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Amy Katherine Guerra

Amy Guerra’s Answers

277 total


  • Am I allowed to bring a recorder into court with my son on prelim in calif?

    Pc187 prelim

    Amy’s Answer

    I somewhat disagree with the previous answers. You cannot record without asking for permission FIRST, but Rule 1.150 does allow for personal recording devices where the judge has approved it:

    The judge may permit inconspicuous personal recording devices to be used by persons in a courtroom to make sound recordings as personal notes of the proceedings. A person proposing to use a recording device must obtain advance permission from the judge. The recordings must not be used for any purpose other than as personal notes.

    Talk to the defense attorney for your son; they may be willing to request permission for you, assuming they don't think it would be harmful to your son's case to do so.

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  • Am I Eligible For Prop 47? I Was Arrested for Residential Burglary, But Plead To & Convicted For 2nd Degree Burglary.

    I was arrested for residential burglary, but plead to & was convicted for 2nd degree burglary. I don't know whether residential burglary is always 1st degree, or whether it can sometimes be 2nd degree. I've read that 2nd degree burglary is "...

    Amy’s Answer

    Unfortunately, as you suspected, it does need to be a commercial establishment. 2nd degree burglary of a residence is ineligible for reduction under Prop 47, regardless of the value of items stolen.

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  • When accused of a crime shouldn't everything involved be taken in as evidence?

    If someone was arrested and accused of possession of a controlled substance, although not found on the person, while riding a bicycle, should the bicycle be taken in as evidence also? The reason for the initial stop was because the officer claime...

    Amy’s Answer

    It's not uncommon for officers not to collect a bike, or impound a car, or even to take a photograph where they're alleging that there was some minor violation warranting a stop.... There may be multiple reasons for that but a good defense attorney will investigate the facts underlying the stop to determine if an officer really did have probable cause to stop. You should consult with a defense attorney-- there may be an argument for dismissal/suppression if the stop was bad.

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  • What do i do now ? please help me.

    I was 17 Years old when i got my first/last Open Container ticket however i was NOT driving i was sitting passenger. I don't even remember why we got pulled over :/ Anyway, when the officer approched the car he seen the open container and asked me...

    Amy’s Answer

    You should speak to an attorney as soon as possible to address this. They'll be able to look up any minute orders on your case and see if you can be put on calendar. If you don't have funds to retain counsel, you can go down to the juvenile department and attempt to put yourself on calendar.

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  • I received a DUI charge. Can evidence be thrown out. I was in a car accident. officer was related to my husband. Domestic disput

    I was on a diet my sugar level dropped. The physician prescribed medication. Which I have been taking for some time.Never had a problem. My husband told his cousin I was under the influence which was not the reason for the car accident it was my ...

    Amy’s Answer

    • Selected as best answer

    The best way to find out if you have a case that has issues is to set up a consultation with an attorney. That gives the attorney an opportunity to review whatever paperwork you have, listen to what occurred and assess whether there are any potential issues. The advantage to hiring private counsel is that you can do this long before you go to court, and most attorneys always attempt to address any DMV issues at a hearing that can be requested. You should consider consulting with an attorney as soon as possible if you are able to retain your own private attorney.

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  • Can you bail out a 17 yr old??

    My neice is 17, now incarcerated for assault with deadly weapon other than firearm her dad is locked up is there any way I can bail her out. She turns 18 in a week should I wait then?

    Amy’s Answer

    I agree with Mr. Marek, she is only eligible for bail if she's charged as an adult. Unfortunately, even if she turns 18, she won't be eligible for bail unless her case is transferred to adult court.

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  • Pc 290.012 (a)

    After failing to register how fast is a complaint filed in court by the agency in charge of the case?

    Amy’s Answer

    It depends on a lot of factors, like how busy the officer who discovered it is, how long it takes the DA's office to file, whether the case requires more investigation, etc. Because it sounds like you may have some time before it gets filed, you should consult with an attorney to see if there are any mitigating steps you could take now before the case is filed.

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  • If I barely enrolled at probation prop 36 and the first time I have to test is too soon I am going to be dirty what happens

    I enrolled at probation for the first time since court that was on Tuesday I didn't have to test that day but on Thursday I go back in and meet a drug assessment clerk I am going to be dirty what is going to happen to me for my first time testing

    Amy’s Answer

    You should speak to the attorney who handled your underlying case. It's not uncommon for people to be dirty on their first test, but skipping the test, or lying about it makes things worse. On regular probation, some probation officers would consider it a violation, while others it wouldn't. Talk to your attorney so that they can try and mitigate any potential damage (for example, they might be able to give probation a heads up, or tell you to go to NA/AA meetings, etc.). Usually on Prop 36, you have several "chances" before being violated so it's probably not something to be too worried about--- just take advantage of the services available through Prop. 36 to stay clean. Good luck!

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  • Charged with pc 273.5 but plead to pc 242 is it still considered domestic violence all this happened in 2000

    DOJ says I am banned from buying a gun.

    Amy’s Answer

    You were not banned from buying a gun because the charge is domestic violence related, but rather, because ANY battery (domestic or not) carries a 10 year gun ban from the date of conviction. If you were convicted in 2000, you should have already passed the ban. Gun ownership/bans are a complicated area, you should consult with an attorney about looking at why your rights haven't been restored...

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  • What does time waived + 10 crt. days mean?

    A person was supposed to go to jury trial but now it says time waived to 6/19 +10 crt. days; 2 week est. (7/3). What does that mean? Will there ever be a certain date that the trial will actually start? (It has been waived 2 times already)

    Amy’s Answer

    In Madera, a +10 time waiver is considered a "specific time waiver." It's a way for the defense to waive some time (usually to investigate, or to review the case, etc.) without giving up the ability to force the DA to take the case to prelim/trial within a short period. From what you've posted above, the trial is set to start on 6/19, but either party will be able to continue the matter within the +10 day time waiver if needed.

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