Jeffrey Tyson Hammerschmidt’s Answers

Jeffrey Tyson Hammerschmidt

Fresno Criminal Defense Attorney.

Contributor Level 12
  1. Do I need a DUI attorney?

    Answered 6 months ago.

    1. Denis Hurley White Jr
    2. Jon Bryant Artz
    3. Aaron Reuben Bortel
    4. Thomas Francis McKenna
    5. Cambria L Lisonbee
    6. ···
    10 lawyer answers

    A private attorney skilled in DUI defense can be of great assistance to a client charged with a DUI, even if the attorney is unable to obtain a dismissal or a "not guilty" verdict. The attorney can work to obtain a more favorable sentence, advise you on DMV consequences and represent you at the DMV (which a public defender cannot do) and also work with you to minimize increases in the cost of insurance. In the event you are convicted of a DUI or lesser DUI offense (wet reckless) the attorney...

    7 lawyers agreed with this answer

  2. My girlfriend was accused of stealing money and threaten to pay or lose her job.

    Answered 4 months ago.

    1. Joseph Wayne Rose
    2. Jeffrey Tyson Hammerschmidt
    3. Karren Melinda Kenney
    4. Raymond George Wigell
    5. Richard Wynn
    5 lawyer answers

    It is important that she contact an attorney before she is contacted by the police. Embezzlement cases are often difficult to prove but one slight misstatement by the accused can lead to her prosecution. Do not assume that if she is innocent she does not need an attorney.

    4 lawyers agreed with this answer

  3. Does the citation for dismissed case shows in background check?

    Answered 6 months ago.

    1. Greg Thomas Hill
    2. Andrew Stephen Roberts
    3. Benjamin Alika Okin
    4. Jeffrey Tyson Hammerschmidt
    5. Vijay Dinakar
    5 lawyer answers

    i agree with the recommendation of the other attorneys to get a Livescan. Additionally, your criminal history can be listed in different databases. Only authorized personnel can access your official state criminal history, called CLETS (California Law Enforcement Telecommunication System). It will list much more information that private databases. For example, CLETS will list any convictions you've had expunged, whereas private databases will not.

    4 lawyers agreed with this answer

  4. If the defendent is not satisfied with the public defender that is appointed....

    Answered 6 months ago.

    1. Greg Thomas Hill
    2. Benjamin Alika Okin
    3. Jeffrey Tyson Hammerschmidt
    4. Andrew Stephen Roberts
    5. Joseph Briscoe Dane
    5 lawyer answers

    A person who is accused of a crime and who cannot afford an attorney will be appointed an attorney based upon a case that was decided approximately 50 years ago, Gideon v. Wainwright. The accused is only provided with an attorney of his choosing if he has the ability to pay for a private attorney. If the accused has a public defender and he believes his attorney is not working effectively on his behalf he can make a motion to replace the attorney, which is referred to as a Marsden motion. It...

    4 lawyers agreed with this answer

  5. Has there been a misscarage of justice in my case and can i change my ple if so what do i face

    Answered over 1 year ago.

    1. Sherry Chalor Cross
    2. Jeffrey Tyson Hammerschmidt
    3. Joshua Kaizuka
    4. Steven Mark Sweat
    4 lawyer answers

    It appears that you were treated very unfairly. At the least, you should have been able to post bail, which on a second misdemeanor DUI would have been a fairly small payment to a bailbondsman. I'd suggest hiring a local DUI attorney to review the court file and the police report. You may be able to withdraw your plea and fight the case while remaining out of custody. If the judge acted improperly you can report him to the Judicial Commission.

    4 lawyers agreed with this answer

  6. IF I AM A NURSE AND AM CONVICTED ON A MISDEMEANOR, CAN I LOSE MY LICENSE?

    Answered over 1 year ago.

    1. Jeffrey Tyson Hammerschmidt
    2. Oscar Ernesto Toscano
    3. Joseph Briscoe Dane
    3 lawyer answers

    First of all, you need to determine if the Board requires you to report the conviction. If so, you should comply with the requirement. Second, if the Board believes your misdemeanor conviction is "substantially related" to the practice of nursing the Board will file and "Accusation," which looks much like a criminal complaint. You have 15 days to file a "Notice of Defense." Normally, for one misdemeanor conviction the worst that will happen to you is to be placed on probation with the Board...

    Selected as best answer

  7. My mom got charged with petty theft from Kohls and they have no evidence. Please help me contest and prove my moms innocence.

    Answered over 1 year ago.

    1. Jeffrey George Moore
    2. Elliot Rahmim Zarabi
    3. Jeffrey Tyson Hammerschmidt
    3 lawyer answers

    Your mother needs to find a good local attorney to assist her. The big name attorneys are expensive. If she can't afford one of them she should look for a private attorney with four or five years experience who has some trial experience. She can probably find one for reasonable fee. As I tell my clients, once we know what the facts are we are 10% of the way there. The other 90% is proving it.

    3 lawyers agreed with this answer

  8. 16 years ago I took a plea bargin deal and was charged with a felony. What can I do now to get it overturned?

    Answered over 1 year ago.

    1. Jeffrey Tyson Hammerschmidt
    2. Sherry Chalor Cross
    3. Patrick T. Donovan
    3 lawyer answers

    If you were placed on probation and successfully completed probation you could seek to have the conviction expunged. This would result in having the conviction removed from your record for almost all purposes. You may have other rights but an attorney would need additional information about your case first.

    3 lawyers agreed with this answer

  9. In a Cal Prop 36 case, can I either change or withdraw my guilty plea, or appeal the conviction?

    Answered over 1 year ago.

    1. Edward Zaryl Kotkin
    2. Jesus Antonio Rodriguez
    3. Elliot Rahmim Zarabi
    4. Jeffrey Tyson Hammerschmidt
    4 lawyer answers

    You'll need to file a motion to withdraw your plea. You'll need to explain in the motion that you were misinformed by your public defender and that you wish to contest your guilt.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Is 7 years a good deal in my case?

    Answered over 1 year ago.

    1. David Jon Pullman
    2. Jeffrey Tyson Hammerschmidt
    3. Joshua Sabert Lowther
    3 lawyer answers

    I wouldn't recommend taking a plea deal to any of my clients until I'm thoroughly familiar with all of the facts of the case, so I can't say whether 7 years is a good deal or not. I can say, however, that often the feds undercharge cases and if the date for accepting the plea bargain expires they'll file a Superseding Indictment alleging more charges. If that happens you'll probably never see the 7 year offer again. You need spend some time with your attorney, educate yourself, and make the...

    2 lawyers agreed with this answer

559-233-5333