Amy Katherine Guerra’s Answers

Amy Katherine Guerra

Fresno Criminal Defense Attorney.

Contributor Level 12
  1. Why didnt the jail notify my probabtion office that i turned myself in?

    Answered over 1 year ago.

    1. Amy Katherine Guerra
    2. John M. Kaman
    3. Michael Joseph Aed
    4. Frank Mascagni III
    4 lawyer answers

    The jail system and the clerks system have two related, but separate systems. I suspect that if you were arrested, they would not recognize their mistake. Given the number of jail releases that are happening In Fresno, it's possible that the paperwork was overlooked. Are you sure you weren't given a new report date or that the warrant isn't regarding a new matter? Keep checking on it, I have seen certain judges refuse to accept a jail release as time served. You may consider contacting your...

    13 lawyers agreed with this answer

  2. Is Communication between a victim and Prosecution considered privilege?

    Answered about 2 years ago.

    1. Amy Katherine Guerra
    2. Michael Charles Doland
    3. Frank Wei-Hong Chen
    4. David Philip Shapiro
    4 lawyer answers

    No, it is not. The defense is entitled to have your statements because the prosecution has an obligation to turn over evidence that could be favorable to the defense or goes towards innocence/guilt. If the information is irrelevant to the criminal action, it may not be turned over, but if it relates to the crime, it probably will be.

    9 lawyers agreed with this answer

  3. If your defense lawyer waived your right to a speedy trial without your consent can you get it reversed?

    Answered about 2 years ago.

    1. Chris J Feasel
    2. Amy Katherine Guerra
    3. Michael James Kennedy
    4. Ryan James Tegnelia
    4 lawyer answers

    There are some circumstances where the judge may grant a continuance, even over the defendant's objection... although the attorney must demonstrate good cause (like unavailability due to preplanned vacation or illness). If your fiancé is concerned about his time waiver, he should speak with his attorney and/or address it with the court.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. My father was arrested for a auto theft charge that he didnt commit it was a borrowed car from a freind

    Answered about 2 years ago.

    1. Amy Katherine Guerra
    2. Elliot Rahmim Zarabi
    3. David Mark Wallin
    4. Mitchell Scott Sexner
    4 lawyer answers

    If your Dad has a witness the that needs to be investigated or some evidence that he didn't commit this crime, he should present it to his attorney as soon as possible so that it can be investigated. It's not for us to second guess his attorney's advice to him-- sometimes there's more to the story than is apparent to family members, but if he feels like he's not being represented adequately he may need to address it. If his attorney is appointed, he may want to consider consulting a private...

    8 lawyers agreed with this answer

  5. How do I find out what someone was sentenced?

    Answered about 1 year ago.

    1. Michael Anthony Hernandez
    2. Joshua Sabert Lowther
    3. Raymond George Wigell
    4. Michael Kevin Cernyar
    5. Joshua Sachs
    6. ···
    7 lawyer answers

    In Fresno, the records are available publicly on V2, a computer system available on the 4th floor of the main courthouse. You can look someone up by name and it will show you their dockets, minute orders, charges, etc.

    7 lawyers agreed with this answer

  6. For how long can police keep your car if they shoot and killed a person in it for evidence

    Answered over 1 year ago.

    1. Michael Carter Lukehart
    2. Amy Katherine Guerra
    3. Gayle Anne-Marie Gutekunst
    4. Victoria L Clemans
    4 lawyer answers

    Evidence is usually kept until the case resolves, is dismissed or goes to trial. There are exceptions, especially where the police agency and/or D.A. agree to release the property in question.

    7 lawyers agreed with this answer

  7. Can this case still be taken to trial?

    Answered over 1 year ago.

    1. Seth Andrew Weinstein
    2. Amy Katherine Guerra
    3. Michael Douglas Shafer
    4. Richard Timothy Jones
    5. Frank Mascagni III
    5 lawyer answers

    If the sentence was already administered- the D.A's failure to allege a strike will not allow them to modify the sentence. The judge is right- the prosecution's failure to find the strike is their problem, not the defendant's.

    7 lawyers agreed with this answer

  8. How long after arraignment is trial confirmation?

    Answered over 1 year ago.

    1. Amy Katherine Guerra
    2. Seth Andrew Weinstein
    3. Michael Joseph Aed
    4. Richard Timothy Jones
    5. Lars Shallberg
    5 lawyer answers

    It depends on a lot factors. If he doesn't waive time at all- within a few months. If he waives time to allow his attorney to prepare, or to investigate his case, etc.- much longer. It takes time to properly represent a client; some times it takes much longer than anyone expects. There are even factors out of our control (courtroom unavailability, defense witness issues, etc.) which occasionally impact things. Good luck.

    7 lawyers agreed with this answer

  9. What are the chances my family member doing less than 6mos with a DUI charge on FIRST offense?

    Answered over 1 year ago.

    1. Amy Katherine Guerra
    2. Chris J Feasel
    3. Kevin Samuel Sullivan
    4. David Alexander Blair
    4 lawyer answers

    The maximum anyone can receive on a regular DUI with no enhancements is 6 months. Unfortunately, your family member is also charged with crimes that carry up to 1 year in custody if they are filed as misdemeanors, but up to three years individually if they are filed as felonies.without knowing the facts, it's impossible to tell with certainty, but given the charges (possession of a loaded weapon, child endangerment, possession of an assault weapon) there's a decent chance he may be facing...

    7 lawyers agreed with this answer

  10. Is it a crime to put an offensive bumper sticker (something that just says "WH*RE") on someone's car w/ out their permission?

    Answered about 2 years ago.

    1. Elliot Rahmim Zarabi
    2. J Charles Ferrari
    3. Amy Katherine Guerra
    4. Sean Anthony Brady
    5. Michael Charles Doland
    6. ···
    6 lawyer answers

    I understand you're upset, but this is not the answer... It sounds like this is an emotionally charged situation that will only grow in intensity by acting on it. Find a better way to express your anger rather than risk prosecution on anything.

    7 lawyers agreed with this answer