Daniel Kieth Martin’s Answers

Daniel Kieth Martin

Fresno Criminal Defense Attorney.

Contributor Level 8
  1. My Daughter got 60 hours cs and a $300 fine for selling cigs to a minor. She paid the fine but did not do the hours.

    Answered about 3 years ago.

    1. Daniel Kieth Martin
    2. Ali Faal
    2 lawyer answers

    She is not going to trial, trials are to determine guilt and items that are in dispute. She has already admitted guilt. They may have set a hearing to determine whether or not she violated probation however there will be no jury for that hearing. Your daughter should hire a lawyer because he or she can often smooth things out and in the meantime try to do some, even if it is only a few hours of community service she should try to get some done.

    1 lawyer agreed with this answer

  2. I need to no what they can charge me on my harvey waiver

    Answered about 3 years ago.

    1. Joseph Briscoe Dane
    2. Daniel Kieth Martin
    3. David Jon Pullman
    3 lawyer answers

    A Harvey Waiver refers to the 1979 case of California v. Harvey. The ruling in that case was that a court cannot consider dismissed charges in determining the amount of restitution. If you waived the right to keep the dismissed charges out of 'the calculation.' Then the court can consider the charges that you were charged with before you changed your plea. If your co-defendant was charged with counts that you were not charged with, then those counts cannot be considered against you for...

    1 lawyer agreed with this answer

  3. Changing an Arraignment date

    Answered about 3 years ago.

    1. Andrew Stephen Roberts
    2. Daniel Kieth Martin
    3. Elliot Rahmim Zarabi
    4. William Carlos Makler
    4 lawyer answers

    It would be very unusual and you will probably run into resistance. Just as it has already been said, the prosecutor's office may not be ready because the prioritize the in custody cases over the out of custody cases. It would probably be more hassle than it is worth. If you will not be in town you can hire a lawyer who can appear for you on a misdemeanor. Good luck.

    1 person marked this answer as helpful

  4. Does the new law count in california for parolees

    Answered about 3 years ago.

    1. Daniel Kieth Martin
    2. Robert Laurens Driessen
    2 lawyer answers

    When you say the new law that took affect on October 1, 2011, I am assuming that you are referring to AB109 also known as the Public Safety Realignment Act. The answer is no, it will have no effect on his parole if he was placed on parole before October 1, 2011. He must be advised of the parole violation allegation within three days of arrest and must go before the parole hearing within 15 days of arrest. I cannot say with certainty how long they will give him, however I would suspect...

    1 person marked this answer as helpful

  5. Is an in person hearing better than over the phone? (dui hearing at DMV)

    Answered about 3 years ago.

    1. Daniel Kieth Martin
    2. James C Forslund
    2 lawyer answers

    Generally speaking, in person hearings are better. Sometimes an officer does not show up or if there will not be an officer you still get a better opportunity to connect with the hearing officer. Hearing officers are human just like the rest of us, they may be more lenient on you if they have a face to put with your argument. If you have to travel a long distance or it is difficult for you to get around, you can still have a hearing over the phone, the law that applies will be the same.

    Selected as best answer

  6. What kind of time is one facing least to worse in the following situation:

    Answered about 3 years ago.

    1. Daniel Kieth Martin
    2. John M. Kaman
    2 lawyer answers

    It is difficult to say for sure because there are many factors that will affect the final outcome. The crime of impersonating a Peace Officer is a class D felony in Kentucky. A peace officer is defined as any member of a law enforcement agency, so probation would be included in that. Class D felonies are punishable by one to five years in prison however this charge is frequently negotiated down to something else like disturbing the peace. He is likely going to do a little bit of time in...

  7. My friend is awaiting extradition but the court website says under disposition codes that its been dismissed what does this mean

    Answered about 3 years ago.

    1. David Jon Pullman
    2. Daniel Kieth Martin
    2 lawyer answers

    It could mean two things, either the county your friend is in has decided not to prosecute for the DUI, this is entirely possible because they know that she has a felony case in another state. Or it could mean that the state of Georgia is not going to pick her up. I would say that this is more likely because most states have policies that they will not pay to transport a person from a state that is not connected to their state unless the crime is very serious like murder or a similar charge....

  8. Do I need a Lawyer

    Answered about 3 years ago.

    1. Harry Edward Hudson Jr
    2. Daniel Kieth Martin
    3. David Jon Pullman
    4. Rita Skuratovsky
    4 lawyer answers

    This happens quite frequently. Most of the time the court file is correct however due to the fact that it was originally filed as a misdemeanor the case number makes the case look like a misdemeanor. Most courts use case numbers to designate the type of charge so a misdemeanor case has a number that starts with an M, felony cases have a number that starts with an F. The first thing to do is go to the court where you suffered the conviction and ask to see the minute order for the hearing...

  9. Is their any chance of me getting my drivers licence back?

    Answered about 3 years ago.

    1. Daniel Kieth Martin
    2. Robert Laurens Driessen
    3. Manny Daskal
    4. Ted Harvatin
    4 lawyer answers

    You should be able to get a California license as soon as you enroll in a DUI class and to to the DMV with proof of enrollment. A first time DUI class in California is not that bad, most programs cost less than $200 and you do not have to complete it before you get the license.

  10. How long should a juvenile felony record take to seal?

    Answered about 3 years ago.

    1. David Jon Pullman
    2. John M. Kaman
    3. Daniel Kieth Martin
    3 lawyer answers

    I happen to practice in Fresno County and I have had similar problems contacting juvenile probation officers. The good news is that even without sealing your record, nobody can see the conviction with the exception of the District Attorney because juvenile convictions are not a matter of public record. As for getting your case sealed, I would recommend that you go out to the Juvenile Justice Center and wait in the probation office waiting room until you get to speak with someone. Those...