David Raymond Mugridge’s Answers

David Raymond Mugridge

Fresno Criminal Defense Attorney.

Contributor Level 4
  1. I am being charged for marijuana DUI I was not drinking he took away my license , I need legal advice to fight this.

    Answered 7 months ago.

    1. Vijay Dinakar
    2. Joseph Briscoe Dane
    3. Anthony Michael Solis
    4. Julia E. Simmons
    5. David Raymond Mugridge
    6. ···
    9 lawyer answers

    You can potentially lose your license for driving under the influence of marijuana just as you can for driving under the influence of alcohol. There is law that can assist if you had a verifiable medical condition that masked your real condition at the time of driving. It is not any more illegal to drive when you are having an asthmatic attack any more than it is illegal to have heart attack when you drive. Fight it.

    5 lawyers agreed with this answer

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

    Answered 7 months ago.

    1. Christine C McCall
    2. Kelvin P. Green
    3. David Raymond Mugridge
    3 lawyer answers

    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...

    3 lawyers agreed with this answer

  3. What to do next?

    Answered 7 months ago.

    1. David Raymond Mugridge
    2. Wendy Marie Schenk
    3. Greg Thomas Hill
    4. Jennifer J Wirsching
    4 lawyer answers

    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...

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  4. Appeal concern..

    Answered almost 2 years ago.

    1. Herb Fox
    2. Jason J Jarvis
    3. David Raymond Mugridge
    3 lawyer answers

    Remitting is just a fancy way of saying that the appeal is now concluded and the case is sent back to the Superior Court.

    2 lawyers agreed with this answer

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

    Answered 7 months ago.

    1. Gary Ralph Ilmanen
    2. David Raymond Mugridge
    3. Alan Ray Barnes
    4. Alan James Brinkmeier
    4 lawyer answers

    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.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

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

    Answered 7 months ago.

    1. Michael Raymond Daymude
    2. Alan Ray Barnes
    3. Herb Fox
    4. David Raymond Mugridge
    4 lawyer answers

    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.

    1 lawyer agreed with this answer

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  7. Can you appeal the decision of an evidentiary hearing?

    Answered 7 months ago.

    1. Dabney Finch
    2. David Raymond Mugridge
    2 lawyer answers

    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.

    1 lawyer agreed with this answer

  8. Filing record designation in appeal:

    Answered 7 months ago.

    1. Dabney Finch
    2. Abraham P Mathew
    3. David Raymond Mugridge
    4. Dana B. Carron
    4 lawyer answers

    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.

    1 lawyer agreed with this answer

  9. I don't have the money to pay a $5300 small claims judgement. Is appealing worth a shot?

    Answered about 2 years ago.

    1. Adam Jay Jaffe
    2. Frank Wei-Hong Chen
    3. Michael Raymond Daymude
    4. Timothy A. Provis
    5. Alan James Brinkmeier
    6. ···
    6 lawyer answers

    What have you got to lose if you really believe it was an unfair judgement. Maybe the other party is still willing to settle for less rather than having to wait.

    1 lawyer agreed with this answer

  10. What are your options post-appeal?

    Answered 7 months ago.

    1. Robert Lee Marshall
    2. David Raymond Mugridge
    3. Dana B. Carron
    3 lawyer answers

    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...

    1 person marked this answer as helpful