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Daniel Kieth Martin

Daniel Martin’s Answers

21 total

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

    my friend was picked up on DUI in california and has an outstanding warrant (feloby) in Georgia. the court website says not eligible for bail, extradition hold. another website for the same case says under Disposition Codes:Dismissed. does that ...

    Daniel’s Answer

    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.

    I always caution people that the public web sites that have inmate information are frequently wrong and generally are unreliable.

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  • Do I need a Lawyer

    I made a terrible mistake and a bad decision and was caught shoplifting a pack of meat ( value at $35). I went to court and the charges were reduced from a misdemeanor to an infraction. However my new employer just ran a background check on me an...

    Daniel’s Answer

    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 that you changed your plea to guilty or no contest. Make sure the clerk recorded it as an infraction. If not then put yourself back on calendar and ask that it be corrected. You may need a lawyer to make sure this is done correctly.

    Good luck.

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

    hi i got a dui in july 2001, i did my jail time and their was no court fees(waved). its been over 10 yrs now.,and D.M.V. said i still have to do a dui program to get my driver licence back, can u help, is that a kind of thing that would stop anoth...

    Daniel’s Answer

    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.

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  • How long does an arrested for drinking under the age last on record??

    i was arrested 5 years ago when i was 15 for drinking under the age. i was not put in a cell, my parents had to pick me up that same night. i didnt recieve community service. my punishment was getting my driving permit revoked for 6 months and h...

    Daniel’s Answer

    You should not have any problems. They will not be able to see the incident or any record of the incident. Remember that you do not have to report the incident as a conviction because juvenile cases are adjudications not convictions. (there are some exceptions however this case is not one of the exceptions)

    It is not that it gets removed from your record, more accurately it is not included in your adult record and only your adult record is seen by anyone without a court order. The District Attorney can see it in their own records but even they will not see the actual case information in the court file.

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  • Does the new law count in california for parolees

    What if you are on parole and you had a dui 9 years ago and you get stopped by the police and are arrested again on another dui, how long will it take to see the board and how long will they give you. The person is waiting to go to the parolee boa...

    Daniel’s Answer

    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 that he would get either a treatment program or six months eligible which means he only has to do half time.

    As to the punishment from the Superior court, it will probably be less than the parole violation so there will be no additional jail time. There will be additional things that he must do to get his license back.

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  • How long should a juvenile felony record take to seal?

    I have a felony juvenile record that i wanted to get sealed. i went through my counties probation to start this process when i turned 18. The probation officer handling my case said it would take 3-4 months to seal the record. She said that she...

    Daniel’s Answer

    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 people are masters at avoiding people on the phone, you may never get in touch with them. Good luck.

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

    ok lets say there were 50 counts charged against me and my co de fendent but during the pre lims they were drop all but 10 on me my case got seperated from my co def, in my case i plead guilty to one felony but they added the harvey waiver to...

    Daniel’s Answer

    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 restitution.

    If a preliminary hearing was conducted and you were not held to answer on some of the charges then a strong argument could be made that those counts should not be considered as well.

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  • How do I (as the registered owner) get my vehicle released off a 30 day hold?

    I recently purchase a used vehicle. Went to DMV, submitted proof of insurance, paid fees, was told I needed a smog certificate and was given a #8 - it was the middle of August. I asked the DMV Representative, "This only gives me until the end of A...

    Daniel’s Answer

    The officer that issued the citation and the hold is the only person that can lift the hold. Sometimes these officers do not realize that they have the ability to do this, however if you read the statute that applies it clearly says that the officer can release the hold.

    Unfortunately, I have contacted officers for my clients on two different occasions. Both times the officers refused to lift the hold. You may be able to convince the officer to lift the hold if you explain that you are disabled. Good luck, I hope it works out for you.

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  • Can you leave California to reside in another state when you are given informal probation?

    My mentee will get out of jail for petty theft after his 60 days. He is being given informal probation. He wants to go live with his father in Arizona. Can he move there during the next 3 years?

    Daniel’s Answer

    Yes he can move however to be on the safe side he should go to the calendar department of the court that he was convicted in and ask to be put on calendar for a probation modification. Since he is on informal probation, he does not have a probation officer to ask for permission.

    He should attend the hearing and explain to the judge that he wants to move. The judge will probably approve it and he will basically be done with probation because the new state should not bother him.

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

    i have to request for hearing regaring dui issue.

    Daniel’s Answer

    • Selected as best answer

    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.

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