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Joseph Briscoe Dane
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Joseph Dane’s Answers

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  • You've been hired to domesticate a sister state judgement in California, what's the first order of business?

    What's the only way a company can avoid paying the judgement or stopping the process?

    Joseph’s Answer

    You asked this months ago. You asked earlier today. You keep asking the same question in different (or sometimes the same) Hire an attorney to assist you with this if you have a stake in it.

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  • Interstate Compact - Judge in sending state did not enter standard probation conditions. I am in California.

    He did enter some conditions such as 4 mos. in jail, a fine, an assessment, DNA, and costs of supervision. Those are not a problem, I think they have been done or will be. The problem is that the California Probation Dept. in San Diego has imposed...

    Joseph’s Answer

    • Selected as best answer

    Once your probation transferred to a new state or new County, that receiving jurisdiction now has control over your case. The correct venue to Challenge additional terms of probation they were not originally imposed is now San Diego.

    You (or your attorney preferably) should file for modification of probation in S.D. To remove an unrelated and originally in imposed term.

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  • Are misdemeanor offenders required to register as sex offenders?

    More specifically, does a person convicted of PC 289.6(A) have to register under 290? It says people convicted of 289 are required, but there is nowhere I can find where those convicted of 289.6 are required. I know the law is pretty specific, so ...

    Joseph’s Answer

    There is a catch-all provision under 290 that can allow the court to impose registration on even non-listed offenses, but you are correct; Penal Code 289.6(a)(1) does not require registration.

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  • Help! I'm in need of a pro bono lawyer for a criminal conviction appeal

    My fiance has been convicted and serving a 13 year sentence for a criminal conviction on a crime he didn't fully commit and we know he has grounds for a appeal . he's served 3 years already and due to taking care of his needs I don't have the fund...

    Joseph’s Answer

    I certainly hope that his trial attorney filed notice of appeal within 60 days of sentencing, otherwise that's the first huge problem. You can't just decide three years later to appeal.

    Next - if he did file notice of appeal, counsel would have been appointed to represent him on appeal.

    You're asking for a "pro bono" attorney. That is often viewed as asking for a free attorney or one that is willing to take a case on for free. Not entirely correct. An attorney may take on a case pro bono publico - "for the public good". That means they are in fact willing to work for free on a matter that has great social implication or that has far-reaching implications.

    Not many attorneys can take on something as complex and time consuming as this for free. The criminal system is designed to protect those that cannot afford an attorney at any stage with appointed counsel (who isn't working for free either, they're just paid by the government and. It the individual client).

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  • Do I need my ex gf's permission to post our old nudes on my blog site if I was the one who took the pictures and I'm in some?

    I know she'd never give me permission and we aren't on speaking terms to ask. However, I own the material and would like to share it. I'd rather not break the law if it can be helped.

    Joseph’s Answer

    If your intent is to not break the law, then don't do it. California has recently enacted "revenge porn" laws that criminalize the posting of intimate pictures without the consent of BOTH parties. As you've indicated she would never give consent, you may not post them.

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  • Hello, To whom it may concern does the three strike law still apply in California??

    I have a brother who is in some serious trouble he has committed a rape, attemped rape and attemped murder, and also how can I help my brother while he is incarcrated to get the help that he needs???

    Joseph’s Answer

    Yes, despite some modifications over the years, the Three Strikes law still exists. In the original days, a person who had two prior "strike" offenses could get a 25-life sentence for ANY new felony. Now, the third strike must also be a strike offense.

    If your brother is facing all these charges in a single case, then the three strikes law does not apply. It only applies when a person has two or more PRIOR convictions for strike offenses and commits a new offense.

    But he's still in huge trouble. The attempted murder, if alleged to be done with premeditation and deliberation, carries a potential life sentence. There are other enhancements and allegations that can attach to a rape charge that turn it from a maximum of 8 years into a 25-life or 15-life crime under Penal Code 667.61.

    Yeah, he's in big trouble and needs the best attorney you can get for him.

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  • Private investigators

    Can attorney use services of private investigator in my case without my approval as his client?

    Joseph’s Answer

    Not every case necessarily needs an investigator, but if one is being used, why should that bother you? Don't you want your attorney to do the best job possible for you?

    If you're concerned about the cost - that's another thing. A client should be advised about any potential extra costs and typically those costs are cleared with the client first, but it really depends on your retainer agreement/contract with your lawyer.

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  • How do I expunge my misdemeanor DUI I have? Its from years ago.

    I got a DUI, and I want it off my record. Which forms do I need? How does it work?

    Joseph’s Answer

    Unfortunately, it will never completely come off your record. The best you can do is a retroactive dismissal of the charge under Penal Code 1203.4. You must be off probation (either because the time elapsed or because you had an early termination of probation granted), have had no violations of that probation and have no other pending cases in any jurisdiction.

    There is a $120 filing fee - yes, you can do it yourself, or a local attorney can assist for a reasonable fee).

    If granted, the dismissal under 1203.4 adds a notation to your criminal history that the case was dismissed. It still remains, just with that note added. It still counts as a prior conviction for all other purposes. A 1203.4 dismissal is primarily to help with employment. If granted, it allows you to tell most private employers that you have no conviction.

    A word of caution on that, though.... a 1203.4 dismissal does absolutely nothing to your DMV record, so in a thorough background check (should your job require a DMV history), they will absolutely see it. There are laws that govern what a background check company can report to employers that ask them to run checks on people. Because employers are not allowed to consider dismissed cases, the background check company will not report them to the employer. But the DMV record could be the way around that restriction for some employers.

    Some people choose to disclose the conviction, but also indicate that it was subsequently dismissed so there's no chance you're accused of trying to hide something (even though you wouldn't have to disclose by law). Also - DUIs are fairly common these days and it may not be as big a blemish as you think for employment. If I were you , I would seek to have it dismissed under 1203.4 and then formulate how you're going to deal with disclosing or not.

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  • How can you find out where a person will spend. Time in prison location

    Son was sentenced for 2 years in prison 1 day ago how can I find out what prison

    Joseph’s Answer

    You won't know until he is placed. Typically, he will go to Wasco for classification, then will be housed where the CDC seems appropriate. There is an inmate locator website, but it will take (perhaps) a couple/few months for him to land somewhere.

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  • My son was sentenced for 2 years in prison fot a 211 how much timr will he serve

    It was a 211 in los Angeles county

    Joseph’s Answer

    He is headed to state prison for 85% of the two years, minus whatever credits he had prior to sentencing. Essentially, 20 months minus credits.

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