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Greg Hagopian
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Greg Hagopian’s Answers

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  • 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.

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  • 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.

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  • 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?

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • How do i figure if i have a bench warrant out for me?

    I was going to court for felony vandalism, i missed court once and they sent a letter about presenting myself on a future date,but my father didnt give me the letter. Now im worried about getting my ID or license since i'm worried about being take...

    Greg’s Answer

    If you failed to appear for a felony court date there is definitely a warrant out for your arrest. You need to appear to clear the warrant. The courthouse in your area will give you the info on what day to come in to do this. You should probably contact a bond company to deal with the likely scenario that you will be forced to post bond to ensure you appear next time.

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  • My brother molested me. What can I do?

    My brother beat me up and molested me less than 6 months ago and my parents call me a liar for it. I am 17. My brother is 24 and lives with me and my dad and i have nowhere to go. Is there any way i can press charges on him or get a restraining or...

    Greg’s Answer

    There's the obvious. CALL THE POLICE. They can have an EPO (emergency protective order) put out, and the judge who handles the criminal case can put a more permanent restraining order into effect.

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  • Can attempting to kiss someone be considered sexual assault?

    We technically work together but were not in the workplace and had an established relationship as friends. I was invited to her house where I then attempted to kiss her, apparently while I had an erection (I made no mention of it or gesture to it...

    Greg’s Answer

    • Selected as best answer

    Probably no to both. You lacked the intent for a sexual assault. People get this wrong all the time. As for slander, that would require that what she said be untrue. If she is a normal person she won't tell anyone, as she probably found the whole thing as embarrassing as you did. If you get a call from the police tell them you will have your lawyer call them back, then hire one.

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