Tracey Beryl Gallagher's Answers

Tracey Beryl Gallagher
Ridgecrest Criminal Defense Attorney.
Contributor Level 10

2

Attorney answers:

  1. Ben Walter Pesta II
  2. Tracey Beryl Gallagher

No money to pay traffic violation ticket

Asked by a user in Van Nuys, CA - over 3 years ago.

Ask the court if you can make payments. They usually have a payment plan but will tack on an accounts receivable fee. Also ask to see if you can get the court fine lowered. Many times you can. Have you made your court appearance yet? If not, put yourself on calendar and explain to the judge your situation, many times the courts will work with people. This is an infraction, so you will not be put in jail, however, a failure to pay a court fine can if you fail to keep up with the payments....

5 people marked this answer as helpful

3

Attorney answers:

  1. Tracey Beryl Gallagher
  2. Joshua Matthew Dale
  3. Salim John Sheikh

What is the minimum penalty for meth posession, DUI/meth, cruelty to minors? 3 felonies and 2 misdemeanors in one stop

Asked by a user in Los Angeles, CA - over 2 years ago.

Drug diversion is not available at this time because of the non drug related offenses attached to the felony possession charge. Meaning the DUI and the child charges. Why was her vehicle searched? Was it incident to arrest? Was it searched because the car was towed? It is not unusual for the DA to attach other charges with the felony. It does not mean that they charges can or will not be dismissed. Her attorney will review the report to look at why and under what means the vehicle was...

3 people marked this answer as helpful

3

Attorney answers:

  1. Tracey Beryl Gallagher
  2. James Robert Fox
  3. Brian Richard Dinday

Is there any way I can join the military with a criminal record?

Asked by a user in Indio, CA - almost 3 years ago.

I would file the motion to have the felony reduced to a misdemeanor regardless of whether or not you want to enlist. It is within the discretion of the court to reduce a felony to a misdemeanor and some felonies cannot be reduced to misdemeanors. Was this a 460(a) felony? I would also gather many character references, awards if you have any and put this together and seek the services of an attorney or if you cannot afford to pay for a private attorney to do this have the public defender's...

3 people marked this answer as helpful

1

Attorney answers:

  1. Tracey Beryl Gallagher

What would be a reasonable sentence for a pc242 w/an enhancment of a 243(e)1?

Asked by a user in San Pedro, CA - over 2 years ago.

You need to listen to your attorney. If you are not a citizen you can be deported if you plead to this type of charge.

2 people marked this answer as helpful

4

Attorney answers:

  1. Tracey Beryl Gallagher
  2. Robert Lee Marshall
  3. George Fredrick Mueller
  4. Amy Treanor Morell

Have a restricted license due to a dui conviction, I'm allowed to drive to and from work..

Asked by a user in Oceanside, CA - almost 3 years ago.

What you need to also be careful of is a violation of your probation. I take it that you pled to a DUI so therefore you are probably on summary probation. Any new type of law violation could cause your previous probation (DUI) to be revoked and could subject you to jail time. Best advice is to get your tags updated, so you won't run into this problem.

2 people marked this answer as helpful

2

Attorney answers:

  1. Tracey Beryl Gallagher
  2. Joseph Briscoe Dane

How do I take care of a citation code 488?

Asked by a user in Ceres, CA - almost 3 years ago.

Do you mean Penal Code 488 which is a petty theft. You need to ensure that you have a lawyer or if you can not afford an attorney the court will appoint one for you. Pleading to a 488 can have a serious impact in the future, meaning, if you get a second charge of a petty theft that the DA can charge this as a felony 666. Be sure and speak with your lawyer before entering a plea to this charge. Good luck!

2 people marked this answer as helpful

1

Attorney answers:

  1. Tracey Beryl Gallagher

Federal magistrate citations and jurisdiction

Asked by a user in San Diego, CA - almost 3 years ago.

Did you get cited by federal police on a base in this matter? I would need more facts of the charges to be able to give a more substantive answer. I take it you were cited while on a federal installation?

2 people marked this answer as helpful

3

Attorney answers:

  1. Tracey Beryl Gallagher
  2. Richard Orville Middlebrook
  3. Ryan Patrick McClure

Dui sentencing/ plea bargaining

Asked by a user in California - over 3 years ago.

First, if you did not intentionally leave the scene but were in fact going to get help or telephone someone, why would you plead? Second, what you could do if you are going to plead to the DUI, is ask for your fine to run concurrent with your electronic monitoring. Why were you stopped? Many questions first before you take a plea, just because your BAC was .15 you need to make sure first that your lawyer has examined your case. Did the officer watch you for 15 minutes prior to you blowing (...

2 people marked this answer as helpful

3

Attorney answers:

  1. Tracey Beryl Gallagher
  2. Ben Walter Pesta II
  3. Brian Richard Dinday

Child porn possession

Asked by a user in San Jose, CA - over 3 years ago.

Do NOT make any further statements to anyone without your attorney present period!

2 people marked this answer as helpful

1

Attorney answers:

  1. Tracey Beryl Gallagher

Suspended license in CA

Asked by a user in Santa Clara, CA - over 3 years ago.

If you did not receive notice and had no knowledge that is a defense. If you never received notice in the mail, then you were never notified. You will need to address this with the court in California first before the hold will be lifted off of your license so that you can obtain your license in the new state you are in. Chances are a failure to appear has been added and possibly a bench warrant, so you need to get this cleared up right away. Good luck to you.

2 people marked this answer as helpful