Skip to main content
Greg Hagopian
Avvo
Pro

Greg Hagopian’s Answers

499 total


  • Can I get arrested?

    I have a cpo against somebody, he continues to harass me to the point I give in and then manipulates the whole situation. The restrained person posted a hurtful photo on social media which I did make a police report of and this photo was hurtful b...

    Greg’s Answer

    No one but the restrained party may violate a restraining order. That being said it is illegal to make harassing phone calls even without a restraining order. CPS can always investigate any allegations of wrongdoing.

    See question 
  • What going to happen when I recant my statement

    We got into a argument and I hit him and he was trying to get me to stop hitting him so he held me down and was yelling stop but I was so mad at him so I grab baby milk and Thur it at him so he Thur it back and it end up being milk every where I r...

    Greg’s Answer

    Once a criminal case is filed, only the prosecuting agency (usually the District Attorney's Office) can drop the charges. You may be able to convince them to do that, HOWEVER, I strongly suggest you NOT talk to any member of law enforcement. You should either contact through your boyfriends attorney, or through an attorney of your own. There are a number of complex reasons for this, but suffice it to say that not contacting them directly protects both you and your boyfriend.

    See question 
  • Can a sheriff officer pry open a welded, sealed, clearly labeled, metal container of human remains without a specific warrent?

    During a search of my residence, a officer pried open my husbands remains. It was a sealed metal box with a affixed label of its contents. They taped it back together with clear packing tape that had a lot of visible small bone and ash fragments. ...

    Greg’s Answer

    I think you have fair to good facts for a lawsuit for intentional infliction of emotional distress. The fact that the police have a warrant does not give them free reign to trample on sacred objects. You could hide drugs in your TV, that doesn't mean they can break it open to check. They should have gotten a drug dog to check the urn AT THE VERY LEAST, before breaking it open. Sue the bastards.

    See question 
  • Can i withdraw my plea if i was under the influence of drugs?

    I was offered a plea bargain to b released in time to attend my daughters wedding. I was granted a cruise wavier if i agreed to turn myself back in for 7 yrs. I had only been in custody a few days and was still under the influence of drugs and ...

    Greg’s Answer

    One of the things that is often missed by people who aren't in court every day is that the important question is never "what happened?" The important question is "what does the evidence show?" Can you convince a judge you were on drugs and didn't understand your plea? From what you say, probably not. Do you have any evidence beyond your statement that you were too high to understand what was going on? If you don't, you SHOULD lose your motion. A plea is considered voluntary until proven otherwise, and the defendant has that burden of proof.

    See question 
  • Can the D.A. file 243 (e) 1 PC charges against me if the violation date was 5/26/14 and the court filing date was 5/28/15?

    I have a prior felony conviction of Gross Vehicular Manslaughter while intoxicated, I too a strike, received 4 years @ 50%, did the time, all 3 years of parole and discharged last December. Never had a parole violation, never got arrested. I recen...

    Greg’s Answer

    The answer to your question, as written, is No. That would be outside the statute of limitations.

    - I suggest making sure, however, that the 28th is really the date of filing, and NOT the date the warrant was sent out.
    Usual procedure on a misdemeanor is to cite by mail a few weeks before the court date, and only if a defendant fails to appear to issue a warrant. That would mean that the case would have been filed just BEFORE time ran out, which is common.

    See question 
  • My attorney told my people that the D.A. just didn't like me and just thinks I committed the crime.

    is this something I can use to have a case cleaned and dismissed off my record?

    Greg’s Answer

    Of course the DA thinks you committed the crime. That's why they don't like you. Do you have a real question you wanted to ask?

    See question 
  • Can an attorney set another court date and wave time without my concent or me being present in the court room?

    set another court date without me present

    Greg’s Answer

    That depends. In many misdemeanor cases a lawyer will have a client sign a "977 form" named for the code that allows for a client to have an attorney appear without them. If such s document was signed, the answer is yes, if not, the answer is probably no. This assumes these are criminal proceedings, and there is no issue as to your competence to stand trial.

    See question 
  • I was cited as a passenger in a car with an open container VC 23224 What might the fine be and do I have a chance to fight it?

    We were in heavy traffic , actually at a stop, and a bicycle riding policeman put his face by my window and asked what was in the bottle. It was a bottle of Hard Cider 4.5%. I showed him and he asked us to pull over. He took the bottle and gave...

    Greg’s Answer

    I can't see how, and you should ask anyone who tells you otherwise for specifics. The stop was based on probable cause to believe a crime had been committed after an officer was given a confession. You weren't detained when you confessed, so Miranda doesn't apply.

    NOTE - The code you cite is not the usual open container code. The code you cite is for being a Minor, in possession of alcohol, in a car. This is a misdemeanor, and will result in a one year license suspension upon conviction.
    You need more help than the Internet can provide. Talk to someone on person, the public defender if no one else.

    See question 
  • If the lawyer asks for $1500 and I gave him $700 and he took it but I haven't been able to come up with the rest of the money

    I have a misstatement case (interfering with a police investigation) the person who was charged with the gun which is what I was charged with interfering with their investigation but the case the person with the gun , the charges where dropped for...

    Greg’s Answer

    Do not hire an Attorney (or any other professional) unless you are willing and able to pay them. A judge won't make an attorney work for fee, and would you really want such a person representing you? You can't tell if they're really trying or not, after all.
    You made a bad financial decision and it's going to cost you 700 dollars.
    Ask the judge to appoint the public defender's office (which it sounds like you should have requested from the start).
    Tough break.

    See question 
  • Where do I go to start my process to turn my felony to a misdemeanor?

    It's been 6yrs no arrest since and I completed probation without any problems.

    Greg’s Answer

    In addition to what has been said here, you might fall under Proposition 47, depending on the offense. There are pros and cons of filing a prop 47 petition rather than 17b, and in rare cases (possession of cocaine is one) you may be eligible for a prop 47 reduction even if your offense is not a wobbler.

    See question