Skip to main content
Antonio Arturo Cota

Antonio Cota’s Answers

404 total


  • Why would the courts say that my infraction petty theft charge would not show up on my background check?

    I've been in school to be a teacher and I was charged with a misunderstanding misdaminor petty theft charge and do to the embarrassment and financial burden I just wanted to end the case. I represented myself and was able to drop the charge to a p...

    Antonio’s Answer

    This is exactly why competent attorneys never recommend that anyone represent themselves on criminal matters because the errors and omissions made by people representing themselves can be very costly or even impossible to fix.

    At this point, you should bring all of the documents you have related to your case to an experienced local criminal defense attorney to determine whether you are eligible for for any kind of relief. California's so-called "expungement" does not erase convictions, it simply supplements the record with a notation that your case was later "dismissed" pursuant to Penal Code Section 1203.4. But that does not really help when you are attempting to be licensed by the state for your profession.

    This is not a do it yourself project, as your prior experience should have already told you. Your future as a teacher is far more valuable than the significant cost of an attorney. Bite the bullet and hire one.

    See question 
  • Regarding serving the defendant

    My parents weren't able to go to court on the date written, so I had postponed the court date for them, and when the time came that we needed to serve the defendant we had to hire a private detective but had a bit of financial problem so it was de...

    Antonio’s Answer

    This does not sound like a criminal defense question.

    See question 
  • On a second dui offense in orange county, ca is there mandatory jail time? is there any way around this ?

    BAC level was .12 with no accident or other factors. What would I need to do to avoid jail time. I am reading many different articles on whether or not it's always mandatory. Also, do I request a DMV hearing?

    Antonio’s Answer

    Mr. Dane is correct, as usual. I would add that you should consult with an experienced DUI lawyer or criminal defense attorney to review your matter. This is not a "do it yourself" project. The mandatory jail requires you to be convicted, first. These cases are often defensible, but you'll never know if you have options unless you consult with someone.

    See question 
  • Whats going to happen to me for not completing my community service hours?

    I was charged with a misdemeanor and I was given 50 hours of community service. They only gave me three months to finish them. I am a full time college student, work full time, live on my own and completely broke. They also made me pay over nine h...

    Antonio’s Answer

    You may wish to go to court before the 25th, first thing, and get your case added on to the court's calendar. You are almost always better off being proactive by asking the court for an extension and explaining (briefly!) why you couldn't do what you needed to do. Be prepared to offer any documentation you have to support your claims, and it would also be wise to tell the court when you reasonably believe you could complete your obligation. IF THE COURT AGREES, DO NOT MISS THAT DEADLINE.

    I would not argue or in any way suggest to the court that your college is more important than your obligation to the court--the judge will likely tell you to miss a term to get your service done. He or she will probably tell you to get a job to pay the fee and get your service done instead. He or she may also "offer" to convert your community service to jail time.

    Always remember that the judge is used to seeing a seemingly never-ending string of deadbeats and scofflaws who think they can do whatever they want (wrong) whenever they want (wrong). Being brief, having supporting documentation, coming in BEFORE a deadline is blown and offering a reasonable solution that involves the court getting what you promised WHEN you promise... those things will set you apart from the majority and will make it much easier for the judge to work with you.

    See question 
  • I made the mistake of taking a pic of my girlfriend's ass . I erased it , but she was sleeping at the time .

    she was sleeping at the time , it was a good time at the time , but she says it was illegal to do that , I erased it , is that good enough , no intention to show anybody , just for myself !

    Antonio’s Answer

    There are not enough facts to determine whether a criminal offense was committed. There are different kinds of "illegal" though. Crimes are one kind. But the law also prohibits certain invasions of personal rights and punishes that behavior by allowing the injured party to sue. Taking that kind of photograph, without consent while the person is sleeping might constitute an actionable invasion of privacy.

    See question 
  • POSSESION OF CONTROLLED SUBSTANCE WITH PRISON PRIOR

    DA FILED POSSESION OF DEADLY WEAPONS, UNDER INFLUENCE AND DRIVING ON SUSPENDED WITH KNOWLEDGE

    Antonio’s Answer

    This is a serious case. You need an experienced criminal defense attorney immediately. You should try to retain one as soon as possible, while your memory of the incident is still fresh. If you can't afford a good lawyer, you should seek to have the Public Defender appointed to represent you at the earliest opportunity. This is not a do-it-yourself case.

    See question 
  • My friend had error in his criminal record and he has been deported because of that.What are his obtions now?

    My friend had 2 murder charges in his criminal record for 42 years and he did not know about it. Based on his record he has been deported to Mexico and reentered illegally in 2004. He has been arrested in 2005, convicted of illegal reentry and dep...

    Antonio’s Answer

    It might be possible to undo some of the harm to his record, assuming he was here legally in the first place, but this is really going to require the services of an experienced immigration attorney and I suspect it will be costly. It is probably going to turn out that it would have been better, and cheaper, to have done this after the first deportation and prior to returning to the United States.

    Your friend needs to contact a civil rights attorney to determine whether this is actionable, and whether it is time-barred because he waited too long. He should contact a civil rights lawyer immediately, preferably today.

    See question 
  • I’m dissatisfied with my attorney's performance. Can I fire my attorney during trial?

    I’m a defendant facing a spousal abuse charge (California penal code 273.5). I want to terminate my attorney because she’s inexperienced and incompetent. She stutters, received many objections from the district attorney, she’s not eloquent or conv...

    Antonio’s Answer

    • Selected as best answer

    You need to contact an experienced trial attorney immediately to discuss this matter and you will probably also need to have a rational discussion with your present attorney and/or her superiors at her firm (if there are any).

    The short answer to your question is, "it depends." Many times clients, who are not trained in law and have no experience trying cases them selves, have a position on counsel's performance based on things that are not necessarily accurate or correct. It is therefore necessary that you get a second opinion from someone experienced or at least discuss it with your own attorney.

    In order to substitute counsel, your attorney is going to have to file a motion to withdraw. If it is granted, the result should be a mistrial. You will need to retain new trial counsel immediately.

    You also need to understand that judges are often skeptical of riders who try to change horses midstream, especially if he does not share your view of counsel's performance. Many, many defendants have tried such things simply to delay the inevitable conviction in a lousy case. Your judge will have the discretion whether to allow it or not.

    If your motion is not granted and you are convicted, you will want to contact an attorney who handles appeals to review the record in your case, since these kinds of problems often provide grounds for an appeal.

    See question 
  • I am on probation I had to take a lie detector test. They said I didnt pass one of the questions. I

    I did not do anything to violate my probation. Can they arrest me for this.

    Antonio’s Answer

    Polygraph tests are not admissible evidence in California. You should probably consider talking to an attorney. I am not aware of any law supporting the notion that you can be required to submit to an interrogation by probation officers armed with junk science.

    Do yourself a favor and lawyer up.

    See question 
  • Can I sue the Bart Station for my car being vandalized twice in a two month period?

    I park my car on the bart station for which they charge a fee to park. Within a two month period the broke into my car twice and yesterday they stole my father inlaws car. That i was borrowing because i still hadnt replace the window they had just...

    Antonio’s Answer

    This is really a question of civil liability that depends on the rights and responsibilities of the parties under whatever agreement (if any) allowed you to park there. It also probably involves the intervening intentional acts of the third party, who I'm guessing wasn't caught. (If he/she was caught, you have a right to restitution if the vandal is convicted.)

    See question