Joseph Briscoe Dane’s Answers

Joseph Briscoe Dane

Tustin Criminal Defense Attorney.

Contributor Level 20
  1. Can the DA of Shasta county charge me for fraud on an old works man comp case that was settled two years ago

    Answered 10 months ago.

    1. Brian Gail Kindsvater
    2. Joseph Briscoe Dane
    3. Alfred Fargione
    4. Jason Todd Studinski
    5. Peter Joon-Sung Hong
    5 lawyer answers

    The statute of limitations on most felonies is three years and can be longer in fraud cases, but it appears that legally speaking they can charge you. Whether they can prove this or not is another story, but the bottom line is you'll need a good local criminal defense attorney. In the mean time, do NOT discuss this with anyone and gather any paperwork you have connected to your worker's compensation claim, injuries, etc. Get a lawyer.

    12 lawyers agreed with this answer

  2. My lawyer fired me----did he have the right to?

    Answered 10 months ago.

    1. Joseph Briscoe Dane
    2. Michael Charles Doland
    3. Jennifer L. Ellis
    4. Raymond Young Ryan
    5. Kevin H. Pate
    5 lawyer answers

    The attorney did the right thing. They cannot assist in someone's illegal activities - even negotiating a lease. If it's illegal where you want to do this, why are you proceeding? You'll be raided, shut down and prosecuted in no time, losing your money, medicine and potentially your freedom.

    12 lawyers agreed with this answer

  3. My son is getting bullied. Is it legal for me to beat up the bully?

    Answered 10 months ago.

    1. Christopher John Gansen
    2. Joseph Briscoe Dane
    3. Wendy Marie Schenk
    4. David Herman Hirsch
    5. Golnar Sargeant
    6. ···
    14 lawyer answers

    You have got to be kidding. You're asking if it would be okay for an adult to intentionally best a 12 year old. No. You could easily face felony charges and be sued for everything you have. I'm really hoping this is not a serious question.

    12 lawyers agreed with this answer

  4. For my pre-trial, I hired a private criminal defense lawyer. If this case goes to trial, can I get a public defender?

    Answered 11 months ago.

    1. Joseph Briscoe Dane
    2. Matthew Clinton Smith
    3. Michael Kevin Cernyar
    4. Scott David Levy
    5. Wilfred Ward Yeargan III
    6. ···
    10 lawyer answers

    The court would have to appoint the Public Defender. Your current attorney would have to be relieved by the court. The judge may wonder how you hired an attorney to start, but are now claiming to be indigent.

    12 lawyers agreed with this answer

  5. I walked to a bar in Huntington Beach to meet a realist ate agent I had done work for to get paid she shows up drunk

    Answered 11 months ago.

    1. Wendy Marie Schenk
    2. Christopher John Gansen
    3. Joseph Briscoe Dane
    4. Robert Bruce Kopelson
    5. Ajay Mohan Kwatra
    6. ···
    8 lawyer answers

    You can have your blood independently retested to verify the accuracy of the alcohol results. If you want to do typing and/or DNA matching, you can do that as well. It's expensive, but can happen.

    12 lawyers agreed with this answer

  6. I was originally just charged with taking vehicle without owners consent

    Answered 11 months ago.

    1. Joseph Briscoe Dane
    2. Lisa Michelle Bassis
    3. Nicholas Milan Loncar
    4. Dan Eugene Chambers
    5. Scott David Levy
    6. ···
    6 lawyer answers

    The only way you can figure out who you want to represent you and what arrangements you can reach is to start narrowing down your options & start meeting to discuss your case. You may want to consider continuing your arraignment in department C5 for that purpose rather than entering a not guilty plea and starting time frames running.

    12 lawyers agreed with this answer

  7. I don't know what kind of lawyer to call . I was detained by Kohl in South Orange County for shoplifting . I don't shoplift .

    Answered over 1 year ago.

    1. Joseph Briscoe Dane
    2. Gayle Anne-Marie Gutekunst
    3. Paul J Molinaro
    4. Seth Andrew Weinstein
    5. Sagi Shaked
    6. ···
    7 lawyer answers

    You posted under tr criminal defense category, but it sounds as though you didn't do anything and won't face any criminal charges. If I misread that and you were in fact arrested or cited, then contact a criminal attorney for a consultation. If you're asking what can be done about the conduct of the store security, that's a different matter. Yes, they are allowed to detain somebody they suspect of theft, but if they acted unreasonably, there may be an issue. The question will be - what are...

    12 lawyers agreed with this answer

  8. What does it say on my record and can I change it?

    Answered 7 months ago.

    1. Joseph Briscoe Dane
    2. Nicholas Milan Loncar
    3. Victor Murray Hwang
    4. Andrew Michael Limberg
    5. David Philip Shapiro
    6. ···
    10 lawyer answers

    The one day sentence (commonly called a book and release) was a common sentence for theft offenses. Why? Because the law used to be that a person with a prior conviction for theft AND having been sentenced to any term of imprisonment could have a new petty theft elevated to a felony under Penal Code 666. [the law changed and it now takes 3 priors where you served at least a day on at least one of them.] Yes, your record will show the one day sentence. To see how your official DOJ (...

    Selected as best answer

  9. My friend is on his seventh dui in less than 10 years. He just did a year in prison got out got a DUI, what time will he get now

    Answered about 1 year ago.

    1. Joseph Briscoe Dane
    2. Daniel M. Fox
    3. Greg Thomas Hill
    4. Michael Kevin Cernyar
    5. Brian Russell Michaels
    6. ···
    6 lawyer answers

    The new DUI will be another felony carrying up to 3 years in custody. He can face an additional year for each time he's been sentenced to prison and hasn't remained out of prison custody for at least 5 years. He essentially has three options: 1. Fight the current DUI with any legal or factual defenses he may have; 2. he's headed back to custody for a good chunk of time or 3. He needs to understand the huge problem he has with alcohol and take every step towards getting and staying...

    Selected as best answer

  10. Wrong place, wrong time?

    Answered 10 months ago.

    1. Joseph Briscoe Dane
    2. Andrew Stephen Roberts
    3. Greg Thomas Hill
    4. Brian K Wanerman
    5. Sean Patrick Lewis
    5 lawyer answers

    Hypotheticals are always difficult to deal with. You change one detail, it changes the whole scenario and the whole analysis. A person who says no and does not harbor criminal intent is not criminally liable. If this is beyond a hypothetical and somebody has been arrested and/or charged, it's time for a lawyer. Please pardon any typos - posted via mobile device.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

Call to schedule a free consultation and case review. I'm here to help.

714-532-3600