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Daniel Eugene Kann
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Daniel Kann’s Answers

18 total


  • How to drop a misdemeanor charge that happened a decade ago, applied for city work and got turned down

    I just recently applied for a tree trimming position for the city of Ventura, and i got the job... Only to find out Human Rescources refused me because of a misdemeanor I had already in the system a decade ago. Is there a way to wipe this clean ...

    Daniel’s Answer

    Most misdemeanors can be dismissed by way of "Expungement" per Penal Code Section 1203.4. I am a local Ventura criminal defense attorney and I handle expungement petitions routinely. Please feel free to contact me on my direct line at 805-290-4932.

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  • Possession of a gun no criminal record first offense?

    my husband was stopped when he was getting ready to reverse my brothers car out of red, he was pulled out of the car asked if he was on parole and the car was searched then the cops decided to search my house. They found nothing inside my house bu...

    Daniel’s Answer

    Even though your husband is on parole, there may potentially be a Fourth Amendment search issue. As for the gun, if it was legally registered to you, you may not have a problem, but without knowing more it's hard to say for sure. Feel free to contact me if you'd like to discuss the matter further.

    Daniel E. Kann
    Attorney at Law

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  • What happens to each of us?

    hi. im 19 years old. live in CA. i recently got caught shoplifting. my boyfriend was with me. so what happend was my boyfriend actually opened the package(iphone case) cause he wanted to try it on his phone. he was kinda nervous cause it was hard ...

    Daniel’s Answer

    The worst that can happen is that you will be charged with commercial burglary. In many cases, the charge will be reduced to petty theft which is a misdemeanor as long as you have no prior convictions for the same thing. In the past I have had cases such as this reduced to an infraction in exchange for community service or participation in a behavioral management program. If they didn't ask any questions about your boyfriend then I would assume that they have no interest in him, however I emphasize that is only an assumption. Please feel free to call me and discuss the matter further. You can call me on my cell at 661-476-0441.

    Daniel E. Kann
    Attorney at Law

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  • I was given a citation for reckless operation of vessel,hired lawyer, went to court, charges dropped, is it still an arrest?

    issued ticket, went to court, pleaded not guilty, had to hire lawyer, charge was drop but was charge minor fine for vessel not meeting standards. Now im in backgrounds with law agency and wondering if this is considered an arrest, since i was deta...

    Daniel’s Answer

    Even when charges are dismissed there can still be a record of arrest. Given that you were detained for a short period of time, it is hard to say whether a record of arrest will show up in a background check.

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  • How to clear up a warrant?

    my son had court 1 week ago but did not go because he needed to enroll in 2 classes prop 36 and renstate in domestic violence classes, he violated hes summery probation so how does he clear up his warrant and if he is sentnce how much time will h...

    Daniel’s Answer

    • Selected as best answer

    He needs to go to court and ask the clerk to pull the file and put the matter on calendar so that he can see the judge. Ideally this should be done with the assistance of an attorney as there is the likelihood that the judge could remand him into custody for violating his probation. If he is on Prop. 36 which is formal felony drug probation he could potentially be sentenced to prison, depending on the judge, his record, and the number of times that he has violated his probation in the past. When I'm hired to help a client deal with active warrants such as this, I typically request that the judge reinstate probation and allow my client to stay out of custody. I also make sure that I have a bail bondsman nearby; i.e., in the courtroom just in case the judge does remand my client. That said, most judges will have much more sympathy for a probationer who voluntarily shows up in court to deal with his or her active warrants as opposed to someone who waits until they are picked up by law enforcement and brought before the judge in shackles.

    Daniel E. Kann
    Attorney at Law

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  • My son is 16 years old . i wanted know what kind of charges he's looking at for burglary at a school ?

    him and his two friends were walking around the school and made the wrong decision to go in a classroom by opening the classroom window .

    Daniel’s Answer

    Given the fact that your son is still a juvenile, an experienced juvenile criminal defense attorney may be able to assist your son in that he may be eligeable for juvenile probation even if he has no affirmative defense. This is especially the case if your son has no prior record. In most cases, even many felonies, successful completion of probation granted in juvenile court will result in a dismissal and his record may be sealed. I'd be happy to discuss the matter with you further. Please feel free to contact me at 661-476-0441.

    Daniel E. Kann
    Attorney at Law

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  • If I don't pay Walmart's civil demand?

    I'll only give facts. I'm 19 was caught stealing item that was under $25, damaged. They took no photo, no police. I signed something all I remember it stating was "I recognize I am over 18" and something about a sheriff. The demand is too high fo...

    Daniel’s Answer

    If you don't pay it they would have to sue you. That is unlikely.

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  • Expungement of 23152(a) and (b)

    I keep hearing conflicting information. I was told by the judge in my court case that at 18 months if I paid all my fines went to DUI school and finished work release that I could have my probation terminated. I was then told by my lawyer that I c...

    Daniel’s Answer

    DUI convictions can be expunged. However, unlike many other charges, the judge has discretion as to whether or not to grant an expungement petition for a DUI conviction. This is because DUI's are two point vehicle code violations. The state of the law is that most two point vehicle code violations can only be expunged at the court's discretion. Other charges such as misdemeanor battery must be expunged upon the defendant's filing of the the petition. When I file a petition for expungement of a client's DUI conviction, I always add a declaration stating why the court should find good cause to grant the petition. Lack of prior convictions is always a helpful factor when it comes to having DUI convictions expunged. As for when you are eligible to file a petition for expungement, you must have successfully completed your probation. In most misdemeanor cases, probation lasts for three year. You can always file a motion for early termination of probation before your probation terminates on it's own, however it is difficult to show good cause for early termination of probation. That said, I have had some motions for early termination of probation granted where the clients were requesting early termination in order to join the military. Feel free to contact me should you wish to discuss the matter further. 661-476-0441.

    Daniel E. Kann
    Attorney at Law
    www.kannlawoffice.com

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  • I violated informal probation what is likely to happen to me at my next progress report in CA?

    I am on informal probation for misdemeanor theft - I just picked up new charges in a different court for similar conduct. I already appeared on the new charges and had the warrant recalled. I now have a progress report for old charges - in fron...

    Daniel’s Answer

    As long a both cases took place in Los Angles County there is a chance that the court will be aware of both. It is possible that you could be remanded and that the judge will set bail on the new open case and probation violation. It is always best however to go into court voluntarily to deal with the issue as opposed to being picked up and brought in in shackles. Judges respect when people own up to their mistakes. If you were a client of mine I would probably bring before the judge with a bail bondsman just in case the judge does not O.R. you. That way we can arrange for bail right there and then so that you don't have to spend any time in custody. Please feel free to contact me to discuss the matter further. 661-476-0441.

    Daniel E. Kann
    Attorney at Law

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  • Perjury

    What is the statute of limitation for perjury in California and when does the clock start ticking? Thanks

    Daniel’s Answer

    Most felonies carry a three year statute of limitations. And yes, perjury is a felony. Some felonies carry a longer statue of limitations depending on the seriousness of the charge. As for misdemeanors the statute is generally only one year.

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