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David Raymond Mugridge

David Mugridge’s Answers

18 total


  • The judge told the other side what legal arguments they should raise to win. Can I change judges in my case?

    Yesterday, I went to a motion hearing where I was opposing the other side's motion. The judge denied the other side's motion but "without prejudice". The judge then told the other side what legal arguments to raise in a new motion. I don't thin...

    David’s Answer

    Thankfully, although judges commonly will ask the parties to address specific issues, they don't go so far as to control what issues thr parties will raise in the first instance. But most good judges recognize that there are certain issues of law that if not handled correctly by the Court could result in a reversal later on that would essentially mean a waste ov valuable time. There is a big difference between a pro-active judge trying to make good use of everyone's time and a judge who in essence is a dictatorial control freak. The former type is to be hoped for while the latter is to be avoided at all costs.

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  • How does an INFORMAL APPEAL WORK? Say it's over unclaimed property... I am clueless on what this means..

    ... & how the process works ?? Could someone explain to me how it works please.. ? Thank you ~

    David’s Answer

    An appeal -in house- is sometimes referred to an informal appeal. This is to be contrasted with an order or judgement from a Superior Court which may be "formally" appealed to the State Appellate Court. For
    example, a decision from the Dept. of Motor Vehicles can be appealed within the Dept. by filing an administrative appeal. The examples are too many to list.

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  • What are your options post-appeal?

    I was convicted at trial. Filed an appeal and had a court-appointed attorney for my appeal. He determined that there were no appealable issues. The penal code that was used to charge me is currently being challenged as unconstitutional in anoth...

    David’s Answer

    I think you meant to say that your appointed appellate attorney failed to raise any issue on appeal, including the constitutional one. (Otherwise called a Wendy brief.) If that is the case the California supreme court will not consider it on direct review from the appellate court. You are then limited to raisi ng the issue by a Habeas Petition. And, in order to get to Federal court eventually you must file with them within one year after the state supreme court either denied the issue raised in your habeas petition after briefing or issued what is commonly called a post card denial. This is potentially a difficult and significant issue. I have unfortunately seen this issue lost too many times because of a failure to take prompt action. Do not delay. Get to an attorney immediately.

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  • What to do next?

    Hello all. Recently I was terminated for narcotic theft at a LTCF where I worked. I was questioned (and unbeknownst to me, recorded) and told that if I wrote a confession that they would "let it go". Now, fast forward two days and I'm informed tha...

    David’s Answer

    • Selected as best answer

    If this case is truly filed as a misdemeanor petty theft then I would agree that $10k is a bit excessive. And some public ditfenders can be quite good. The only real problem with a PD is their lack of time with you. But you do get what you pay for in this business.

    On the other, even a misdemeanor conviction for a drug related petty theft will negatively impact your future job prospects. And it will cost you money in the future if you try to expunge your criminal record. In short, this is too significant and potentially problematic for you to screw around with. I would suggest that you look around for a good private attorney that can help without requiring you to sell your first-born to come up with the money. Start looking with AAVO. Then check-out the state-bar for certified criminal law specialists. And lastly, look on the WEB for "Super Lawyers" in your area. If you have to hire a private attorney then shop around. Those of us that practice criminal law know what price the market will sustain and expect that our clients have checked us out and compared our experience. Don't be afraid to ask. This is too important to you. Good luck.

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  • I have to goto a bypass hearing at D.S.S. for a cps case. What do I say or do.

    They want to bypass my parental rights due to a prop 36 class that I didn't complete due to the fact medi cal changed there policy and stopped covering classes when I went to court my lawyer told the judge I couldn't afford the classes at 50.00 a ...

    David’s Answer

    Your question seems to be a mix of both criminal law and dependency. Although there are some relationships between the two, I believe that when you say you received "a county year and no probation" that tells me you are talking about some kind of criminal conviction. While that may in turn be some kind of reason for termination of parental rights, CPS can't simply terminate parental rights without some kind of a judicial hearing. You should should contact an attorney who can represent you in the dependency court. Usually the County will help provide for the expenses of the classes that the dependency court requires you to take. Don't wait to get help.

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  • Why is there no appeal process in California Probate Courts after trial by Judge? Who made this decision?

    I want to know who made the deciding factor that is no appeal process in probate court after trial by judge? Also why is there no jury and only a judge for trial in probate court?

    David’s Answer

    By statute in California, certain orders may not be immediately appealed although they might be immediately challenged by a process called a "writ". But the judgement after a trial in California, whether it is by a jury or a judge without a jury, is subject to review on appeal. Whomever told you to the contrary is simply wrong. Or perhaps you may have misunderstood. Having worked at the Court of Appeals before I went into private practice I can assure you that Probate cases are no different.

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  • After my case goes to appeal, can I ask for change of venue?

    My case just went to appeal and I believe that there could be prejudice to my case since the other side are well known in the county the case is litigated in. I believed the same prejudice existed as the case was being litigated in superior court...

    David’s Answer

    Appellate Court judges are made up of judges from several counties. And part of the underlying reason that is the process is to insure that the parties can feel secure in the independence and impartiality of the appellate court. An appellate court justice can recuse himself/herself from a case because of some perceived relationship. But once the case has gone through the process of a trial in a particular county it will automatically go to the Appellate District that covers that county. There is no change of venue possible.

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  • Can you appeal the decision of an evidentiary hearing?

    My girlfriend asked for an evidentiary hearing to contest the $300 civil assessment because she was not properly noticed. The third party company handling the assessments appeared and read what sounded like a log of what happened and when. They ...

    David’s Answer

    While even a ruling from an evidentiary hearing can be challenged, the underlying question is whether or not it may realistically should. A $300 civil assessment will probably seem insignificant compared to the cost of challenging it in a higher court. And, for what it is worth, I agree with you. Just because the law presumes delivery by a presumption of a judicial act does not mean that you can't dispute actual receipt of notice.

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  • Filing record designation in appeal:

    I filed my record designation form in court and served the other side. The copy that I served the other side with though has an extra marked box that was not marked in the copy that I filed with the court. Is that a problem? The extra box that w...

    David’s Answer

    Any time you go back to the Appellate Court and file a new document, even if it is to simply make a correction in a minor matter, it is always the proper thing to do to serve the other side with a corrected copy of the new document you have just filed. That way there will be no surprises later on. Your name and reputation, even as a pro per litigant, is of the highest importance.

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  • What is the concecuences of 19 years old boy get 16 years olg girl pregnant california

    moms girl knows about relationship,she even drop her off to see him knowing he was 18 years at the time they meet ,he is now 19 years old,his parent they just found out she is pregnant ,they want to talk to her parents but she wants to told her he...

    David’s Answer

    Even if the 19 year old boy had sex with the "consent" of the 16 year old girl it is still a crime in California because the law presumes that a minor can not give legal consent to such an act. Different counties, judges and prosecutors handle this kind of case differently. Fresno county, for example, has received special funding from the state to prosecute these kinds of cases. The best thing for the 19 year old to do is to talk to a criminal defense lawyer A.S.A.P. to discuss the matter before it gets out of hand. I would not necessarily talk to the girl's parents until then. This is commonly called statutory rape and can have life-long consequences if you are not careful.

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