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Michael Evan Mitchell

Michael Mitchell’s Answers

24 total

  • Does california offer a occupational license for driving, I have child support arrears in boston and mass suspended my license

    and california did so afterwards, I need to drive for work as im a nurse and at least 40% of the jobs for nursing outside a hospital involve driving in their requirements does ca offer one and if so how do i qualify, seems stupid to me they would...

    Michael’s Answer

    There is an interstate agreement to honor actions taken by other states against your license. You'll have to get the suspension lifted in Mass. To get the suspension lifted in CA.

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  • Stolen credit card can person get in trouble

    Person A has stolen credit card and starts bar tab. Person B does not know about stolen card but orders drinks on person A tab. Can person B be in trouble for stolen credit card? Is person B responsible for paying tab? I think they should b...

    Michael’s Answer

    If person B does not know it is stolen, then, hypothetically, they should have no legal responsibility. If they weren't offered a free drink by person A, they might not have ordered a drink at all. Of course, contact an attorney in your own state to find out what the law is where you reside.

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  • Case number warrant..how am i being charged?

    I really need some legal advice really bad! i am 4 months pregnant and i dont want to have my baby while i am in jail and be in jail for 8 months or longer and be seperated from my 5 year old daughter that i love with all my heart.I was at a publi...

    Michael’s Answer

    Hmmm, a crafty attorney could probably make the argument that you were returning the phone to the rightful owner and the request for a reward was merely a request, not a demand. I'd think a prosecutor would have trouble proving that case, at least in California. You'll want to contact an attorney in your own home state to make sure you know all the legal defenses applicable.

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  • If you violate probation in two states can they run your sentence together?

    Felony supervised probation

    Michael’s Answer

    I've been able to run state sentences concurrent with federal sentences and vice versa. But either the Feds or one of the states will have to agree to do that. I'd recommend you contact an attorney in one of the applicable states where the charges are pending to see if this can be done.

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  • Should I talk to my brothers public defenders investigator?

    I'm afraid of saying anything incriminating to the investigator that works for my brothers public defender. The public defender told me that its a lot "cleaner" for me to talk to his investigator and not him because he will then be a witness to t...

    Michael’s Answer

    The public defenders investigator works for the public defender and is their to help your brother. In California, the defendant is only required to disclose the names and addresses of witnesses that they intend to call at trial (PC 1054.3). If your statement hurts your brothers case, under the law the defense would only be required to disclose it if he calls you as a witness. Presumably, he would not call you if your statement was not helpful. So in short, not talking to the investigator would only serve to hurt your brother's defense.

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  • What does it mean when you are sentenced to 3 years probation on 2 counts to be ran concurrently?

    "FIRST OFFENDER SENTENCE THREE (3) YEARS TO SERVE ON PROBATION AS TO COUNTS- 1 AND 2, TO RUN CONCURRENTLY." this is what the sentence was..does that mean 3 years for both accounts or 3 years for each which would be a total of 6 years?

    Michael’s Answer

    In California concurrent sentencing means that one charge is subsumed within the other charges, so if one charge carries 3 years and the other carries 3 years, you would only serve three years on a concurrent sentence, whereas consecutive would be 3 + 3 = 6.

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  • Charged with 496 (a) pc/f how can the prosecuter prove i knew the item was stolen when I didnt know.

    Ive been charged with 496 (a) pc /f I sold a snowblower to a friend that i bought from a mexican who i dont have his number or know where he lives. This snowblower came back as stolen. If they thought i stole it wouldnt they have charged me with s...

    Michael’s Answer

    • Selected as best answer

    Receiving stolen property is the receipt of the property after someone else stole it- they don't have to show that you stole it. Only that you knew it was stolen. But, of course, the prosecutor must prove that you knew it was stolen and convince 12 members of the community beyond a reasonable doubt. One way they could prove you knew is if your ex-friend testifies that you told him you knew it was stolen, but that's doubtful since he would be incriminating himself.

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  • California summary probation and moving out of state

    My daughter, aged almost 20, is on summary probation for another two years for DUI with a high BAL of 0.2. She has completed her community services and soon to complete her alcohol classes. She wants to move out of state with her boyfriend. I do n...

    Michael’s Answer

    No, unless she was on formal probation or judge made it a condition of her probation. I have many clients who are out of state on summary or informal probation, as well as clients who move out of state on informal probation.

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  • My uncle was drunk and hit his girlfriend daughter she a minor what will happen how can I help n how much jail time

    She put a restating on him

    Michael’s Answer

    If the victim was a minor, he could be facing felony child abuse charges, it depends on the severity of the injuries in whether the DA wants to file it as a misdemeanor vs. a felony. He could also be required to go to special classes on child abuse as well if he is convicted.

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  • If my criminal record was suppose to be exsponged ,how come the courts can still access it?

    i did crc time and my record was suppose to be exsponged and its not.

    Michael’s Answer

    The only true expungement in California is in cases where you can show factual innocence. Penal Code section 851.8 PC provides that a person who has been arrested or detained and is determined to be factually innocent may petition the law enforcement agency or the court having jurisdiction over the matter to provide for the sealing and destruction of the record of that arrest.

    However, a Penal Code 1203.4 expungement should make if so that a conviction is not visible to private employers or members of the public. When a 1203.4 expungement is granted your plea of guilty is withdrawn and a plea of not guilty is entered and the cases dismissed. But the conviction still must be disclosed to obtain a license or for employment with the California state lottery.

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