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Sam Luke Van Eerden

Sam Van Eerden’s Answers

17 total


  • I'm apply for a new position at work it requires no felonies on my record i have a six yr old felony how can I take of my record

    I completed my PC 1000 program so my felony is close

    Sam’s Answer

    This depends on the nature of the felony, but from the information you've provided, it looks like expunging this felony from your record (ie: getting it dismissed) should be a pretty simple process. If you'd like, give me a call about this - my number is 661-852-0713. I work in Bakersfield, so from the time you call me to the time we can get in court to resolve this should be a pretty quick affair, assuming you do qualify for the expungment and your case was in Kern County.

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  • My friend was arrested for residential bugerley. She went to jail and was OR and given a court date.

    When she went to court the judge said no complaint had been filed and she was given another court date.

    Sam’s Answer

    I don't see a clear question here, but just so you are aware, this is not an entirely unique situation. From time to time, the deputy district attorney in charge of filing a particular case will determine that he needs some clarification/additional information from the arresting/investigating law enforcement officers before he will file the criminal complaint. When that happens, he submits a request to the officer(s) for that additional work to be done and then waits to file the complaint until he has everything he feels he needs in order to properly allege whatever charges he believes might be relevant to the situation. This may occur by your friend's next court date or it may not - in which case the date will likely be pushed back again.

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  • Can I get out of a DUI with a BAC of .07 and if it my 1st offence and i'm under 21?

    I was driving on a grass field that i normally drive on but illigall, and got stuck in the mud. The cops showed up while I was standing outside the car with the keys in my pocket. I passed all there DUI test but blew a .06 .07 and .08.How should i...

    Sam’s Answer

    Based on these facts alone, it sounds like you may have some good factual arguments to aid in your defense - as to the DUI. Your attorney (either hired or appointed) should be able to give you a better idea of your chances, though, once (s)he analyzes all the relevant evidence. Obviously, since it appears you did have alcohol in your system, you're going to have a rougher time fighting an underage drinking charge.

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  • Will WalMart continue to come after me for shoplifting?

    I went to WalMart and got caught stealing, I started to walk out of the store when security came up to me. They said they knew I stole and I needed to come with them. I said no. I took the stuff out of my bag and gave it to them and then walked ou...

    Sam’s Answer

    If they didnt initially detain you until law enforcement could arrive then it is unlikely they will continue to pursue criminal prosecution at this point, especially since the merchandise was returned. However, if they do involve law enforcement and a report is submitted to the district attorney, charges may be filed. Check the kern county court website at this address - http://www.co.kern.ca.us/courts/crim_index_case_info_cal.asp - to see if any charges are filed.

    (NOTE: Check the site periodically for the next month or so. Charges sometimes take a while to get filed and even then do not immediately show up on the court's website.)

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  • Testing dirty for prop 36

    testing dirty for prop 36

    Sam’s Answer

    Most likely this is not the 'end of the line' for you, especially if you have an attorney advocating on your behalf. Although probation and the DA may likely move to exclude you from Prop 36, in most cases Judges are willing to give the defendant multiple chances before formally excluding them from the program unless it is very apparent that the defendant has no intention of reforming.

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  • How long after the posted speed limit changes do you have to adjust your driving speed?

    When driving past a posted speed sign on a road how long do you to adjust your driving speed?

    Sam’s Answer

    As stated by my colleagues, your vehicle needs to be at the posted speed limit once your vehicle is even with that sign. It is at that time that you are in that particular speed 'zone'. However, if you had just passed the sign posting a new, lower speed limit, the police officer may be agreeable to a plea bargain which would allow you to plead to a different infraction which does not count as a DMV point on your record and which may even be a lesser fine.

    Good luck fighting it!

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  • My son received by mail a warrant of arrest when CPS got a report about leaving his 4 yr oldchild in the car for 2 minutes.

    Car engine and AC are on.

    Sam’s Answer

    He should immediately surrender to the court, enter a "Not guilty" plea, and request to be released on his own recognizance. Given the circumstances (and as long as he doesnt have an extensive criminal history) the court may drop the bail requirement and release him based on just his promise to appear at future court hearings. Regardless, he needs to speak to an attorney about all of the particulars of his case so that a defense strategy can be put together.

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  • What a rpo

    if i had to report to probation department for a rpo do i need a att orney with me

    Sam’s Answer

    "RPO" is generally used to refer to a hearing intended to "Review the Previous Order" in a case (eg: to revoke a previous grant of parole). You should contact the Merced County Probation department to make sure as they may use the acronym for another less-recognized term. Their phone number is: (209) 385-7494

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  • Does Los Angeles still have to pay red light traffic tickets?

    My picture was taken at an intersection but I'm confused. I'm hearing the red light ticket program was shut down but I checked my DMV record and the ticket is there. Can someone give me a clear answer?

    Sam’s Answer

    In addition to the previous answer, you should also be aware that a red light violation is a "moving violation" which carries a 1-point assessment on conviction. If you accumulate 4 points in a year (or 6 points in two), the DMV will seek to suspend your license. Also, your insurance rates will likely go up if you are convicted for the red light infraction. It's worth it to seek legal representation to fight the ticket or at least push for a non-point infraction.

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  • Both of my son's and there dad were arrested for carjacking one of my son's do have a prior for vehicle theft

    I don't know what happened what I do know is that they got into a fight with someone and next thing I know cops were pounding on my door the next morning taking all of them into custody. How much time could they get. In other words I want to know ...

    Sam’s Answer

    More facts are indeed needed in order to thoroughly address your questions. For example, there is no way of calculating the maximum jail/prison sentence your sons and their father are exposed to without knowing what they have been charged with. For your reference (and assuming they were arrested for for an incident that occurred in Kern County), you can use the court's website to see what charges have been filed, if any: http://www.co.kern.ca.us/courts/crimcal/crim_index_def.asp

    (Note: It may be a few days before the charges show up on this site.)

    Additionally, if you desire, you can call me to set up a free consultation to discuss this matter further. My number is 661-852-0713.

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