Daniel Eugene Kann’s Answers

Daniel Eugene Kann

Ventura Criminal Defense Attorney.

Contributor Level 7
  1. Possession of a gun no criminal record first offense?

    Answered over 2 years ago.

    1. Harry Edward Hudson Jr
    2. Curtis Lamar Harrington Jr
    3. Alexander M. Ivakhnenko
    4. Elliot Rahmim Zarabi
    5. Daniel Eugene Kann
    6. ···
    6 lawyer answers

    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

    7 lawyers agreed with this answer

  2. Expungement of 23152(a) and (b)

    Answered over 2 years ago.

    1. Chris J Feasel
    2. Elliot Rahmim Zarabi
    3. Daniel Eugene Kann
    4. John M. Kaman
    5. Steven D. Powell
    5 lawyer answers

    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...

    5 lawyers agreed with this answer

  3. Clerical error on temporary license. Will this help my case at all?

    Answered over 2 years ago.

    1. Samuel Eugene Spital
    2. Andrew Stephen Roberts
    3. Daniel Eugene Kann
    4. Edward Jacob Sternisha
    4 lawyer answers

    Basically what your dealing with is a typographical error that can be cured by the officer's testimony at a DMV hearing or court hearing or trial. However, it can reflect poorly on his ability to properly prepare a DUI investigation report and if there are additional errors a trained DUI defense attorney will find them in the report. With the error that you described and the possibility of additional errors an experienced DUI defense attorney will capitalize on this officer's sloppiness to call...

    5 lawyers agreed with this answer

  4. If I don't pay Walmart's civil demand?

    Answered over 2 years ago.

    1. Steven Alan Fink
    2. Frank Wei-Hong Chen
    3. John M. Kaman
    4. Daniel Eugene Kann
    5. Michael Charles Doland
    6. ···
    6 lawyer answers

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

    4 lawyers agreed with this answer

  5. My fiance has 2 prior strikes already and just got pulled over & arrested for driving a stolen vehicle. What could happen?

    Answered over 2 years ago.

    1. Daniel Eugene Kann
    2. Harry Edward Hudson Jr
    3. Tai Christopher Bogan
    3 lawyer answers

    Unfortunately, if your fiancé is convicted of any felony charge after suffering two prior strike convictions he could be sentenced to 25 years to life under California's Three Strikes law. However, a skilled and experienced criminal defense attorney can potentially help. Even if he is convicted of a new felony charge a knowledgable criminal defense attorney will file a motion called a Romero motion to ask the court to consider any mitigating factors either in this case or in his prior cases in...

    4 lawyers agreed with this answer

  6. How to clear up a warrant?

    Answered over 2 years ago.

    1. Daniel Eugene Kann
    2. Tai Christopher Bogan
    2 lawyer answers

    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....

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  7. Post DUI plea bargain question.

    Answered over 2 years ago.

    1. Daniel Eugene Kann
    2. Harry Edward Hudson Jr
    3. Tyrone Roman Martinez
    4. Andrew Blair Leventhal
    5. Philip Daniel Hache
    5 lawyer answers

    You do have options. If you feel that you are not being represented effectively and that your attorney is not providing you with the level of service that you expect and need, you have the right to hire new counsel at almost any stage of your case. Your rights are at stake and ineffective assistance of counsel could put you in jeopardy. Please feel free to contact me if you'd like to discuss the matter further. Daniel E. Kann Attorney at Law 661-476-0441

    3 lawyers agreed with this answer

  8. I got charged with a Felony DUI with and injury. I crash my own car in the freeway, but i had a passenger.

    Answered over 2 years ago.

    1. Daniel Eugene Kann
    2. Philip Daniel Hache
    3. Maltaise E Cini
    3 lawyer answers

    In most cases a DUI with an accident is only charged as a felony when the injuries to passengers or other drivers are appreciable, such as broken bones, etc. If you were just recently arrested and booked it is possible that the arresting agency booked you into custody on felony status in order to allow for higher bail. Ultimately a filing D.A. (prosecutor who reviews the police report) will look at the file and decide whether to charge the matter as a felony or a misdemeanor. Either way it is a...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. What happens to each of us?

    Answered over 2 years ago.

    1. Andrew Stephen Roberts
    2. Armen Michael Tashjian
    3. Daniel Eugene Kann
    3 lawyer answers

    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...

    2 lawyers agreed with this answer

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

    Answered over 2 years ago.

    1. Sean Anthony Brady
    2. Daniel Eugene Kann
    3. Harry Edward Hudson Jr
    3 lawyer answers

    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...

    2 lawyers agreed with this answer

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