes prior to their arrival, I parked my car across the street. I had drank 3 minutes before driving, the arr...

    Joseph’s Answer

    In a court trial, the prosecution only has to convince one person. They would have to convince all 12 jurors to convict.

    Which odds do you like better?

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  • Can I sue the spouse for forgery? If convicted, would the spouse be imprisoned?

    My spouse filed for divorce and withheld divorce papers from me. After the spouse filed for divorce, the spouse forged my signature on a department store card for the amount of about $600.

    Joseph’s Answer

    If you sue, that is a civil lawsuit and nobody gets imprisoned. If a police report is filed, there is a prosecution and conviction, then there may be punishment.

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  • Does he have to arrest me? Can he chose to give me a chance , like drug classes?

    I'm on high risk transtional probation, I was about to get off of probation in 5 months, I relasped and gave a dirty test. I think I'll be arrested , hes tricking me to come in to the office on Monday.

    Joseph’s Answer

    As you've heard, it's not mandatory that they violate you or take you into custody. Because you've got until Monday, I strongly suggest a few things:

    1. Contact your attorney to let them know. Sometime, just having your attorney involved can assist to minimize any punishment and perhaps get you reinstated without issue.

    2. At a minimum, get to meetings and document your attendance of NA meetings. Go daily if you can... and you can always find a meeting. Documentation is key though - you can't just say you went. Get something in writing.

    3. If this is more than a single, simple glitch, consider rehab. Taking steps to correct things, even though you're not forced into rehab, may help. Many probation officers would rather leave you in a program (inpatient or outpatient) rather than take you into custody.

    Talk to your lawyer.

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  • Is this a form of kidnap? My friend was a minor at the time. Do I have a case here? Can I sue?

    Me and a buddy of mine were taken against our will in a taxi by the driver after he got upset with us. He wanted us to pay cash. When it clearly said they accepted debit/credit. He wouldn't take out card. He drove off with the door open. Speeding ...

    Joseph’s Answer

    Could this fall under the umbrella of kidnap and/or false imprisonment? Yes. Would it lead to criminal charges? That would be up to the prosecutor based on a review of ALL the evidence and reports submitted to them.

    First step is to make a police report about the incident if you haven't already.

    Is this a civil lawsuit? Again - potentially. The burden of proof would be on you to prove your case - and it's a lesser burden than in a criminal case. In any civil case the first question is what are you suing for? In other words, what are your damages? If you think this is worth a lawsuit of over $10,000 - talk to a personal injury attorney about a lawsuit. Under $10,000? Small claims.

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  • What can I do about an self centered arrogant neighbor who tells me to shut my dogs up all the time?

    I asked my arrogant neighbor to keep his dogs from getting too close to the fence because they cause mine to bark and vice versa. What I am saying is that if his dogs (and mine) were not allowed to leave their scent on the fence, the dogs’ interes...

    Joseph’s Answer

    The fence is the dividing line between your properties. His pets are allowed to be in his yard, just as yours are entitled to be in yours.

    Unfortunately, you have dogs that bark. It's time for something to change. Training for your dogs, anti bark collars or desensitizing them by spending more time with them in the yard while your neighbor's dogs are out may help.

    Legally speaking though, I cannot think of any way to prevent a person from having their dogs in their yard.

    If his are incessantly barking, you can call animal control to file a noise complaint for the barking dogs. No, not for a few barks - this is designed for somebody who leaves a dog outside that barks nonstop at all hours of the day and night.

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