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Kim Wiseman Hansen's Answers
- 119 Legal Answers
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2
Attorney answers:
Can I seal and expunge my records after probation?
Q. Can I seal and expunge my records after probation? A. Yes. See an attorney in Florida for help with this. Q. Will it effect getting a green card? A. Re-post in the immigration section. Q. What will the effects be on working at good places (hotels and banks?) A. Petty theft is a crime of moral turpitude. Any job requiring you to be bonded like a bank teller or handling cash as a desk manager at a hotel, will likely result in problems for you being hired. Good luck,...
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Attorney answers:
How much time will my friend do in county jail if sentenced to 365 days??
Your friend will get credit for all the time he has served before he is sentenced. Additionally, the Penal Code allows for good-time, work-time credits of another 50% of time actually served. So for example if someone was sentenced to 12 months in jail he would do 8 actual months and get good-time work-time credit of 4 months, for a total of 12 months. Regardless of what the code says, the sheriff will determine someone’s actual release date considering the seriousness of the crime and how...
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Attorney answers:
With a projected release date reflecting 44% of the time sentenced to my husband, will he really serve even that much?
Who ever told you to expect him to serve 10-20% of his time on Los Angeles County was, in my experience with my clients, correct. You don’t say what he is charged with; if it is a violent or serious charge he will do more time. Go with the release date they are giving you, but don’t be surprised if he is cut loose earlier. Good luck, Kim W. Hansen www.kimwhansen.com
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Attorney answers:
Do pending misdemeanor charges come up on a CA background check?
Your current background check will show no convictions for this petty theft. However, it would be wise to talk to an attorney to help you. If this is your first offense your attorney may be able to offer several avenues of help. If the amount is small he may be able to get the charge reduced to an infraction. He may be able to get you a deferred entry of judgment which will ultimately get the case dismissed. There is also the possibility of working out a civil compromise to get a dismissal....
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4
Attorney answers:
Living in ventura county, ca and currently on Summary probation f, can law enforcement search my residence, while I am not home.
You never said what charge the court placed you on summary probation for. You usually give up your 4th Amendment right to be free from searches and seizures, when placed on summary probation. However, that is not true for all crimes. The only way to know is to get out your copy of the summary probation order and look to see if your search and seizure rights were given up. If they were not waived the searches are not lawful, baring any one of the many exceptions to the exclusionary rule...
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Attorney answers:
Can I sue this fraud website company?
By taking your funds and not providing the promised services you can sue the company as they are in breach. However, they may be difficult to find. They also may have committed a crime, and you should report it to your local authorities. The authorities may or may not have the resources to hunt them down, but if they do then you at least know where they can be served if you file a civil suit. Kim W. Hansen (714) 289-2662
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Attorney answers:
I WAS CHARGE WITH 484(A)PC SHOPLIFT. THE AMOUNT OF THE ITEM WAS 34.60. I NEED ADVICE. THANKS,
Talk privately with an attorney so your case can be reviewed to see if your case is eligible for it to be an infraction. Good luck, Kim W. Hansen www.kimwhansne.com
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2
Attorney answers:
In Calif. after sentencing doe's probation start date begin at time of arrest if kept incarcerated till date sentenced
As Mr. Bezonsky correctly stated your probation clock starts to run on the day you were sentenced. If you were incarcerated from your arrest until the date of sentencing what you would get, is credit for the time you had served in custody from the date of arrest until sentencing Good luck, Kim W. Hansen www.kimwhansen.com
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Attorney answers:
What kind of time is she looking at?
The last item mentioned in your list is a parole violation. If a parole violation if found it can result in one year of prison. As to the other charges and other lesser pending charges you would have to see what the DA is offering on them. Good luck, Kim W. Hansen www.kimwhansen.com
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3
Attorney answers:
Can a 1 yr sentence be modified to a 364 day sentence to avoid deportation?.
Attempting to change the sentencing from 12 and 20 years ago would be very difficult. Your question seeks advice of avoiding deportation. You should post this same question under the immigration law section. Good luck, Kim W. Hansen www.kimwhansen.com
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